Protecting Your Business in a Nevada Divorce

A marriage couple cartoon model standing on a prenuptial agreements

Prenuptial agreements, buy-sell/buyout agreements, and trusts can protect a business in the midst of a divorce. Prenuptial agreements are made between prospective spouses in contemplation of marriage and are effective upon marriage. Discussing a prenup during wedding planning can offer a positive sense of security. Buyout agreements are made between co-owners of a business and dictate decisions should one owner be forced to leave, choose to leave, or upon death. Trusts allow parents to give business-related assets to the child(ren) without fear that the child(ren) will lose those assets later.

Read More

Understanding Parental Alienation in Nevada

Upset girl with head hidden sitting in a cornor

Parental alienation negatively impacts parent-child relationships and can cause profound psychological problems for the child. Fortunately, alienated parents may have grounds to modify existing child custody orders. 

What Is Parental Alienation?

Parental alienation is when one parent attempts to turn a child against the other parent. Considered to be a form of family violence by many psychologists, parental alienation can happen on a variety of levels and may take many forms including:

Read More

Adoption – Your Forever Home

About Town Deb Presents City Talk: Adoption - Your Forever Home

Say hello to my first sponsor, and guest of this week's #CityTalk, Kimberly Surratt of Surratt Law Practice! November is #NationalAdoptionMonth, and to raise awareness, I will be chatting with Kim about all things adoption. 👨‍👩‍👧 Kim has been working in Family Law for 16 years and it has grown into her passion. Starting in 2004, with her first surrogacy matter, she has immersed herself in assisted reproduction law, surrogacies, and adoption. 👨‍👨‍👦

Read More

Adoption During a Pandemic

An adult's hand holding a different skin color child's hand

An already lengthy adoption process has been impacted by the restrictions imposed by COVID-19 social distancing policies and travel restrictions. The global pandemic has influenced methods of in-home inspection, travel safety, and the need for a safe and consistent home. Though a global crisis presents prospective parents with a new list of challenges to overcome, many states are looking to keep processes moving forward in hopes of safely placing ready to adopt children in homes.

Read More

Estate Planning Prior to Divorce

Businessman showing a document to a couple

Divorce often requires a complete reorganization of a person’s life. Reconsidering previous decisions regarding estate planning is an often overlooked part of the separation process. Before the divorce, a couple may have curated an estate plan that integrated life insurance policies, trusts, wills, and retirement accounts or plans. In a time of separating lifelong assets, individuals need to consider several factors when revisiting estate planning upon divorce finalization. 

Read More

How Is Custody Determined in Nevada

Daughter drawing with her father together

Child custody agreements in Nevada address legal custody, physical custody, and visitation schedules. Typically, joint custody is favored when possible, unless it is not determined to be in the best interests of the child. When separated parents are on amicable terms, parenting agreements are generally constructed by the parents with assistance from a mediator when necessary. If there is a dispute that cannot be resolved outside of court, a Nevada judge will make a custody decision in the best interest of the child.

Read More

Title VII of the 1964 Civil Rights Act: A Triumph for LGBTQ Rights in 2020

By Travis Clark, Esq.

On June 15, 2020, the United States Supreme Court issued its opinion in Bostock v. Clayton County, Georgia, 590 U.S. (2020) – click here for full opinion of the court.  The case involved three separate cases of discrimination against the LGBTQ community:

  • Gerald Bostock was fired from his job for conduct “unbecoming” of a county employee, shortly after he joined a gay softball league. Bostock worked in Clayton County as a child welfare advocate.  Under his leadership, the county won national awards for its work.  After a decade with the county, he was fired shortly after joining the gay softball league.
  • Altitude Express, a skydiving company, fired Donald Zarda days after he mentioned being gay to a client who he thought would feel more at ease due to the tandem skydive, in which their bodies would be very close and touching.
  • Aimee Stephens was fired from Harris Funeral Homes when she transitioned from male to female, after being employed with the funeral home for six years.

Read More

Co-Parenting During COVID-19 for Divorced or Separated Families

By: Melissa L. Exline, Esq.

Yes, this is an issue. We have seen an increase in situations where parents are worried for their children and the worry is whether to send the children over to the other parent for normal custodial exchanges during the pandemic. Is it safe? Are the children going to be exposed and bring something here? It is not easy.

In addition, many times, the parenting orders are written so that exchanges are set to take place before/after school. And plans for Spring Break – well, forget about it. All of that went out the window. Already strained communication could be more strained. Since you are reading this, you know this already and you are ready to not let this undermine how you handle the next messy parenting discussion.

Read More

No Fault Divorce

By Rayna Brachmann, Esq.

Nevada is a “No Fault” Divorce State.  What that means is that one party must assert that the parties are incompatible in marriage, and they can no longer remain married.  The Court rarely, if ever, inquires further.  It is enough to say that we cannot be married anymore and the Court will make a finding that the parties are incompatible and grant a divorce.  This is not the case in every State.

I was recently in South Carolina attending a continuing legal education course taught by an attorney from Florida, who had also practiced family law in South Carolina.  She told me that South Carolina is a “Fault Divorce” State.

Read More

How to Navigate Troubled Waters – Helpful Strategies in Dark Times

By Travis Clark, Esq.

There are times in everyone’s life where strife, sadness, depression, anger and grief are in abundance.  The question is not “if” this will occur, it is “when” it will occur.  In a room full of people, imagine who is standing or raising their hand after the questions below are asked:

Please stand, or raise your hand if you:

  • Lost a loved one to an illness, or random act of fate?
  • Experienced a divorce?
  • Had tragedy strike you or your family?
  • Failed at an interview, or test?
  • Ever had your heart broken?
  • Been the victim of infidelity?
  • Been bullied?
  • Lived through a natural disaster?
  • Struggled through infertility, or lost a child in birth?
  • Have you had to cope with suicide?

If you asked these questions to this hypothetical room, the entire room would be standing or raising their hands by the end.

What does this tell us?

That adversity does not discriminate.  If you are alive, you will experience adversity at some point.  If this is a universal truth, then what? Well, then the question becomes: How do we handle this? How do we deal with such adversity?

How to handle adversity is dubbed “resilience” research.  There are whole fields of study on this topic.  Experts in this area study how humans cope with great tragedy when it strikes them.  What causes some to succeed in overcoming their grief, while others do not?  The ability of one to cope with adversity may be inherent in some and not others, but it can be learned, it can be taught.

There are three activities suggested by experts, that any one of us can engage, to get us through our most trying times.  These simple activities are meant to reframe the mind and cause us to see the world through different eyes.  This reframing is powerful, and when practiced with regularity it becomes a bulwark against our darkest moments.

When you find yourself going through an acrimonious divorce, or any adversity, try these three things:

  • Accept, and understand, that suffering is a part of every human life. Terrible things happen to you, just like anyone else.  Understanding that you are not unique in your suffering, helps you not feel a victim of your circumstance and accept the events you are dealing with.
  • Count three good things, each day. Good things that happen to you, or that you are blessed with, or are thankful for.  Switch your mental focus to the good, not the bad.  This is called “benefit finding.”
  • Lastly, ask yourself: “Is what I am doing helping me, or hindering me?” For example, if you have gone through a divorce or heartbreak, it is easy to count all the things you will be missing out on.  You would say to yourself things like: “I will never get to see his/her dog again; we won’t be going on that trip to Hawaii; look at all our pictures together, we won’t be…. etc. etc.”   When you take action during your time of suffering, ask yourself, “are the actions I am engaged in, helping me? Or hindering me?”  A good way not to “fool” yourself is to look at the outcome of your action, e. g. is your action causing you to cry, or be joyful, are you happy or sad?  If the answer is negative, then you are hindering yourself.

The fact is adversity happens to all of us.  Instagram, Facebook, and social media are NOT reality, life is not butterflies and rainbows all of the time. Life is messy and difficult.  Being resilient means understanding that you are not being singled out when tragedy strikes.  It means that you are normal and experiencing life just like everyone else.  Keeping this mind frame will help you navigate your troubled waters and know that good times are just around the corner.  My moto: “This too, shall pass.”

For more see: “The three secrets of resilient people.” by Lucy Hone, Ph.D. and author– TedX Talk

Next Page »