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.

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Your Guide to Business Valuations in Nevada Divorce Cases

Piles of coins on desk with a house at background

During a divorce, assets must be divided equitably between the two spouses, and marital businesses are no exception. To be divided fairly, a business’s value must be assessed and an investigation must take place to determine how much of the business qualifies as community property. A business can be evaluated in different ways, but the most common methods for conducting business valuations are the book value method and the market/earnings method.

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Helping Your Kids Survive Your Divorce

sad children hugging his mother

Divorce can bring about changes in a child’s life that affect his or her emotional wellbeing. The stress of this new family dynamic can be offset with age-appropriate open communication, well-maintained familial relationships, structured visitation schedules, and preservation of familiar daily routines. Cooperative parenting will help to ease a child’s experiences during the transition process. For parents struggling to negotiate custody arrangements, mediation and court-ordered agreements can help provide guidelines. 

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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.

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Marital Agreements

Marital Agreements Prenup

Surratt Law Practice, PC is a Reno, Nevada firm that can represent you in drafting and/or negotiating a prenuptial or postnuptial marital agreement.  Prenuptial agreements are a tool to address property and asset division before a relationship goes “sours” when the two people still care about each other.

In the state of Nevada, engaged, married, or cohabiting couples may enter into agreements defining their property rights, and depending upon the type of agreement, their support, and other rights and obligations according to Chapter 123A.010 – 100 of the Nevada Revised Statutes.

The Uniform Premarital Agreement Act defines a premarital agreement as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Talking about establishing a prenuptial agreement as part of your wedding plans may seem like a negative conversation. The emotional dynamic of “negotiating the divorce while planning the wedding” can be difficult.

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Debt and Divorce

Devt, Divorce, Law, Surratt Law

By: Melissa L. Exline, Esq.

Divorce can be an expensive endeavor. It can be worse when the married couple is drowning in debt. Paying for the lawyer and setting up a new household after divorce, are just a couple of the big things that siphon proceeds from your pocket as well. Legal bills and court costs come even before a person gets their share of property, child support or alimony. Because of this, it is very helpful to make sure to take care of the financial expenses by way of proper planning. While it is stressful, the freedom you will get down the line will be worth the struggle.

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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.

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Top 5 Tips for Appearing in a Nevada Court via Internet Device

Zoom washoe county court case

By: Melissa L. Exline, Esq.

In Nevada, many Courts are continuing operations using “audio/visual” equipment.  In Washoe County, this has included programs such as Zoom.  The Judge, Court Clerk, along with a court reporter are present to run the Court.  This has been a learning process for all involved.  Having participated in Court this way for the past month, here is a top 5 tip list for a person appearing in family court in Washoe County:

  1. Dress as if you are going to Court. You still want to look like a nice, respectable person.  First impressions cannot be re-made – so start out on the right foot.
  2. Practice with your equipment at home and feel free to ask if your lawyer has done this too. You do not want to be figuring this out with the pressure of court looming.
  3. Let your attorney be your guide. He or she still knows the players involved better than you do, and Court etiquette still applies.  It can be hard to figure out when to speak up, so it is good to have a plan with your lawyer on how you want to be heard if everyone is talking.
  4. Have a plan on how to talk to your lawyer. Either use the chat features on the application (practice this in advance), or have a plan to email/text/be on the phone with your lawyer while all the other stuff is going on so you can make a private point with your lawyer (when this is permissible) with your attorney.
  5. Manage your expectations on what you can get out of court. This applies for video court or not – but the point is important.  There is only so much time and your lawyer will know which points to make and in what order.  Not everything gets done the way you want it to be, but getting some things done in a tumultuous time is going to have to suffice for now.

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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.

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Parents Facing Custody Issues During Coronavirus Pandemic

CORONAVIRUS COVID-19

The pandemic has been especially hard on parents who share custody of their kids. One family attorney has some advice for parents facing the challenge of parental custody in the time of COVID19.

The pandemic has been hard on just about everyone, but especially for parents who share custody of their kids. One family attorney has some advice for parents facing the challenge of parental custody in the time of COVID19.

Surratt Law Practice family attorney Travis Clark, Esq.  says visitation rights have to be observed even with the stay-at-home order. "The problem we are getting right now is one parent disagrees with the other parent on how they are handling this crisis. That is the issue it boils down to," said Clark.

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