FAQ

If you have more than one pet, you can create a pet trust that stipulates provisions for the care of each pet separately. Unless revoked, the pet trust will remain active until there are no surviving animals covered in the trust.

You can designate a remainder beneficiary to receive any funds that may be left upon the passing of your pet. The beneficiary can be a friend or family member, or you can name an organization, such as a charity that benefits animals, as the remainder beneficiary.

Estate planning attorneys can help you create a pet trust to plan for the future of any type of designated pets or domestic animals. This includes, but is not limited to, birds, fish, snakes, rabbits, horses, lizards, etc.

If your spouse or partner has not adopted your children or has not been legally designated as a parent, the courts will be afforded with decision-making authority regarding the custody of your children after your death. While they will consider what is in the best interests of the children, having a designation in place in a valid will is the only way for you to ensure that your children remain in the custody of your partner or spouse.

Estate planning is a vital part of life, regardless of marital status. Making decisions ahead of time regarding medical care, asset distribution, and financial authority can help lift the burden off of your loved ones during an emotional time. Additionally, having an estate plan in place can help minimize the impact of taxes, attorneys fees and costs on your estate, further minimizing financial burdens your family may face.

The only way to ensure without question that your spouse or partner has all the decision-making power you wish to provide them with in the event of your death or incapacitation is to create an estate plan. Creating legal documents in advance to designate your spouse or partner with financial or medical power of attorney helps to ensure that they have the power to implement your wishes when you can’t.

When calculating alimony in Nevada, the courts will consider:

• The length of your marriage
• The receiving spouse’s pre-marriage career
• The receiving spouse’s education, training, or skill level
• Additional awards granted by the court, not including child support
• The physical and mental health of both spouses, regarding your ability to earn an income
• The income, standard of living, and owned property of you and your spouse

To file for divorce in Nevada, you or your spouse must have lived in Nevada for a minimum of six weeks.

In some cases it matters which spouse files for divorce first in Nevada. If your divorce is uncontested or settles out of court, who files first is not as important. If, however, your divorce case goes to court, the spouse who files first will have the advantage of presenting evidence first and having the ability to rebut after your spouse rests their case.

There are no laws or policies in place in Nevada that favor one parent over the other based on sex or gender. Instead, determinations are based on the child’s best interests, which is impacted by factors such as a history of child abuse or neglect, a parent’s mental or physical health and ability, substance abuse, third-party recommendations, stability, and, in some cases, the child’s wishes. However, it isn’t uncommon for mothers to obtain primary custody more frequently than fathers in Nevada. Retaining a child custody lawyer can help you to protect your parenting rights and ensure a fair evaluation is made regarding child support obligations.

For a parent to be considered unfit, they must be incapable of providing proper care, support, or guidance due to a consequence of their own habit, fault, or behavior toward their child. This can include child abuse or neglect, substance abuse, exposure to unsafe environments, or other behaviors that would endanger or harm the child.

Yes. In cases where there is ample evidence that supports a parent’s claim of a significant change to their circumstances, or circumstances that affect the child, a child custody or support order can be modified. These circumstances include new disabilities or diagnoses, a recent conviction of a crime, unforeseen relocation, and changes in employment. Other special circumstances may apply. A child support attorney can help you determine whether your existing agreements need modification based on new circumstances.

The five primary components of an estate plan are power of attorney, health care or medical directives, Wills, Trusts, and beneficiary designations. In addition, a person planning their estate should consider who they would like to name as executor, plans they would like to make for the care of pets, and plans for the custody of dependent children. Including funeral and burial or cremation plans is also a common in an estate plan.

An estate plan is broader than a will, and typically encompasses a will. An estate plan can include the management of assets before or after your death. Estate plans also include decisions you make about your care following incapacitation. Advance medical directives, trusts, burial or cremation plans, and financial or healthcare powers of attorney are all a part of estate planning that do not require a will. A will, on the other hand, only activates upon your death and includes postmortem asset distribution and decision-making.

A trust is a legal entity that is set up to manage an asset. A revocable trust is a trust that allows the terms to be changed at any time. This change can occur with or without the consent of the beneficiary. An irrevocable trust, on the other hand, can only be modified with beneficiary consent.

The term “surrogate” is often used interchangeably with the term “gestational carrier.” In Nevada, pursuing parenting through a gestational carrier is legal as long as certain rules are followed. Nevada does not allow traditional surrogacy. Traditional surrogacy is where the carrier of the embryo is also the egg donor, and is therefore genetically linked to the fetus. A gestational carrier, however, is not genetically linked to the baby, as she is not the egg donor. Nevadans can enter into a gestational carrier agreement (pursue surrogacy) as long as they comply with the minimum requirements of Nevada law. This includes having a valid contract negotiated through independent, separate legal representation.

Yes, you can pay a surrogate/gestational carrier in Nevada. You can not, however, financially compensate an embryo donor. Egg donors, on the other hand, can be compensated financially for the pain and suffering sustained due to the donation process.

Intended parents can qualify for surrogacy regardless of marital status. This means that single parents, unmarried couples, and unregistered domestic partners can become parents through surrogacy in Nevada.

Yes. Under Nevada law, all parties entering into a surrogacy/gestational carrier agreement are required to retain independent legal counsel while negotiating the contract.

No. While a carrier has rights outlined in a gestational carrier agreement, they cannot choose to keep the child. This is because they do not possess parental rights if all laws were followed during the contract phase.

In Nevada, an unfit parent is defined as a parent who is deemed incapable of providing proper care, guidance, and support through reason of their own fault, habit, or conduct toward the child. Conduct such as child abuse, substance use or exposure, and willful neglect are some behaviors that would qualify a person as an unfit parent.

In Nevada, the grounds for divorce are irreconcilable differences, living separate and apart for a minimum of one year, and incurable insanity existing for at least two years prior to the action. For a Nevada divorce to be granted on the no-fault grounds of irreconcilable differences or living separately and apart, the petitioner must simply state that the conditions exist. However, corroborative evidence is required to obtain a divorce based on incurable insanity.

Mediation is an excellent alternative to litigation when resolving family law matters. Mediation allows people to work together to find solutions that meet their family’s unique needs and preferences, creating a more positive experience for families. Participants have more control over their futures, the setting is less stressful, and people are often able to resolve their disputes more quickly. As an added bonus, mediation is significantly less expensive than going to trial.