What does a Complaint for divorce or custody mean?

The Complaint in a divorce or custody action means that the other Party has opened a case in family court and is requesting relief. Although the Complaint is filed with the Court, the Plaintiff’s request as stated in the Complaint may or may not be granted. The Complaint is simply a request by the movant. Often attorneys prepare generic complaints which include unlikely provisions such as attorney fees and spousal support. You must answer a complaint within 20 days of personal service. After an answer is filed, no orders will be implemented until the Parties either file a temporary or permanent agreement or appear before a judge.

Do I lose my interest in the martial residence if I move out?

In divorce cases, typically someone is going to move and the Court understands this; however, there may be some negative ramifications of moving out of the martial residence. There may also be some financial responsibilities to which you may or may not be obligated to pay. Each case is different, as such, it is best to talk to an attorney prior to moving.

The short answer is, if you have an interest in the marital residence, you will not lose the interest by moving out.

Does it matter who files first in a custody or divorce case?

The answer to that question is simple. NO! DOES NOT MATTER WHO FILES FIRST….

Family and friends may steer you wrong……

Family law practitioners often hear, “my friend or family said that I am entitled to X.” I can’t tell you how many times that I have heard this statement or, “my friend went through a divorce and she received X.”

Every case is different. First, your family and friends probably do not know the law and if your family or friends went through a divorce/child custody action, their action probably had a different judge and the facts are usually different. The other consideration is that your friends and family are probably only telling you what they believe to be true or what they want you to know.

This advice is also relevant in most fields of law including car accidents, wrongful death cases, personal injury cases, medical malpractice cases and slip and fall cases.

A little knowledge can be very dangerous. Listen to your lawyer.

Nevada does not have a formula to determine if you are entitled to alimony or how much alimony you will receive if you are entitled to an award. Several cases have provided factors that the Court is to look to in determining the extent of alimony if any. You should note that although there are factors for the Court to look to in making a determination, the extent of the alimony is discretionary to the Judge and each Judge varies as to their perception of the factors. Some of the factors are as follows:

1. The duration of the marriage
2. The age and health of the Parties
3. The earning capacity of the Parties
4. The financial condition of each spouse
5. The standard of living during the marriage
6. The contribution of either spouse as a homemaker
7. Education, skills, and training that each spouse obtained during the marriage
8. The income or career prior to marriage of the spouse that is to receive support
9. Each Party’s ability to support themselves
10. The marketability of each Party
11. The nature and value of the of the Party’s respective property.

Alimony is not a simple issue as there are several types of alimony (i.e. permanent, rehabilitative, lump sum). Furthermore, along with alimony comes a tax consequence. As such, to fully understand your rights and liabilities related to alimony, you should consult with a family law attorney.

Welcome to Hanratty Law Group’s recently established blog.

Hanratty Law Group is a law firm located in Las Vegas, Clark County, Nevada.  We have three attorneys that practice solely in the area of family law which includes, but is not limited to, divorce, child custody, spousal support and post divorce litigation.  Hanratty Law Group also has an attorney that practices in personal injury and corporate litigation. Our goal is to provide our clients with the personal attention necessary to achieve their ultimate goal.

This goal of this blog is to keep our followers updated on family law and personal injury issues that arise within the Court.   Furthermore, it is our goal to post all new case law, changes in Court rules and procedures.  Lastly, with consent from our clients, we will be providing facts and decisions related to some of our ongoing cases.  Please note that all posts related to a specific case will be limited due to the confidentiality of our clients.

The attorneys at Hanratty Law Group hope you find the posts informative and useful.  You can also contact us through our websites to request information to be posted on the blog.  For family law cases, please visit www.HanrattyLawGroup.com and for personal injury and corporate litigation cases please visit www.LVinjuryLawFirm.com.

Thank you and enjoy!