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.

Do I need to retain an attorney or can I represent myself in a family law case?

You can certainly represent yourself in your family law case; however, you must weigh the negatives and the benefits to representing yourself. Obviously, it is less costly to represent yourself and in some cases, proper person litigants may not experience any problems especially in non-litigated cases. There are also negatives to representing yourself. There are complexities to family law cases that proper person litigants may not be aware. Furthermore, in Court, proper person litigants are held to the same standard as a family law practitioner. A judge is not permitted to assist you with your case or provide you with legal advice. Once in the courtroom, you are on your own.

There are problems that many people face in the courtroom when representing themselves. I have observed many litigants in Court representing themselves and they frequently make the same mistakes. If you do choose to represent yourself in Court, do not interrupt the judge, make sure to filter what you say so as not to offend the Court, think through your argument prior to entering the courtroom, do not argue with the Court or the opposing counsel/litigant, speak only to the Court not the other party and STAY CALM.

I never recommend signing any documents or representing yourself in proper person without at least consulting with an attorney to become more knowledgeable as to your rights.

What questions should I ask a family law lawyer during my initial consultation?

1. How long have you been practicing? Please note that some great attorneys have only been practicing 5 years.
2. What fields other than family law do you practice? It is important to hire an attorney that practices frequently in family law. If they practice in several fields, family law may not be there primary practice which could impact their ability to achieve success. Review their website for truthfulness.
3. If you already have a judge, ask the lawyer their opinion of the judge. If you do not already have an attorney, ask which judges you want or do not want on your case. This will provide you with insight on how familiar the attorney is with the judges and family court in general.
4. Ask the attorney the negative and positives of your case. If the attorney guarantees your win….RUN! If the attorney is not honest with your negatives, they are not likely being truthful.
5. The amount of the retainer and their hourly charge and the hourly rate of their paralegal, or legal assistant.
6. Will they be handling the case themselves or will another attorney in the office be handling the case.
7. If your spouse has hired another attorney, ask the potential attorney their experiences with that attorney. Believe it or not, attorneys that get along may benefit your case as they can hopefully work together to settle the case or reduce the cost of attorney fees rather than having squabbling between the attorneys.

Obviously there are several more questions specifically related to your case that you will need to ask as these are just a few questions that may assist you in choosing the best attorney for your case. Meet with at least three attorneys and compare the answers.

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!