Saturday, July 28, 2012

Ex-wife's new boyfriend enjoying your alimony checks? Read!

So your ex-wife is shacking up but will not get married because the alimony that you pay her will terminate upon remarriage. You do not want to keep paying her alimony because she is getting a windfall from her boyfriend and from her alimony payment.  Also, your spousal support payment may be helping her new lover.  You want to stop paying her alimony.  Can you?


As is usually the case in family law, it depends.  Your alimony lawyer will have to examine the facts around these changed circumstances and analyze your chances at alimony modification.  You may be able to pay her less in alimony, but you should not until you have a court order modifying alimony. If you stop paying, arrears, interest, and penalties will accrue, even if you are successful at modifying the spousal support.

You may also be able to modify alimony if you are making less money than you did at the time of the decree of divorce.  

It is imperative that you consult with a family law attorney in Las Vegas to discuss these possibilities and develop a strategy to modify or terminate your spousal support payments.



REQUIRED DISCLAIMER

The information about alimony contained on this page is not intended to be legal advice about alimony.  Your alimony matter should always be evaluated by a local alimony attorney.  You should treat alimony with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your alimony matter.  At the very least, consult with a local alimony attorney—multiple times if necessary if you insist upon representing yourself.

Tuesday, July 24, 2012

What if I committed the crime as a minor but I am caught as an adult?

The Nevada Supreme Court recently decided in the case State v. Barren that juvenile court does not have jurisdiction to preside over a criminal case when the suspect was a minor at the time of the crime but only identified as the defendant after the minor became an adult. The Supreme Court specifically concluded, "jurisdiction in this case is determined on the date when the State initiated proceedings against Barren rather than the date when Barren allegedly committed the offenses.  At the time the State initiated the proceedings against Barren, NRS 62B.330(3)(e)(2), the statute governing jurisdiction, was in effect, and the juvenile court did not have jurisdiction.  Accordingly, we reverse the district court’s judgment and remand."


This holding essentially means that a juvenile crime can haunt the perpetrator into adulthood and the perpetrator will be treated as an adult suspect.  In the State v. Barren case,  the defendant was accused of using a deadly weapon while kidnapping and sexually assaulting a woman when he was 17 years old.  He was 21 before he was caught.


If you committed a crime and are still a juvenile, it is advisable that you consult with a Las Vegas criminal defense attorney before you become an adult, otherwise you will be treated as an adult automatically.  Note, the police may know who you are while you are a minor, but you may not actually be charges until after you are an adult.  It may be wise to turn yourself in while still a minor and under the jurisdiction of juvenile court.  Do not do anything, though, until you have consulted an attorney who handles criminal cases in Las Vegas.


You should consult with Las Vegas criminal defense lawyer David R. Jacks, Jr.

Sunday, July 22, 2012

Free Advice regarding your domestic violence charge in Henderson, Nevada

A Henderson, Nevada domestic violence lawyer will assist you through your criminal proceedings and provide you the best possible defense given the situation. A domestic violence charge in Henderson, Nevada is no laughing matter.  It can haunt you across state lines and over many years.  Domestic violence can affect child custody, job options, gun ownership, and sentencing at future criminal convictions.

Do not count on your significant other that you are alleged to have attacked helping you.  Your "victim" including your spouse does not have to testify for you to be convicted of domestic violence. 

If you have been arrested for domestic violence in Henderson, Nevada, you should hire a lawyer with experience handling domestic violence.  David R. Jacks, Jr, a Native Las Vegan, defends tourists and residents of Henderson, Nevada in divorce cases and cases involving domestic violence.  Mr. Jacks also handles criminal matters.  Domestic violence can be an area of law that goes before family and criminal courts.

You need a Henderson domestic violence attorney who will treat your case with the respect and seriousness it requires.  Your attorney will review the police report, witness statements, and other evidence soon after your arrest for domestic violence.  

Furthermore, a Henderson, Nevada domestic violence lawyer shall look for procedural defects with the police report, including jurisdictional, legal cause for the disturbance call, and appropriate maintenance of evidence. A Henderson domestic violence attorney will interview witnesses for the defense and the prosecution.

It is necessary for a Henderson domestic violence attorney to do the above steps in order to negotiate a deal or prepare for domestic violence trial.  Even if this is only your first offense, it is important to treat your defense aggressively because any future charges could completely devastate your life.

We offer the below advice free of charge, but it could save you years of grief:

Call the The Jacks Law Group for assistance with your Henderson domestic violence charge.  Call as soon as possible and speak to no one else about your case except your Henderson criminal defense lawyer.  Call us for a $100 consultation to review your case and develop a strategy and legal theory for your defense.

Sunday, July 15, 2012

Modify Child Support in Las Vegas

Every three years after the last Order setting child support, either parent can go to court in Las Vegas to ask for modification of child support without reason.

Prior to the three year review, either parent can modify child support based on a change in income of over 20 percent.

When you say to yourself, "I need help with child support in las vegas" you need a Las Vegas family lawyer.

If you want assistance to change your child support, call us.

Divorce in Las Vegas can be a Vacation.

Las Vegas, Nevada is an exciting place with beautiful weather most of the year.  As I write, in the middle of Summer, it is raining outside—a respite from the normally warm Las Vegas summer days.

People come here from all over the world to live and play.  With its pretty staging in various places on the Las Vegas Strip and its wondrous landscapes on the outskirts of town, Las Vegas is a place to get married.

Ever since Nevada became the most liberal state for divorce jurisdiction over 100 years ago, Las Vegas is the destination for divorce.  Very few places in the world allow you to basically get divorced during vacation.  What you do is live in Las Vegas for six weeks, with an intention to remain indefinitely, and you can file for divorce.  If children are involved, this could complicate matters.

Many individuals who just finally want to get their marriage over with will travel to Las Vegas and hire an inexpensive attorney for a quick divorce.  Las Vegas has many attorneys who do not charge much for simple divorces where there are no assets or children.  The reason, Las Vegas is probably the easiest place to get a swift dissolution of marriage.

REQUIRED DISCLAIMER

The information about divorce in Las Vegas contained in this post is not intended to be legal advice about divorce in Las Vegas .  Your divorce in Las Vegas should always be evaluated by a Las Vegas family law divorce lawyer.  You should treat divorce in Las Vegas with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your divorce in Las Vegas or Henderson family law.  At the very least, consult with a Las Vegas family law divorce lawyer—multiple times if necessary if you insist upon representing yourself.

Saturday, July 14, 2012

Same Sex Divorce Recognized in Las Vegas?

Las Vegas family attorney Anthony M. Wright posted an article on his Las Vegas family law blog that states that one Las Vegas family law judge is recognizing the constitutional rights of married same sex couples to get divorced in Las Vegas.  He mentions that Las Vegas divorce lawyer Louis Schneider brought the case to resolution.  Upon reviewing Mr. Schneider's blog, I note that his article regarding the matter states that the judge relied on the privileges and immunities clause of the United States Constitution.


Upon further investigation into the case, it appears the case involved a couple who were married in California while California allowed same sex marriages.  The case also involved property distribution but nothing regarding child custody.


It is not surprising that judges are upholding the US Constitution on this issue.  What is surprising is that Las Vegas may divorce gay couples, but not marry them.


This ruling may begin a trend towards mainstreaming gay rights in Nevada.

Sunday, July 8, 2012

Quick Las Vegas Divorces can also be really cheap.

You can get divorced for $1000--total for both spouses.  That is $500 per spouse if your divorce does not involve assets and children.  The Jacks Law Group will prepare most of the paperwork required to finalize your divorce for $800 and will refer your spouse to any of several attorneys that have agreed to accept $200 to explain your spouse's rights to him or her.  

However, if your spouse does not like what the other attorney has to say, and changes his or her mind about the terms of the divorce, negotiation may still save this from becoming a contested divorce.  Once it becomes a contested divorce in Las Vegas, however, expect to sign a new agreement with your lawyer and prepare to pay significantly more money because litigation is imminent.

If you and your spouse already agree on all the details, then the uncontested Nevada divorce process can save you a great deal of money, time, and aggravation. It is important, however, that your uncontested divorce be handled correctly so that you don't have to go back to Court later to fix a mistake.

The Jacks Law Group, PLLC will help you with your uncontested divorce. We provide cost-effective advice to people seeking an uncontested divorce in the Las Vegas, Nevada, area. We can make sure that potential unforeseen problems are recognized and taken care of before they happen. This will save you from having to "pay later" by ensuring that your divorce is handled correctly the first time.

Check out our Las Vegas family Law website to get our phone number and to arrange for a confidential consultation with David R. Jacks, Jr., Esq. of The Jacks Law Group, PLLC. Our firm handles uncontested divorces quickly for a reasonable fee.

NEVADA UNCONTESTED DIVORCE ATTORNEYS

In order to file an uncontested divorce in Las Vegas, you and your spouse must agree on all of the details.  These details include child custody, division of property, and whether a spouse will pay spousal support. If you do not agree on these details, then you will have to file for a contested divorce. The process in an uncontested divorce is relatively quick and easy. The couple lists their assets and other parts of their agreement in a Joint Petition for divorce. One of the benefits of filing an uncontested Nevada divorce is that one law firm can represent both parties, thus saving on attorney's fees.

The Decree of Divorce, which is your final divorce order, is then filed and the divorce is finalized at that time. This entire process can typically be completed within a few weeks. Occasionally, a judge will ask for short hearing, known as a "prove up" hearing, to make sure that both parties understand the terms on which they are agreeing. Prove up hearings are typically quick and can be easily handled by a Las Vegas family law lawyer.

Many people think that they can take care of a Las Vegas uncontested divorce on their own, but they do not know what they are getting themselves into. Do-it-yourself forms have their uses, but many people do not understand what they are filling out. Making a mistake during an uncontested divorce can cost both of you money down the road. An attorney can catch and recognize unforeseen circumstances and help protect cases from becoming costly.

Just as you would not conduct surgery on yourself, you should not attempt to maneuver the legal system without the assistance of counsel.  As you can see, you probably will pay less for your divorce doing it this way than you paid for your wedding.

Sunday, July 1, 2012

Las Vegas family law on uncontested divorce

Las Vegas family law allows for no-fault divorces, which mean it is easy to establish a legitimate reason for divorce to proceed in family law court.  Las Vegas family law has 3 grounds for divorce, any one of which must be met, including insanity, desertion, and irreconcilable differences.  The court will not care about adultery or infidelity. In Las Vegas uncontested divorces, spouses agreed to split up and already decided on the terms of their divorce, settling such matters as child custody, spousal support, how to divide assets and debts, and other issues related to their marriage.

In Las Vegas uncontested divorces, an aggressive divorce lawyer will provide invaluable service, reviewing your terms to ensure you have covered all the necessary points, then drafting the settlement agreement and helping finalize the divorce on your behalf. It is vital to speak with a lawyer as early as possible in the process and both parties should be represented as they would in an arm’s length business transaction to ensure everyone is protected.

Ask yourself, “Do I need a divorce lawyer?” and the answer is a resounding yes!  Attempting the process on your own is like doing surgery on yourself.



So, when you say to yourself, "I need help with a divorce in Las Vegas" you need a Las Vegas family lawyer.

REQUIRED DISCLAIMER

The information about divorce in Las Vegas or Henderson family law contained on this page is not intended to be legal advice about divorce in Las Vegas or Henderson family law.  Your divorce in Las Vegas or Henderson should always be evaluated by a Las Vegas or Henderson family law divorce lawyer.  You should treat divorce in Las Vegas or Henderson family law with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your divorce in Las Vegas or Henderson family law.  At the very least, consult with a Las Vegas or Henderson family law divorce lawyer—multiple times if necessary if you insist upon representing yourself.