Five things to know about getting free or cheap family legal aid in Nevada

 You may ask yourself, “How can I get a lawyer on minimum wage?”  There are a number of ways to get through the family court process on a shoestring budget.  Here is a list of ideas to assist you.

1.              Clark County Self Help center provides some forms for free to assist you in family law matters, including divorce, child custody, and child support.  However, it is extremely advisable to fill out the forms and then have an attorney review prior to filing them so that you know whether you are affecting your rights and can understand the repercussions.  Furthermore, at the meeting with the attorney, you can clarify the procedure.  You can get a 15 minute free consultation with family attorneys on Thursdays at Family Court, otherwise, there are attorneys that will charge $100 for perhaps an hour long inexpensive consultation.

2.              If you require an attorney for any or all of the court proceedings, you can hire lawyers for limited services, i.e. unbundled services at flat rates.  You can also call the Nevada bar lawyer referral service and ask for a reduced rate attorney, which will charge $75 per hour instead of $250 per hour (meaning you get over three times the amount of work for the price).  Finally, and the hardest but cheapest lawyer to obtain, a free one through Nevada Legal Services.  This last option can take a long time because of the number of people on a waiting list.

3.              Remember, if you represent yourself in family court, you can always hire lawyers for consultations or for limited services such as to conduct the trial or evidentiary hearing.  You may want to save up for the trial, hiring the attorney at least one month ahead of time.

4.              If you are very poor, you may be able to get the filing fees waived.

5.              If your spouse is wealthy, you may be able to get your spouse to pay for your representation or provide you temporary support.  You should always consult with a lawyer long before letting your spouse know you are planning to divorce so that you can prepare.

Self help for Family Law is Available in Las Vegas but an Attorney is Advisable

Self help for family law in Las Vegas or Henderson is available for people who cannot afford an attorney.  People who are in Las Vegas or Henderson and are forced to resort to self help, meaning they file their own paperwork and represent themselves in family court during divorce of child custody proceedings, are still advised to consult with family attorneys to learn what their legal rights are.

Attorneys can provide privileged, confidential counseling to prospective clients and it is entirely possible that you will have to hire an attorney at some point during your family law case, for instance for a trial or an evidentiary hearing.  The Jacks Law Group charges $100 to review your matter and tell you your rights, whether you ultimately have to represent yourself or can afford a Las Vegas family lawyer.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Divorcing someone who has more money in Las Vegas.

My husband makes good money and I cannot be married anymore.  Divorce is inevitable.  I don't think I can afford a divorce attorney.  What can I do?

The best advice is to consult with a Las Vegas family law attorney to determine how you will survive when there is an unequal financial power between you and your spouse.  There are several remedies available under the Nevada Revised Statutes and Nevada Supreme Court Decisions.  It is important to consult with a lawyer well before you actually file for divorce so that you can plan.  

You should consider how you will live separately and independently from your spouse and how you will be able to have equal access to community resources so that you can afford a family lawyer.  You must know that this planning is critical because you cannot count on the court helping you with temporary support or alimony.  A divorce lawyer helping you before the court battle can protect your rights.  

Call for a cheap consultation on how to proceed when you ask yourself, Do I need a Las Vegas divorce lawyer?  Family law is complicated.  There are hundreds of Nevada Supreme Court decisions that may come into play and thousands of decisions around the United States.  There are also numerous Nevada Revised Statutes and Rules of Procedure that must be adhered to.  The best advice is to get a divorce attorney in Las Vegas as soon as possible.

You should never use a computer and phone that your spouse has access to while researching legal information regarding divorce online.  Your spouse cannot legally spy on you, but it happens and you may not know it.

DISCLAIMER

The information contained in this blog is for general information only and is not intended to be legal advice for any specific person or scenario.  The best advice is to always consult an attorney in order to have confidentiality and privilege.

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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

New Las Vegas family court rules coming in 2013.

David Jacks Attended the October 4, 2012 Family Law Bench Bar Meeting:  

Moderators:  Judge Pomrenze and Corinne Price.  

Honored Guest Justice Mark Gibbons. 

Discussion Topic:  Amendment to NRCP 16.2 -Overview of Significant Changes | ADKT No. 476 and NRCP 16.205 | Revised Financial Disclosure Form, Opt-in form and Marital Balance Sheet.

The Jacks Law Group strives to be on top of the changes in family law to ensure clients get competent representation.  If you want to know how current your attorney is on family law, ask if they know about the pending rule changes to NRCP 16.2 which will take effect January 2013.

Dedicated to Continuing Legal Education

Each year Attorney David Jacks spends his time and money to keep current in multiple disciplines of law in order to bring the cutting edge legal principles to his law practice.  So far, in 2012, Mr. Jacks has attended the following continuing legal education seminars in the field of domestic relations, otherwise known as family law:


Nuts and Bolts of Family Law Practice;
Supreme Court Panel: NRCP 16.2 and Advice on Improving your Approach;
The Complexities of Custody: Jurisdiction and Enforcement Prolems under Nevada Law;
Ethics and Very Hard Choices in Evidence;
Drug, Alcohol Abuse and Domestic Violence;
Case and Legislative Update;
Custody and Conflict;
Spy Stuff: Can we use it in Court?

Family Mediation Center and the services they provide.  Joyce Gallina to discuss issues directly regarding recording child interviews, protocols used, qualifications for mediators/interviewers, communications between FMC and the court/attorneys, and pressures/motivators used by mediators to settle cases

Divorce lawyer for Las Vegas.

The Las Vegas divorce lawyer and attorney at The Jacks Law Group can ease the stress of your divorce, custody or child support case in two important ways. 

First, we strive to get you a fair result. 

A fair result means that your assets are evenly divided, support is set at the right amount based upon all relevant facts and your relationship with your children is preserved. Ideally these results can be negotiated, but if the other side is unreasonable, we are tough, experienced advocates who will not back down. 

Second, we try to keep your legal costs low by doing things right the first time, moving your case forward until completion and considering at all times if the results will justify the dollars spent.

Las Vegas Divorce Law Information

If you seek free information about Las Vegas or Nevada divorce law, you are probably already facing troubling times and difficult decisions. One way to regain control of your life is to accumulate as much knowledge and perspective as you can about all aspects of a Las Vegas divorce.

That is exactly why the The Jacks Law Group developed this site, which is a collection of facts, articles, and opinions designed for individuals facing your situation. However, the lessons learned here are not the best part of the solution. To truly make your way safely through the challenges ahead, you require the support of a passionate, understanding Las Vegas divorce law professional on your side.

You need an attorney who appreciates the magnitude of your troubles and can create a safe haven while you take steps to improve your life.  Learn about Las Vegas divorce law, child support, alimony, military divorce, custody, support, property division and consult with us.

Las Vegas divorce involving property, retirement, and/or high incomes.

The courts call divorces involving retirements and high-income individuals, “high asset divorce cases,” and it is crucial to retain a qualified divorce attorney who is experienced with both family law and high-income individuals due to the complexity of the assets involved. Married couples with accumulated property and wealth are considered “high asset” when there are pensions, cars, boats, real estate, securities portfolios, business partnerships, stocks, investments and bonuses to be considered in a divorce.

After you have hired your family law attorney, it is time to consider hiring a tax accountant and financial/tax specialists.

Now that the stock market is recovering, investment accounts are rising in value, and deferred compensation is returning, high-income individuals facing divorce are again dividing assets instead of only debts.

In high asset divorce cases, issues to consider include:

·      Actual legal ownership of all property prior to divorce
·      The actual legal ownership in the event of a settlement
·      The actual legal ownership following a trial and judgment
·      The tax considerations of dividing assets
·      Worth or value of all assets
·      Security clearance for certain jobs and the consequences of divorce, debts, bankruptcies, and foreclosures
·      Community Property
·      Separate Property
·      Gifts
·      Prenuptial agreements and ante-nuptial agreements
·      Post-nuptial agreements and marital settlement agreements
·      Which of the three would be most productive: trial, mediation, or settlement negotiations

Name change in Las Vegas, Nevada

Changing a name in Las Vegas can be a complicated process, but for lawyers it is a routine procedure.  The process of changing a name can take a couple of months and the process varies depending on whether the name change is for a minor, name change for an adult, and name change for a family  You may have to go to court and explain your reason for changing your name to the judge.  For approximately $1000, you can go through the legal process of changing the name.

There are a factors that make the legal fees and costs go up, including whether the person seeking the name change has a felony criminal record.  If you are not trying to change your name but you are trying to correct it on a public document, that would require specialized research as well.

When you say to yourself, I need a lawyer to change my name, call us.

Las Vegas Child Custody Lawyer, Divorce Lawyer in Las Vegas: Lawyer Sex... in Las Vegas...with Clients...in Jail!?!?!

Las Vegas Child Custody Lawyer, Divorce Lawyer in Las Vegas: Lawyer Sex... in Las Vegas...with Clients...in Jail!?!?!

Yeah, what is up with that?

Las Vegas Termination of Parental Rights Clear and Convincing

The Nevada Supreme Court ruled in April 2012 that a the lower Nevada district court must make express findings of fact in its written order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the termination of parental rights.  

Because even judges make mistakes in rendering rulings, it is important to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk.

REQUIRED DISCLAIMER

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

Child Custody lawyer in Las Vegas

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

If you are married with children and are anticipating a divorce in Las Vegas, you should consult with a Las Vegas divorce lawyer to discuss your child custody rights.  Child custody in Las Vegas is presumed to be joint physical custody and joint legal custody at the time of the divorce, but the judge will look at best interests to determine whether that presumption is rebutted.  

The other types of child custody recognized in Nevada are primary physical custody, sole physical custody, shared custody,  and sole legal custody.  The difference can affect other parts of your life, including your right to travel and your right to child support.

At The Jacks Law Group, PLLC we understand that family problems can cause extreme emotional discontent. Both sides usually feel that his or her side is right. We understand that you may also feel obligated to maintain certain principles or go after unrealistic goals during your divorce.

We work hard to ensure that unrealistic expectations or grudges do not interfere with your final decision. You should focus on what is realistic and affordable. We want you to walk from your situation with more--not less. We place our focus on your family's needs and best interests.

So when you ask, "How do I get divorced in Las Vegas?" or "How do I get a divorce in Las Vegas?" call us.

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.

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.

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.

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.

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.