Preventive Family Law for Nevada

What is Mediation?

Mediation is a problem-solving method in which a neutral, impartial third person assists the parties in resolving issues to which there is a dispute.  Mediation is informal and non binding, meaning that you cannot force the other party to mediate an agreement.  The mediator, unlike a judge, is not the decision maker, but instead helps the parties develop options.  The final decision always rests with the parties to reach a resolution that works for both of them.

Mediation is a popular alternative for family law cases because it is confidential, informal, and less expensive than traditional litigation.  Additionally, because the pace of mediation is set by the parties, it can be time-savings to parties as well, as you are not waiting for a court date to proceed.  Finally parties can decide to mediate with their attorney present to provide guidance during negotiations, or without their attorneys present, which can reduce costs. 

Once the parties have reached a mediated agreement, the mediator should prepare a memorandum of understanding and forward it to the parties' attorneys.  It is then the attorneys responsibility to put the agreement in the proper legal format to submit the agreement to the Court to be finalized. 

If you are interesting in learning whether mediation is right for you, contact your attorney, or call the The Herr Law Group for a consultation at 735-4377.

Addiction to Video Game Destroys Marriage

Did you catch the article by Mike Smith featured on Yahoo's home page on February 15th.  The article featured the story of a women who blamed the dissolution of her marriage upon her husband's addiction to a video game.  To read the full article click here.  The women is quoted as saying "It took away all of our time that we spent together. I ceased to exist in his life." Interestingly despite the loss of his marriage, the husband is still playing . . . . .

What Not To Do When Testifying in Court!

The following great tips come from Texas attorney Dick Price who authors the blog Divorce and Family Law in Tarrant County Texas

10 TIPS FOR WITNESSES: DONT GIVE THESE ANSWERS

After recently spending several days in court on various matters involving testimony, I feel like I should share some fairly common statements that should no longer be used in court. I understand that some of these are the way people may talk in a conversation, but they were not uttered in conversations. They were spoken in a formal court hearing which operates under different rules than regular social discourse. The following statements are guaranteed to not impress or convince a judge or jury in court:

1. "I have all the records at home/in my truck/at my office, etc. and I can bring them in." Sorry, but you need them right now and you can't stop court to go get them.

2. "Everybody knows that ______ is true." That's not acceptable proof. 'Everybody' needs to testify.

3. "I got it off the Internet, so I know it's right." Think again!

4. "I can get letters from lots of friends/co-workers/relatives/neighbors saying that." Have you heard of hearsay?

5. "I could have gotten the records/pictures/witnesses, etc. if I had just known that I needed them." You should prepare in advance with your lawyer and follow his or her instructions about what you need to bring.

6. "I have it all on my computer." If your computer's not with you today in court, it does no good.

7. "I can bring in lots of witnesses to prove that." If so, you should have brought them in.

8. "They're all lying about me." Sometimes conspiracies happen, but more often it seems likely to be true if a number of live witnesses come into court and say the same thing.

9. "I may have plead guilty, but I didn't really do what they said I did." Sorry, but you can't argue that for a guilty plea. If you were convicted after a trial, you could say you didn't do it and that the jury was wrong, but that still won't get you anywhere. A conviction is a conviction.

10. "Do I have to answer that?" I love to hear that from an opposing witness. That always grabs my attention. 99.9% of the time, the answer is "Yes". I want to find out what you're scared of.

Bottom line: You lose credibility and waste time by using these answers. Anyone about to testify in court should talk extensively with the lawyer for your side to prepare for your testimony. Remember, this is more than a simple conversation over coffee. There are rules and formalities imposed by the court system and you must observe them

Common Financial Mistakes Following Divorce #1

#1     NOT HAVING ENOUGH MONEY ON HAND FOR EMERGENCIES

No one expects to lose a job or become ill.  But it can happen, and the financial repercussions can be lasting.  During a marriage or partnership, the financial hardship caused by an unexpected event is sometimes less disabling because of the help of a shared burden with your partner.  If both partners are contributing to the household finances and one of you loses a job or source of income, the impact is significant but not life style threatening.  However after your divorce, if you are now the sole income earner for your family, the effect of a loss of employment, a long illness, or unexpected financial loss can be much more grave. 

A prudent strategy is to keep enough money in a separate "emergency" account, to cover your living expenses for up to six months.  You have probably heard this "six month" rule before, but it is even more critical following a divorce.  While this goal may seem out of your reach immediately following your divorce, remember you do not have to do it all at one time.  Even a few dollars a week saved toward this goal is progress, and each dollars in your "emergency" account, is greater safety for you and your family.   Only after your emergency plan is in place, are you truly ready to face your future, and embrace the new life ahead of you.