Preventive Family Law for Nevada

Just Because The Divorce Is Over Doesn't Mean the Work is Done

As a lawyer, I sometimes hear from clients that say "my divorce is over, so why as I still getting charged".  The answer is simple -- while the divorce is over, there are still many tasks to complete.   

Emotionally, there is often a sense of finality to the dissolution of a marriage when the Judge announces that the divorce is granted, unfortunately, practically there are many more steps to complete.  More often than not, they are outstanding orders to process, the final Decree must be entered into the record, evidence in the case may need to be sealed or returned, and there are a whole litany of documents that must be entered to reflect the change in ownership of various property incident to the divorce. 

Typically, your attorney will be involved in preparing and recording quitclaim deeds or other documents necessary to transfer ownership of real property, they may also choose to record promissory notes, deeds of trust or other documents to secure monies owned but not yet paid.  If retirement accounts are involved, your attorney may recommend the preparation and entry of a special order known as a Qualified Domestic Relations Order ("QDRO") to secure your interest in retirement assets.

In addition to the tasks your attorney completes, you need to be involved in a number of matters   including but not limited to: 

1. Notifying creditors to close accounts and/or to remove the other spouse's name
2. Transferring title on automobiles, boats, trailers, motorcycles, etc.
3. Changing names on bank accounts and other financial instruments
4. Changing beneficiary designations on life insurance policies, and financial accounts
5. Removing your spouse's name from, and/or obtaining new home owner's and automobile insurance

Keep in mind that when these issues are not resolved contemporaneously with the conclusion of the divorce process, they tend to get overlooked and sometimes forgotten.  Sadly, it can be be much more difficult (and expensive) to resolve after everyone has forgotten what was intended at the settlement, or after someone has move away, a file has been destroyed or an attorney has retired. 

At What Age Can a Child Choose the Parent He Wants to Live With?

As an attorney, I am frequently asked by parents the age at which their child can elect where he or she wants to live.  There is a commonly held misconception that upon turning 12 years of age, a child gets to "choose".  However this is not accurate.  Nevada law provides the a judge may consider the wishes of a child only if the child is deemed to be of "sufficient age and maturity" to form an independent decision that is not influenced by either parent. 

The Court has a great deal of discretion is making this determination.  First whether a child is of "sufficient age and maturity" is very subjective and the criteria for evaluating a child's maturity level will vary from judge to judge.  Next, the child's wishes are only one of several factors the court must take into consideration.  Other factors will include the historical roles of the parent, each parents current availability to the child, the particular needs of the child, and the current circumstances of each party.  Additionally, the Court must always take into consideration the overall facts of the case.  The standards the Court uses to evaluate facts are different depending upon whether this is the first determination being made by the court, (such as an initial custody determination at the time of a divorce), or whether this is a subsequent decision made months or even years later. 

Finally I would suggest to parents that you do not want your child to have this decision making authority.  First this puts an inordinate amount of pressure on your child.  Whether your child is 7 or 17, they still look to you, as a parent, to protect them.  Why then would you want your child to assume the emotional burden of choosing between his or her parents.   Moreover as a practical matter -- do you really want to be in a "bidding" war with your former spouse over your child.  Leaving the decision to the child, divest you of authority as a parent.  If it is up to the child to choose, then each time you discipline your child, or set a boundary, you would be at risk of having your son or daughter "choose" to live elsewhere.  This sets up an impossible situation for a parent, and is not in the child's best interest.

Requirements for a Marriage License in Nevada

Applicants must be

• 18 years of age or older
• Not nearer of kin than second cousins or cousins of half blood
• have no living husband or wife
• Social Security Number are required on the Affidavit of Application for Marriage License for all U.S. citizens. 
• Divorced Applicants are required to know the date that their divorce was granted (day/month/year), and the city and state in which the divorce was granted.

The requirements for marriage in Nevada are the same whether you are a U.S. citizen or a non-U.S. citizen.  However, non U.S. citizens should check with their local officials for any special documents that may be needed to ensure that your Nevada marriage will be recognized in your home country.

Note that the fee for a marriage license is $55.00 and can only be paid in cash.