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Don’t go to court alone in a divorce

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January 24, 2020 By Leavitt Law Firm

Everyone has likely heard horror stories about divorces ranging from custody battles to bitter fights over the marital home, retirement funds, or even the family dog.

Ben Leavitt, an attorney at Leavitt Law Firm, said there are several things to consider in a divorce and hiring an attorney can be advantageous during this difficult process. Five of the most important divorce considerations include: the children (i.e. a potential custody battle), child-support, assets and/or debts, alimony, and attorneys’ fees.

“If you are getting divorced and have children, you should consult an attorney,” Leavitt said. “Nevada’s preference is for joint physical custody. If one parent receives primary physical custody, it makes it easier for them to relocate out-of-state and affects child support payments. Another common mistake we see from do-it-yourself divorces is that any custody arrangement that gives one parent less than 40 percent of the time with a parent is not a joint custody agreement.

“Also, many younger working people have student debt,” he added. “Depending upon when this debt was incurred, it could be divided in the divorce.”

Even when children aren’t involved, the division of assets from a long or short-term marriage still need to be considered, sometimes even when a pre-nuptial agreement is involved.

“Judges will equally divide all assets and debts unless equitable considerations provide otherwise,” Leavitt said. “For example, if one spouse commits marital waste, such as excessive gambling, spending thousands on an affair, etc., then “equity” would require an uneven division of assets and debts.”
 


Leavitt noted that certain separate property assets, if they remained separate during the marriage, will not be divided equally in a divorce. These can include gifts, inheritances, property acquired before the marriage, and more. But, it depends upon how the separate property was used during the marriage.

“Older adults (or anyone with retirement accounts contributed to during their marriage) getting divorced must face the prospect of dividing their pension or 401k,” Leavitt said. “If part of the retirement account was earned before the marriage and part during the marriage, then a complex formula is used to determine how much of your retirement account goes to the other spouse.”

The attorneys at Leavitt Law Firm aren’t going to sugar-coat the divorce process, but also don’t want to create a bitter feud when it isn’t necessary.

“We will be honest with you, whether you like the truth or not,” Leavitt said. “If you hire Leavitt Law Firm for your divorce, we will always have an eye on resolving conflicts, not creating them. We are a family-operated firm and understand how important your family is to you.

“We understand that hotly-contested hearings in front of a judge aren’t always the best approach,” he added. “Depending upon the case, we may play peacemaker. But, when necessary, we are that pitbull you want in your corner to help protect your family.”


This article was presented and sponsored by the Leavitt Law Firm. For more information visit their website or call (702) 996-6052.


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