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Stacy Rocheleau Owner of Rocheleau Law Group released Divorce and Child Custody Guide for those who suffering for divorce issues. If you are not able to resolve the issue of custody, support or ...

Stacy Rocheleau Owner of Rocheleau Law Group released Divorce and Child Custody Guide for those who suffering for divorce issues. If you are not able to resolve the issue of custody, support or property, hiring a Divorce Lawyer can help you with contested divorce. Call 702-914-0400

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    Divorce child custody_guide by stacy rocheleau Divorce child custody_guide by stacy rocheleau Document Transcript

    • Divorce& chilDcustoDylegal guiDe tel: 702.914.0400 | FaX: 702.914.0256 www.rocheleaulaw.com
    • The Rocheleau Law Group has successfully represented numerous clients in the areas of divorce, family law, childsupport, and child custody. Known for their tenacious commitment to obtaining the best possible outcome for theirclients, the attorneys at Rocheleau Law Group have earned a reputation as experienced litigators.The goal of this guide is to provide you answers to the most commonly asked questions and general information aboutNevada’s laws regarding divorce, child custody, division of property, division of debts and spousal support. Knowledgeand understanding of your rights during a divorce or child custody proceeding may reduce the stress and costsassociated with your legal matter. For more specific advice regarding your situation please schedule a free consult withour office. Stacy Rocheleau, Esq. Stacy Rocheleau is the principal of Rocheleau Law Group, receiving her undergraduate degree from Whittier College and Juris Doctorate degree from the University of San Diego School of Law. Stacy is a member of the Nevada Bar, has been admitted to practice before the Nevada District Court and 9th Circuit Court of Appeals. Stacy is a member of the Clark County Bar Association, the South Nevada Association of Women’s Attorneys, National Association of Women Business Owners, and named “Who’s Who” by In Business Magazine. Peter James, Esq. Peter has experience representing individuals in all stages of family law litigation, criminal law defense, and personal injury representation. He has handled a wide range of legal matters and drafted numerous appeals, writs and post conviction petitions with the Nevada Supreme Court. Peter is a member in good standing with the State Bar of Nevada, is admitted to practice before all District Courts in the State of Nevada, the U.S. Federal District Court, as well as the 9th Circuit of Appeals. Margaret Pickard, Esq. Margaret Pickard is attorney, educator, author, mother of four, and stepmother of three. She teaches at UNLV, Duke University, UCDavis, and Brigham Young University. Throughout her legal career, Margaret’s primary focus has been to protect the interests of children in divorce. During her time as a family law practitioner, she served as a family court mediator, Special Master, Parent Coordinator and guardian ad litem. Margaret is licensed to practice law in Nevada, California, and Montana. Margaret has introduced classes at UNLV on Divorce and Co-Parenting and currently works as a liaison between UNLV’s Educational Outreach Program and the Family Law Courts. She is the author of Divorce and the Unbroken Circle of Love, as well as several texts on legal issues.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • If asked to move out, should I move and will I lose my right to see the children?Whether you should move out of your residence depends on a number of factors, some of which includes your finances,and whether you feel its necessary to preserve your safety. If you choose to move this should not have any impact onyour right to see your child(ren). A parent cannot deny you visitation with the child(ren) simply because you move out.Unless your moving was due to a domestic violence situation, your decision to move should play a minimal role in theultimate custody or visitation decision of the Court. If you decide to move make certain that you continue visitation withthe child(ren). Moving out and not visiting with your child(ren) may have a larger impact on your future visitation rights.My spouse was unfaithful. Will this have an effect on child custody?Nevada is a no fault state and unless a parent’s extra-marital relationship or life style is dangerous or negatively impactsthe child’s well-being, an affair is typically irrelevant when deciding the custody of the child(ren).How does the Court decide child custody?Parents are mandated to attend mediation to negotiate a parenting plan which should specify in detail how the parentswill share their time with the child(ren) and their responsibilities of raising them after divorce. If you and your spousecannot agree on the physical custody arrangement of your child(ren), the Family Court will make that determination foryou.In determining custody of a minor child(ren) the sole consideration of the Court is the "best interest of the child". Thepolicy of Nevada is to advance the childs best interest by ensuring that after divorce or separation the minor child(ren)have frequent associations and a continuing relationship with both parents as equally as possible.The underlying goal of this policy is to encourage both parents to continue to equally share the rights and responsibili-ties of child rearing. In cases where a or joint physical arrangement of the child(ren) is not possible, the Court will makea decision on who will have primary physical custody of the child(ren).In making this decision the Court will analyze a number of factors such as the ability of each parent to raise thechild(ren), whose parent’s household would be a more stable environment for the child(ren) to primarily reside in, andeach parent’s ability to co-parent with the other parent. Both spouses may be required to submit to an evaluation andthe Court may also order a child(ren) interview as a part of its’ decision making process.Can I relocate with my child out of Nevada?A parent may relocate outside of Nevada with the minor child(ren) if he or she obtains written consent from the otherparent. If the other parent refuses to give such consent, then the parent must petition the Court for permission to move.Moving with the child(ren) without obtaining either written consent from the other parent or permission from the Court willhave grave consequences on the custody of your child(ren). The other parent may file kidnapping charges and you maybe ordered by the Nevada Courts to return the child(ren) to Nevada.If you are filing a petition in Court to relocate you should plan your move accordingly. It may take anywhere from six tonine months for a Court to decide on your petition to relocate because almost all petitions for relocation are decided viaan evidentiary hearing.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • Is It true whichever spouse makes more money usually gets custody?Custody is based upon the best interest of the child(ren). The inability of a party to keep a job may indicate somethingabout that persons stability, but if money is the only difference the Court can simply divert funds from one parent to theother. See the child custody section for more information and a list of factors that Courts may look at in making acustody decision.How do I collect unpaid child support?There are two ways to collect unpaid child support owed to you; 1) You may open a case with the District Attorney’s (DA)office or 2) You may file a motion in Family Court. The Court will reduce the unpaid child support amount to a judgmentagainst the obligor, upon which you can collect.The DA’s office is the official enforcement agency for collecting unpaid child support payments and will take actions tocalculate the amount owed, find the obligor, request payment and forward a wage garnishment order to the obligor’semployer, intercept the obligor’s income tax refund or levy his/her bank accounts if necessary.Be aware it may take months for the DA to start collecting on the debt if the obligor disputes the amount owed andrequests a hearing with the Court. Filing a motion directly with the Family Court may reduce the time on your judgment.After you obtain a judgment from the Court, you may retain an attorney to collect on your judgment, or you may collecton your judgment yourself.Can I or the children stay on my ex-spouse’s health insurance plan?If there are minor child(ren), a Court may not grant a decree of divorce without providing for health care for the minorchild(ren). In the absence of extraordinary circumstances, parents typically equally divide medical expenses for theminor child(ren).In most instances an employer will allow the child(ren) to stay on insurance plan but will not allow the ex-spouse to stayenrolled, and the ex-spouse must seek his or her own insurance coverage.COBRA laws may provide a right to keep health coverage on an ex-spouse for a period of time at your expense. Youshould check the employers Human Resources department for more information regarding your COBRA rights.Can I make my spouse move out of the house before the divorce is final?If you experience any kind of abuse or domestic violence from your spouse, or if you believe that you are in imminentdanger, you should take appropriate steps to protect yourself and obtain a restraining order against your spouse as soonas possible. If such restraining order is approved by the Court, your spouse may be ordered to move out of theresidence.In absence of danger, domestic violence or abuse, and if both spouses own the marital residence or if the spouses arejointly responsible for the payment on a lease, the Court may not grant any requests for exclusive possession of themarital residence before the divorce is final.How does a Court divide retirement accounts and pension benefits?Under Nevada law, each spouse is entitled to one half of the community interest of the other spouse’s pension orretirement benefits. The Court will implement a formula to calculate the value of the community interest of the spouse’sretirement and pension benefits.
    • According to this formula, the community interest of each spouse in such benefits starts accruing from the date of themarriage and ends on the date of the divorce. Once the Court calculates the exact value of the community interest inthose benefit plans, it will divide it equally between the parties.In situations where both spouses have maintained their own retirement or pension benefit plans throughout the marriage,and if the values are approximately equal, the spouses may agree to each keep their own benefits upon divorce andforego their share of community interest of the other spouse’s retirement or pension plans.When divorced, who pays the debts like credit cards and student loans?Generally, any debt that either party has accumulated before the marriage is considered “separate debt” and the Courtmay not hold the other spouse responsible for the separate debt.Debt that a married couple accumulates after the date of marriage is considered “community debt” and the Court willorder both parties to pay it equally, unless there are circumstances where one party may prove that some or all debtshave not been accumulated on behalf of the community. In those instances the Court has the discretion to make anunequal disposition of this community debt even if it was accumulated after the parties got married.How much spousal support (or alimony) will I pay or receive?The Court has the discretion to award "just and equitable" alimony to either spouse. There is no exact formula underNevada law to calculate a certain award of spousal support. The Court is obligated to analyze a range of factors whensetting an alimony award.Common factors weighing into this analysis are the length of the marriage, the need of the spouse requesting alimonyand the financial ability of the other spouse to pay such alimony.Can I represent myself?You can always represent yourself. However, self representation is unwise because the emotions of the situation cloudjudgment and thinking of even the most brilliant legal minds.Even attorneys hire attorneys to represent them. There is truth to the old adage “a person who represents himself has afool for a client.”How much will a divorce cost?The cost of your divorce is highly dependant on the complexity of your case. The best way to determine an estimatedcost range is to schedule a consultation with an attorney.At the consultation, be prepared to discuss past events leading up to the divorce, as well as concerns and goals for therepresentation. After assessing your case, the attorney will help you complete a litigation budget. The budget helpsprepare for the cost of your divorce action. Keep in mind that cheapest is not always the best and you often get whatyou pay for.Can I have my attorney’s fees reimbursed by my ex-spouse?There are several laws and Nevada statutes which authorize judges to award attorney’s fees to either party. Theseawards can be made during the litigation or at the completion of the trial.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • The divorce process is started by the filing of a “Complaint” for divorce. The Complaint is the legal documentationexplaining the reasons you are seeking divorce and is needed to start the legal process. Either you or your spouse mustreside in Nevada for the six weeks prior to filing for divorce. There is no advantage to filing first, but the first to file mustpersonally serve the Court documents on the other spouse.Nevada is a “no-fault” divorce state, which means all the Complaint has to say is you can’t get along together and neverwill. This is what is legally known as “Irreconcilable Differences.” You are also eligible to file for divorce if your spousewas legally insane for the past two years or if you and your spouse lived separate and apart for more than one year. It isnot necessary to allege or prove adultery, mental cruelty or physical abuse to obtain a divorce in Nevada.After receiving the Complaint for divorce, the other spouse has 20 days to file an “Answer” with the Court. An Answer issimply a response to the Complaint. Once the Answer is filed, if the parties have minor child(ren), they must attendmediation through the Family Mediation Center (FMC) to devise a weekly timeshare of the child(ren) as well as decideon who will have the minor child(ren) on which holidays.The purpose of mediation is to develop a parenting plan specifying legal custody, physical custody, and visitation issues.Any issues that are not agreed upon will be decided by the judge at trial. With minor child(ren), you must also attend aCo-Parenting Class (COPE) which is designed to help both parties deal with the changes in the family structure and theirimpact on child(ren).After the Answer is filed, you and your spouse must voluntarily exchange every document that could be relevant to yourdivorce and discuss everything to see if any issues can be resolved. The Court will schedule a Case ManagementConference (CMC) to ask about your attempts at resolution and to set a date for an evidentiary hearing, also called atrial, on any remaining issues.While the divorce is pending you may ask the Court to order child support, attorney fees, alimony or custody. Theseorders are known as “Temporary Orders”. Temporary Orders may be necessary because there are decisions regard-ing child support, alimony, attorney’s fees, possessions of the home, and custody of the child(ren) that cannot wait fortrial. At the evidentiary hearing the Court may make a final ruling that is contrary to the temporary order, based upon theevidence presented.If there is information or documents that you need to get from someone else or your spouse then you may conduct“Discovery”. Discovery will consist of 1) Interrogatories - which are written questions to be answered under oath2) Requests for Production of Documents - requesting the other party to provide you with needed documents such asbank records or pay stubs 3) Request for Admissions - which are specific questions that the other party must admit ordeny 4) Depositions - which is an interview where verbal questions are answered under oath.You do not have to go to trial if you and your spouse can reach an agreement on all issues. If there are issues that youcannot agree on then you and your spouse will proceed to trial and a judge will make the final decision. At trail you andyour attorney will present documents and have witnesses testify. The other spouse will do the same. The judge willthen make a final ruling and grant the divorce.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • Complaint, Summons & Divorce Process Flowchart Joint Preliminary Injunction filed with Clerk of Court. File FinancialDisclosure Form Hearing on File motion for temporaryTemporary Orders orders; Residence, Custody and Support. No Default Issued Answer Filed? & Decree Entered (20 Days) Yes Yes Family Mediation Center. Attend COPE Custody Issue? Purpose is to create a Class. Certificate parenting plan. Needed No Case Management Conference (90 Days) Settlement. Decree Entered File Amended FDF Discovery; Depositions, Documents, Admissions (120 Days) Settlement. Decree Entered Trial Decree Entered (180 Days) Rocheleau Law Group (702) 914-0400 www.rocheleaulaw.com Legal Information Disclaimer - The chart and time frames provides are to provide understanding of a “typical” divorce or post decree matter. This is chart will not apply to all matters, may contain errors and should not be considered as legal advice. We highly recommend you to consult a lawyer for information in your particular situation. Rocheleau Law Group 2010 Copyright. All rights Reserved
    • Post Decree or Post Decree Process Flowchart Post Order Motion Filed No Without Opposition Opposition Filed? (10 Days) & Order Entered Yes Motion Denied No Changes to Decree or Motion Hearing Prior Order (45 Days) Evidentiary Hearing Discovery; Depositions, Documents, Admissions (120 Days) Settlement. Order Entered. Trial Order Entered (180 Days)Rocheleau Law Group(702) 914-0400www.rocheleaulaw.comLegal Information Disclaimer - The chart and time frames provides are to provide understanding of a “typical” divorce or post decree matter. This ischart will not apply to all matters, may contain errors and should not be considered as legal advice. We highly recommend you to consult a lawyer forinformation in your particular situation. Rocheleau Law Group 2010 Copyright. All rights Reserved
    • Child custody involves two separate concepts: legal custody and physical custody. Legal custody is often confused withphysical custody, but it is important to know the difference. Physical custody is where the child(ren) resides, whereaslegal custody involves having basic legal responsibility for a child(ren) and making major decisions regarding thechild(ren), including the child’s health, education, and religious upbringing.Legal CustodySole legal custody gives this right with one parent, while joint legal custody gives this right to both parents. Joint legalcustody requires that the parents be able to cooperate, communicate, and compromise to act in the best interest of thechild(ren). In a joint legal custody situation, the parents must consult with each other to make major decisions regardingthe child’s upbringing, while the parent with whom the child(ren) is residing with at the time usually makes minor day today decisions.Joint legal custody can exist regardless of the physical custody arrangements of the parties. Also, the parents need nothave equal decision making power in a joint legal custody situation. For example, one parent may have sole decisionmaking authority regarding the child’s education and the other spouse makes decisions regarding healthcare. If theparents in a joint legal custody situation reach an impasse and are unable to agree on a decision, then the parties mayhave the Court decide what is in the best interest of the child(ren).Physical CustodyPhysical custody involves the time that a child(ren) physically spends in the care of a parent. During this time, thechild(ren) resides with the parent and that parent provides supervision for the child(ren) and makes the day to daydecisions regarding the child(ren). Parents can share joint physical custody, or one parent may have primary physicalcustody and the other parent may have visitation rights.In determining custody of a minor child(ren) the sole consideration of the Court is the “best interest of the child”. Thepolicy of Nevada is to advance the child’s best interest by ensuring that after divorce minor child(ren) have frequentassociations and continuing relationships with both parents and to encourage parents to share the rights and responsi-bilities of child rearing.To further this policy, the Nevada Legislature adopted the laws to educate and encourage parents regarding jointcustody arrangements. The laws encourage parents to cooperate and work out a custody arrangement before going toCourt. The purpose is to ensure the healthiest psychological arrangement for child(ren) and minimize the adversarial“winner take all” approach to custody disputes.If you and your spouse cannot agree which parent should have custody of the minor child(ren) the Court will make thatdecision for your by analyzing what is in the “best interest of the child”, taking into account the ability of each spouse toraise the child(ren), what would be the most stable environment for the child(ren) and other factors. Both spouses maybe required to submit to an evaluation to determine these factors.The physical custody arrangement is legally important for three reasons. First, it determines the standard for modifyingphysical custody. Second, it impacts the procedure if a parent wants to move out of state with the child(ren). Third, thephysical custody arrangement affects the child(ren) support award. These rules are complex and constantly changingand it is wise to seek legal counsel on custody issues.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • Differences Between Primary Physical Custody and Joint Physical CustodyPrimary physical custody is where the parties have agreed or the Court has decided that one spouse will maintainphysical custody of the child(ren) in excess of 40% of the time.Joint physical custody is awarding custody of the minor child(ren) to both parents and providing that physical custodyshall be shared by the parents in such a way to ensure the child(ren) have frequent associations and a continuingrelationship with both parents.Joint physical custody does not include divided or alternating custody, where each parent acts as a sole custodial parentat different times. And does not include split custody, where one parent is awarded sole custody of one or more of thechild(ren) and the other parent is awarded sole custody of one or more of the child(ren).Parents do not need to have exactly equal timeshare to have joint physical custody, and it is often difficult to do so, giventhe variations inherent in child rearing, such as school schedules, sports, vacations, and parents’ work schedules. Aslong as each parent has provided supervision of the child(ren), the child(ren) resided with the party, or the parent madeday to day decisions regarding the child(ren) in excess of 40% of the days over the course of a year then you have jointphysical custody.Regardless of the label placed on the custodial arrangement in the divorce decree or other documents, if a parent doesnot have physical custody of the child(ren) in excess of 40% of the time, then the arrangement will be labeled primaryphysical custody with visitation, and the Court will use that label to determine the standard if one parent wants to modifyphysical custody, move out of state with the child(ren) or determine child support.Can Custody Be Changed?Nevada Courts believe that changing custody can be a traumatic experience for child(ren) and are reluctant to changecustody orders. If the parties have joint physical custody the arrangement can be modified if it is in the child’s bestinterest.Where one party has primary physical custody, the arrangement can only be changed if it meets a tougher two prongtest; (1) there has been a substantial change in circumstances affecting the welfare of the child, and (2) the childs bestinterest is served by the modification. Under this revised test, the party seeking a modification of custody bears theburden of satisfying both prongs.The additional requirement of “substantial change in circumstances” prevents parties from filing immediate, repetitive,and serial motions until the right circumstances or the “right” judge allows them to achieve a different result.Can You Relocate To Another State With The Child?A parent may relocate outside the state if they obtain the written consent of the other parent to move outside of the state.If the other parent refuses, then the parent wanting to move with the child(ren) may petition the Court for permission tomove.When determining whether a parent may move outside the state with the child(ren), the Court looks first to whether themove will produce an actual advantage for the child(ren):1) Will the move improve the quality of life for the child(ren)?2) Are the custodial parents objectives in moving honorable?3) If allowed to move will the noncustodial parent be able to maintain a visitation schedule to preserve the parental relationship?
    • Parents have a equal duty and an obligation to pay for the support of their children. Child support laws are applicable toall parents, whether or not the parents were married. Child support must last until the child reaches 18 if no longer inhigh school or 19 if the child is enrolled into high school, unless the parties agree to a longer period of time. Parents of ahandicap child may be required to support the child beyond the age of majority until the child is no longer handicapped orbecomes self supporting.How Is Child Support Calculated?Calculation of child support is based a percentage of gross monthly income and depends if the parties have jointphysical custody or if one parent has primary physical custody. There is a minimum and a maximum amount. Theminimum amount per child is $100 per month and the maximum per child depends on the paying spouse’s income andadjusts each year. (See Chart Below)Where one party has primary physical custody and the other has visitation rights, the statutory percentage is appliedto the payor parent’s gross monthly income. The noncustodial parent pays this amount to the custodial parent.The statutory formula for computing child support obligations is:One Child ………….18% of gross monthly incomeTwo Children……….25% of gross monthly incomeThree Children……..29% of gross monthly incomeFour Children………31% of gross monthly incomeAn additional 2% for each child thereafterThere are factors a Court may use to deviate from the percentage such as standard of living, circumstances of theparents, earning capacity of the parents, relative income of both parents, the cost of health care and child care, publicassistance paid to support the child(ren), and necessary expenses for the benefit of the child(ren).In cases where the parties have joint physical custody, child support is calculated based on both parents’ gross monthlyincomes. Each parent is obligated to pay a percentage of their income, according to the number of children, as statedabove. The difference between the two support amounts is calculated, and the higher income parent is obligated to paythe lower income parent the difference.After calculating child support based upon the percentage, the Court will reduce the amount if it exceeds the maximumper child. To figure the maximum per month per child, first determine which range the parents gross monthly incomefalls into. This will dictate the maximum amount the parent may be required to pay per month per child.For the period from July 1, 2011- June 30, 2012 the maximum ranges and amounts are as follows. This schedulechanges yearly.Income Range Maximum Per Child$0 - $4,235 ……………………………….............. $630$4,235 - $6,351…………………………................ $693$6,351 - $8,467 ……........................................... $758$8,467 - $10,585 …………………….............…… $819$10,585 - $12,701…………………….............….. $883$12,701 - $14,816 ……………………….............. $945$14,816 - No Limit……………………….............. $1,101Can The Amount of Child Support Be Changed?A review can be requested if three years have passed since the order for support was entered, or at any time on thebasis of changed circumstances. For the Court to consider a change in support amount there must be a 20% differencein income and modifying the amount is in the best interest of the child.
    • Nevada Courts are authorized to award spousal support (referred to as alimony) to either spouse. The amount ofspousal support, if any, may be a lump sum or payments for a specified time frame. The Court has been given greatlatitude and discretion in determining a just and equitable amount.The basis or grounds for which Nevada Courts have ruled in favor of alimony and the amount of alimony have beenextremely situational and varies from case to case. Each judge uses their own discretion after analyzing the need of theperson requesting the award against the ability of the other spouse to pay.Some of the issues a judge may consider are: Duration of the marriage The income and earning ability of each spouse The current financial condition of each spouse The contribution of either spouse as homemaker during the marriage Whether a spouse has obtained greater job skills or education during the marriageEnforcement of alimony may be an issue. The payee spouse has the same remedies available to him or her for thecollection of any other debt and may petition the Court for nonpayment of alimony. If the payor spouse is found to be incontempt for failure to pay alimony the payor spouse may be held in contempt of Court and in some extreme cases maybe imprisoned.The major distinction when dividing property is determining “Community Property” and “Separate property.” CommunityProperty is generally defined as all property acquired after marriage by either husband or wife, or both. SeparateProperty is property owned before marriage or that was acquired afterwards by gift, descent or an award of personalinjury damages.The community shall receive a fair share of the profits from any business owned during a marriage. If a spouse owneda business before the marriage then the growth or profits of the business during the marriage shall be consideredcommunity property. It should be noted that retirement accounts like a 401(k), IRA or pension are considered commu-nity property to the extent contributed to during the marriage.When all property has been classified as “Community Property” or “Separate Property” the Court will generally awareeach party 100% of their separate property and 50% of community property.Nevada Courts have established that the labor and skills of a spouse are considered to be a community asset and thatincome generated during the marriage from such labors and skills is considered community property.Legal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • Nevada Legal Services(702) 386-0404 www.nlslaw.netNevada Legal Services, Inc. (NLS) is a non-profit organization providing free legal services to low income Nevadans.NLS is a state wide organization assisting every county in Nevada.Legal Aid Center of Southern Nevada(702) 386-1070 www.lacsn.orgThe mission of the Legal Aid Center of Southern Nevada is the provide quality legal counsel, advice and representationfor individuals who are unable to protect their rights because they cannot afford an attorney.Child Protective Services (CPS)702) 399-0081Investigates reports of child abuse and neglect in your community. In Clark County, CPS is part of the Clark CountyDepartment of Family Services.Parenting Project(702) 455-5295The Parenting Project offers a series of free programs to help parents be more effective in raising their children. The fol-lowing programs are offered at various locations throughout Clark County.Website ResourcesSelf Help Center - http://www.clarkcountycourts.us/shc/Divorce/self_help_choose.htmNevada Divorce Statutes - http://search.leg.state.nv.us/isysquery/irlc5d2/1/docNevada Divorce Forms - http://lawlibrary.nevadajudiciary.us/forms/standardizeddivorceforms.phpSupport GroupsHallelujah Christian Church800 North Rancho Drive Las Vegas , Nevada 89106 Phone: 702-646-7332 Contact: Ms. Laura LangCommunity Lutheran Church - Divorced & Widowed Adjustment3720 E. Tropicana Ave. Las Vegas, Nevada 89121 Phone: 702-735-5544 Contact: Mr. Park BakerNew Song Church1291 Cornet St., Henderson, NV 89052 Phone 702-492-1771 Contact: Pastor MartaRocheleau Law GroupFree Telephone Consult - (702) 914-0400Website & Information - rocheleaulaw.comLegal DisclaimerThis guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the informationcontained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. Theanswers here are general in nature. Please consult with an attorney for legal advice on your situation.Copyright 2011 Rocheleau Law Group. All Rights Reserved
    • the rocheleau law group has aggressively and successfully represented numerous clients in the areas of divorce, child custody, child support and family law. known for their tenacious commitment to obtaining the best possible outcome for their clients, the attorneys at rocheleau law group have earned a reputation as experienced litigators.call 702.914.0400 to schedule a consultation with the rocheleau law group.Copyright 2011 Rocheleau Law Group. All Rights Reserved.