You Are Here: Home » Blog » Divorce

Posts Tagged ‘Divorce’

26
Feb 2013
Posted by bethluna
0 comments

Facebook Is Not Your Friend

Facebook is not your friend when it comes to child custody, divorce and family law matters. Nevada custody and divorce cases often involve evidence that has been obtained from Facebook.com.   Although the Luna Law Firm cautions clients to avoid disclosing information on Facebook during litigation, it isn’t uncommon for photos, newsfeeds or other information to be presented in court. This could include the behavior of a parent, information related to the waste of assets, and embarrassing photos posted by friends.

It is becoming a more widely recognized issue that the information you post on Facebook can be damaging. Recently, while listening to NPR in Reno, Nevada, I overheard a piece on employers firing employees over Facebook posts. In some cases prospective employers are even researching applicant’s Facebook pages prior to hiring. It is clear that Facebook is becoming a common tool for learning more about employees, job applicants and yes, even your former spouse and/or child’s parent.

Your child custody and/or divorce case can have a significant impact on your custodial rights and your life going forward following the case.  The last thing you or your attorney want is for damaging information posted in a public space such as Facebook to be discovered by the opposing party.

If I could urge one rule regarding Facebook, it is don’t open an account if you don’t already have one during your case. If you do have an account, avoid posting photos, comments or even liking items you might regret.  You should carefully monitor your account and ensure that friends and family members don’t post comments or photos that are damaging to your case. You should set your privacy settings to prevent posting without your approval.

Often clients tell me their Facebook page is private.  While you may have privacy settings set high, the friends on your page sometimes do reveal your information to the opposing party. It is best to assume that everything you place on that page will be reported to the opposing party in your case. You should also change your password no matter how certain you are that the other side may not have it.  Simply put, caution is the best policy.

For more information including NPR pieces on the subject of Facebook, please see

http://www.npr.org/blogs/alltechconsidered/2012/03/21/149095385/a-job-at-what-cost-when-employers-log-in-to-dig-in

http://www.npr.org/2013/01/10/169029734/companies-invest-in-new-employees-corporate-watchdogs

–

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-686-2490 to schedule a consultation to discuss your Nevada family law matter.

Posted in: Miscellaneous

03
Aug 2011
Posted by bethluna
0 comments

Annulment in Nevada

Frequently, individuals inquire about obtaining an annulment in Nevada.  In some cases, annulment is possible even for individuals not living in the State of Nevada.  In order to file for an annulment, the Court must have jurisdiction over the marriage.  The Court may take jurisdiction if one of the parties has been a resident of the State of Nevada for a period of six weeks prior to filing or if the parties were married in Nevada.  NRS 125.370.  A divorce cannot be granted unless one of the parties is a resident of Nevada; however, in cases of annulment, the Court can grant an annulment if the parties were simply married in the state regardless of residency.  NRS 125.360.

To qualify for an annulment, you must meet the criteria for filing an annulment.  This typically means the marriage is either void or voidable.  A void marriage is one in which the parties are related too closely by blood or one of the parties was married to someone else at the time of the marriage.  NRS 125.290.

A voidable marriage includes the following type of marriages as set out in NRS 125.320-NRS 125.350.

  • Any marriage entered into by a minor without required consent of a parent or guardian as long as the annulment is requested prior to one year following the 18th birthday.  NRS 125.320.
  • A marriage entered into without a want of understanding.  NRS 125.330.
  • A marriage entered into where the consent of one party was obtained by fraud.  If after discovering the fraud the individual continues to co-habitat as a married couple, this basis is waived. NRS 125.340.
  • A marriage may be annulled for any basis that a contract would be void in equity. NRS 125.350.

If you believe you qualify for an annulment in Nevada, it is advised that you contact an attorney to discuss the basis for the annulment and if you qualify.  This should be done as soon as you believe that an annulment is appropriate, as there are some time lines related to the qualifications.  If you don’t qualify for an annulment and you are a resident of the State of Nevada, you can obtain a divorce.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

Please be advised that the above post or any other post on this website  is not meant to be legal advice or create an attorney-client relationship with Luna Law Firm, PC. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490.  View our weekly legal articles by The Luna Law Firm – Family Law Blog.  View a full listing of The Luna Law Firm Areas of Practice.

View a full listing of our Areas of Practice

Contact the Luna Law Firm today to at (775) 686-2490 to schedule a consultation to discuss your Nevada family law matter.

View our weekly legal articles on The Luna Law Firm – Family Law Blog

Posted in: Annulment

11
May 2011
Posted by bethluna
0 comments

Five Ways To Aid In Preparing For Your Nevada Child Custody Or Divorce Case For Trial

A careful, detailed preparation for a child custody or divorce case for trial is a very important part of successfully presenting your case to the Judge.  While your attorney will handle most preparation work, your ability to participate and contribute to the process and more importantly provide the right information and evidence is vital to be fully prepared for trial.  We provide the following tips to our clients prior to their child custody or divorce trial.

1.  Do not wait until the last minute to provide evidence or the names of witnesses.  Most cases require that evidence and/or witnesses be presented a number of days prior to trial. Failing to comply with those deadlines can result in your witness or evidence being excluded.  In other words, don’t wait to the last minute to share that information with your attorney.  The sooner you provide it the better.  In Nevada, Nevada Rules of Civil Procedure 16.2 requires that in an initial child custody or divorce case, that evidence and names of witnesses must be produced within 45 days of service.  It must also be updated throughout the case.  The final date for providing this information is according to the rule thirty (30) days before trial.

2.  Provide complete information on any witness.  Information on witnesses should include their first and last name, address and telephone number.  In addition, you should also let your attorney know the relationship the person has to the parties, a brief summary of what they know that relates to your case, and if the witness is a friendly witness or not.

3.  Provide evidence in an organized manner and with all critical information included.  Simply providing documents and evidence to your attorney in an organized manner may actually help lower the cost of your case.  This prevents law firm staff from having to spend extra hours organizing your case information.  Make sure that any document you provide includes all the pages, is not altered in anyway, and does not contain unnecessary handwritten notes.  Photos should be clear and free from alterations.   Make sure you and your attorney have discussed what evidence is important and that you both understand what is to be provided.

4.  If you are not sure if it is important, ask.  Often clients will assume certain details, evidence or witnesses are not important.  Do not assume.  Ask your attorney if those items will be of assistance so that you can both discuss it and determine the true importance of the information.  Not every piece of evidence needs to be admitted, but you should allow the attorney to review it and make that decision.

5.  If you are aware of negative evidence against you, tell your attorney.  The best way to deal with negative witnesses or evidence is to make sure your attorney knows.  This allows the two of you to develop the best way to address the known issues.  It is difficult for your attorney in the courtroom, caught in a surprise, to make the best out of the negative item.  If you know such an issue beforehand, discuss it and prepare to address it beforehand.

These are just a few ways to add value to the preparation process and help insure your counsel has all the tools needed to make an effective case.  This is not an all-inclusive list and you should discuss with your individual attorney how to best provide assistance and information for an effective trial.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles child custody matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice or create an attorney-client relationship with the Luna Law Firm, PC. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice

Contact the Luna Law Firm today 775-686-2490 to schedule a consultation to discuss your Nevada family law matter.

Posted in: Divorce

22
Mar 2011
Posted by bethluna
0 comments

Children’s Birthday’s In Divorce And Child Custody Cases

Divorce and child custody matters in general often address holidays, time sharing and vacations with children.  You should be sure to remember to address your child(ren)’s birthday in addition to the other holidays and discuss your options with your child custody or divorce attorney.  In my practice in Nevada, my clients have opted to handle the children’s birthdays in a number of ways.  Common methods have included alternating the child’s birthday in even and odd years, splitting the day in half, and even sharing the day together.

Understand that sharing important days in your child’s life is part of co-parenting.  There will be graduations, weddings, and other events that both of you will most likely be attending.  Birthdays are a good opportunity to work on supporting your child and having a good relationship with the other parent for other events at an early age.  If it is possible, consider sharing the birthday and having a joint birthday party, or invite the other parent, which includes the child’s immediate family members and friends.  Most children love having both parents present and this will afford such an opportunity.

A joint birthday party only works if you can be nice to one another and not argue openly in front of your child and your guests.  If there are issues of domestic violence or abuse, a joint party or inviting the other parent may not be appropriate. Take these things into consideration prior to planning the party and including the other parent.  Children’s birthday parties are about your children and should be focused on their best interest.  So, include the other parent if appropriate.

It is probably best to have the party in a neutral setting.  A neutral spot is not your home but a public place.  Reno, Nevada has a number of fun public venues that you can consider such as parks, The Playroom, Pump It Up, the Playful Potter and other fun venues in the Reno/Spark area.

You should include other family members such as the paternal and maternal grandparents.  This is assuming that everyone can maintain a civil relationship.  Again, if there are issues of abuse or concerns that an argument could erupt publically, these may not be the best guests.  Exercise your own judgment and caution, but if possible include those family members special to your child.

Consider getting input from the other parent on items such as the cake, a joint present or other details associated with the party.  By just including the other parent, you are reaching out and giving yourselves an opportunity to perhaps have a positive interaction.  Even if you don’t agree with a suggestion from the other parent, let them know you appreciate their input.

Most of all, have fun.  Birthdays are special days and should be a time to celebrate.  Know that by including the other parent, your child’s day may be extra special, especially if it is an opportunity to see you and the other parent working together and getting along.

This article is not meant to all inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you have been subpoenaed as a witness in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles child custody matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice or create an attorney-client relationship with the Luna Law Firm, PC. If you are interested in retaining counsel, we are happy to set a consultation by calling 775-686-2490.  View our weekly legal articles by The Luna Law Firm – Family Law Blog

View a full listing of The Luna Law Firm Areas of Practice

Contact the Luna Law Firm today 775-686-2490 to schedule a consultation to discuss your Nevada family law matter.

View our weekly legal articles on The Luna Law Firm – Family Law Blog

Posted in: Divorce

08
Feb 2011
Posted by Steve
0 comments

Understanding Attorney Retainer Agreements

Whether you are hiring an attorney for a divorce, child custody matter or other family law matter in Nevada, you are likely to be asked to provide a retainer prior to the attorney starting work on your case. Retainers are money given to an attorney and held in trust, deposited into a special bank account called a Trust Account. The attorney then bills against your retainer as work is completed in your case. The money held in trust technically belongs to you, the client, until work is billed. Once work is billed, funds are usually transferred from trust to the attorney’s operating account. Thus, if your case ends or you switch attorneys and still have a retainer in trust, that money must be returned to you or transferred to your new attorney.

The retainer you are quoted may not necessarily cover the entire cost of your case. If the retainer is depleted, your attorney may ask you to replenish and pay any balance that is owed. When hiring an attorney, you should always inquire about his or her policies for replenishing retainers and interest charged on outstanding balances. This information should also be clear in the retainer agreement between you and your attorney.

When you hire an attorney, be sure you understand the agreement, the costs associated with the case and the expectations on your retainer. As with any divorce or child custody case, we recommend that you obtain advice from counsel in the jurisdiction where your case is filed about your specific issues. K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area.

This post is not meant to be legal advice. If you are interested in retaining counsel, we are happy to set a consultation. The Luna Law Firm provides legal representation in divorce, child custody, visitation, and other family law matters in the Reno, Nevada, Carson City, Nevada and surrounding areas.

Consultations may be set by calling 775-686-2490. Please visit our Web site to view our Areas of Practice. View our weekly legal articles for The Luna Law Firm – Reno Family Law Blog

Posted in: Miscellaneous

04
Feb 2011
Posted by Steve
0 comments

Child Custody Factors Considered In Nevada To Determine An Initial Custody Action

Nevada has set factors that the Court shall utilize in determining custody of children in an initial action pursuant to NRS 125.480. These factors are important to know as you consider pursuing custody of your child when living in Nevada. These factors provide guidance on what the court will consider when making custody determinations and can give some indication as to whether or not you have a strong custody case.

The factors are as follows:

(a) The wishes of the child if of sufficient age and capacity
(b) Any nomination by a parent or guardian for the child
(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the non-custodial parent
(d) The level of conflict between the parents
(e) The ability of the parents to cooperate to meet the needs of the child
(f) The mental and physical health of the parents
(g) The physical, developmental and emotional needs of the child
(h) The nature of the relationship of the child with each parent
(i) The ability of the child to maintain a relationship with any sibling
(k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.

NRS 125.480(4)(a)-(k).

It is important when preparing to file for custody or if you are currently involved in a child custody case in Nevada to discuss these factors with your counsel based upon the facts and evidence in your case. These factors are utilized in an initial custody action as well as in a modification case; however modification cases require an additional burden of proof in Nevada and is not limited to just the above factors.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles child custody matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. Please visit our Web site to view our Areas of Practice. View our weekly legal articles by The Luna Law Firm – Family Law Blog

About The Luna Law Firm

Posted in: Child Custody

02
Feb 2011
Posted by Steve
0 comments

The Children’s Bill of Rights

I recently ran across the Children’s Bill of Rights as published in the The Complete Idiot’s Guide to Surviving Divorce, 3rd edition. (http://www.amazon.com/gp/product/1592574149).  It is important when divorcing and children are involved to really consider matters of custody, visitation and the divorce itself from the child’s point of view.   While divorce is hard on parents, it is easy to forget that children are truly the ones stuck in the middle.  This list seems to take into consideration the issues that children face during a divorce.  I encourage parents to read the list and consider these items in dealing with the other parent and their children.

By sticking to these do’s and don’ts, you not only place your children first but also assist your custody case by showing the Court that the focus on the best interest of the children.

Children of Divorce’s Bill of Rights:

  1. Recognize that we love and need both parents.
  2. Don’t turn us into messengers. Mom and Dad should talk to each other directly.
  3. Don’t say bad things about our other parent.
  4. Don’t grill us about what is going on at our other parent’s home.
  5. Don’t ask us to take sides.
  6. Don’t make us feel like we’re being disloyal to you if we enjoy being with our other parent.
  7. If you have something angry to say to our other parent, don’t say it around us.
  8. Don’t purposely forget important clothing or gear when we are going to our other parent’s place.

As with any divorce or child custody case, we recommend that you obtain advice from counsel in the jurisdiction where your case is filed about your specific issues.  K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.

This post is not meant to be legal advice.  If you are interested in retaining counsel, we are happy to set a consultation.  Luna Law Firm provides legal representation in divorce, child custody, visitation, and other family law matters in the Reno, Nevada, Carson City, Nevada and surrounding areas.

Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.  View our weekly legal articles for The Luna Law Firm – Family Law Blog

Below you can view our introductory video for The Luna Law Firm.

Link back to the The Complete Idiot’s Guide to Surviving Divorce, 3rd edition. (http://www.amazon.com/gp/product/1592574149).

Posted in: Child Custody

21
Jan 2011
Posted by Steve
0 comments

How to Protect Your Facebook Page From Being Used As Evidence Against You

It is becoming common place for Facebook to be used as evidence in court cases.  This is especially true in divorce and child custody cases.  Nevada is no exception to this.  If you are involved in a child custody case, divorce or other family law matter in Nevada you should take steps to protect your Facebook page from becoming the “best” evidence against you.

The most obvious is to just not have a Facebook page.  Therefore, no page to use as evidence.  Unfortunately in today’s social media climate, Facebook is a source of socialization and connection to friends and family.

If you can’t just get rid of your page, then the avoid posting anything that would be damaging to your case.  While obvious at times, in the heat of the moment, some people find it irristiable to make comments that later haunt them.  That being said avoid posting in the heat of the moment.  If you can’t avoid this, it might be best to delete the whole account.

In addition, change your password and make your page is private as is necessary.  Keep in mind that just because the page is private does not mean the court will not consider it as evidence if the other side is able to access it.  Note that the other side could request your profile, messages and wall in discovery even if it is private.  Making it private may cut down or complicate your former partner from snooping on it but it doesn’t prevent friends or family who may be tempted to tell what you’ve posted nor does it prevent the court from ordering you to reveal it.

Carefully monitor comments posted by others on your page.  What may seem innocent could end up having other implications.  Facebook allows for settings that prevent others from posting or notify you when an individual posts or comments on your page.  Be sure these are set so you are aware of what may be happening on your page immediately.

These are just a few suggestions on protecting yourself.  The best and safest method is just not to have a Facebook page.  If you can’t resist, then by all means take steps to protect yourself.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.

This post is not meant to be legal advice.  If you are interested in retaining counsel, we are happy to set a consultation.  Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.  View our weekly legal articles by The Luna Law Firm – Family Law Blog

Posted in: Miscellaneous

20
Jan 2011
Posted by Steve
0 comments

Using Facebook as Evidence in a Child Custody or Divorce in Nevada

Facebook, along with other social media outlets, can be full of information about the other party’s habits, associations,  what they are doing and even what problems they are having.  People have discovered affairs, criminal arrests and facts showing reasons co-parenting is difficult all on a public Facebook page.  Assuming that the page is public,  an attorney or any other individual can print it off and present it as potential evidence in court for a divorce or child custody case.

For starters if you want to use an individual’s Facebook page as evidence, the first step is to print it off and get a hard copy.  This prevents you from losing access to it if the party decides to make their page private and/or block your access.  Be sure you are getting the relevant information which shows who the page belongs to and any necessary dates.   Also, a clear copy is a must.

There is a clear indication that  an individual’s Facebook page is not entitled to any privilege or privacy expectations.  McMillian v. Hummingbird Speedway, Inc., 2010 Pa. Dist. & Cnty. Dec. LEXIS 270 and   Romano v. Steelcase, Inc., 2010 NY Slip Op 20388, 907 N.Y.S.2d 650, 2010 N.Y. Misc. LEXIS 4538.   The posts on Facebook, even when your profile is private, still have a public element to them.  Thus, it is not surprising that there is no expectation of privacy.

The next question becomes can you admit it as evidence.  It is my belief that in most cases you can.  Just like any other document you must authenticate it. This can be as simple as testimony showing the page to be a true and accurate copy of the Facebook page at the time it was printed.

As simple as that sounds there are some very valid objections to the page as evidence.  For example, there may be a counter argument that it was information posted by someone other than facebook page owner.  While I suppose this does happen, it may be difficult to deny ownership of a Facebook page that is known to belong to the individual based upon messages, comments or information on the page itself.   An additional objection is hearsay especially where statements exist from individuals other than a party on the page itself.  Hearsay is generally defined as an  out of court statement made for the truth of the matter asserted.   NRS 51.035.   These are just a few objections and not necessarily the only ones available.

As with any piece of evidence, it should be evaluated prior to trial for admissibility.  If it can be authenticated and there are no valid objections, the evidence may be omitted by the Court.  It is recommended that if you are interested in admitting a Facebook page that you discuss it with your attorney prior to trial and evaluate its usability.

This post is not meant to be legal advice.  The information provided is specific to the State of Nevada.  Questions involving a state other than Nevada should be directed to an attorney in the appropriate jurisdiction.  If you are interested in retaining counsel, we are happy to set a consultation.  Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.  View our weekly legal articles by The Luna Law Firm – Family Law Blog

Posted in: Miscellaneous

17
Jan 2011
Posted by Steve
0 comments

Tips for Preparing for a Divorce With or Without Child Custody

If you are considering a divorce or preparing to file for a divorce, there are some steps you can take to prepare yourself for the upcoming court action.  For example, you may wish to obtain copies of income tax statements or other financial documents prior to leaving the house. This will become helpful as you begin processing your divorce.

The following is a brief list of suggested items that you should obtain copies of prior to filing for divorce in Nevada.  This list is not all inclusive and it is recommended that you speak with a family law attorney for specific items that may be relevant and material to your case:

  1. Print checking or saving account statements for a period of one year.  At a minimum the bank and account number for all of your accounts.
  2. Make copies of retirement accounts and the information for the plan administrator
  3. Copy income tax statements for a period of three years
  4. Copy paystubs for both you and your spouse
  5. Copy off all credit card statements
  6. Copy any emails or other communication that might be relevant to your case
  7. Take photos of all household items and furniture
  8. Make copies of life insurance or other insurance policies
  9. Make copies of any loan paperwork relating to vehicles, homes or real property

This list is brief and there may be many more items which may be helpful to your divorce.  As such, we recommend that you discuss those necessary items with a licensed Nevada family law attorney.  In all cases, if there is a risk of harm, you should place your own safety and that of your children foremost and not risk that safety for the sake of obtaining documentation.

Contact us today to schedule your consultation 775-686-2490.  We are glad to discuss your divorce in Reno, Incline Village, Sparks, Fernley, Fallon, Carson City, Garnerville, Minden and surrounding area in Nevada.

This post is not meant to be legal advice.  If you are interested in retaining counsel, we are happy to set a consultation.  Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.  View our weekly legal articles by The Luna Law Firm – Family Law Blog

Posted in: Uncategorized