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24
Apr 2013
Posted by bethluna
0 comments

How Long Does it Take to Get a Divorce in Nevada?

Nevada has a reputation for “quickie” divorces. This is due to the short amount of time in which Nevada will take jurisdiction over a party for purposes of filing a divorce and historically liberal divorce laws. Unfortunately, this is not an accurate reflection of the judicial process as it now exists in Nevada. Most other states have loosened harsh divorce laws since the early twentieth century, when Reno was known as the Divorce Capital.  While the history of Divorce in Nevada is certainly an entertaining tale, the “quickie” divorce is a distant memory.

If you are divorcing in Nevada, you probably want to know how long it takes to obtain the divorce.  This is a question we are asked near daily. Unfortunately, there is no good answer.  Every case is different. Some require more negotiation and Court proceedings while others settle relatively quickly. The timeline for completing a divorce can also be impacted by the location where it is filed and the Judge that is assigned.

In Washoe County, most divorces are finalized within about six weeks from the date the Decree of Divorce is submitted to the Court for review. This can of course vary depending on the Judge assigned and any complications that arise.

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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: Divorce

22
Feb 2011
Posted by Steve
4 comments

Proving Income In A Child Support Matter

Proving Income in a Support matter:

When it comes to dealing with child support or alimony the ability to show the income of the other party is a vital part of any case.  So what happens when a party underreports or claims that they are earning less or no income than what you know to be true?  Or how to you prove the true income amount of an individual who is paid primarily under the table?  Evidence showing the true nature of the income is then needed to paint the true income picture.  The following are a few ways/items that may help prove income:

♦   Income tax statements, paystubs and W2’s can show at least the reported income and area  basic place to start in proving an individual’s earnings.

♦   Bank Account statements for checking, savings and other banking accounts may show additional deposits to an individual that are not being reported as income to the federal government.

♦  A comparison of spending versus reported income may show a discrepancy in the reported earnings.  For example, if an individual is paying for expenditures well above their reported income  there is clearly additional income from somewhere that is covering those expenses.

♦   Credit applications showing reported income for the purposes of determining credit.   Most people when applying for credit will report an amount  that is higher to obtain that credit.  This may show the true income as opposed to just the reported income.

♦  Evidence of major purchases inconsistent with the reported income.  This can be taking lavish vacations, purchasing new vehicles or toys or other purchases that are inconsistent with their reported income.  Along with these items may also come credit applications as listed above.

♦  Statements made by the party bragging or claiming their wealth can be used in some cases in court to show income.

♦  Advertisements or other evidence of their business or work can come into play on occasion.  For example, a musician claims he isn’t working yet local entertainment magazines contain numerous ads featuring the musician at events would indicate he/she is working more than claimed.  Presumably this would indicate possible additional earnings.

♦  Obtaining information from 1099 or other employers as to what they have paid the individual.

♦  Applications for disability insurance or other insurance requiring a reporting of income.

This list is not all inclusive but meant to be general suggestions based upon the law in Nevada.  There may be other evidence that can help disprove the reported income based upon the individual facts of a case.  Questions regarding evidence in an individual support action should be discussed with your attorney.  This blog should not take the place of obtaining legal advice from an attorney within 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 divorce, child custody, child support and alimony matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice or serve as forming 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. 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: Child Custody

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

10
Jan 2011
Posted by Steve
0 comments

Virtual Visitation with Minor Children

You may not have heard of it; however virtual visitation legislation is one of the newest trends in family law.  Currently, only a few  states have passed statute relating to virtual visitation.    This includes Florida, where I assisted in the drafting of the legislation that was eventually passed.  The purpose of virtual visitation is not to take the place of regular face to face visitation but to give an additional form of contact between a parent and child who have limited visitation due to distance.  It can provide another form of contact and may help resolve child custody issues brought on by being far apart.

While it would be nice if both parents and their children could continue to reside in the same city, sometimes it is necessary for a parent to relocate.  This results in the need for visitation that may be limited to long school breaks due to the difficulty and time required for travel.  The non custodial parent may lose out on many of the day to day involvement with their child(ren).  While the move may be unavoidable creating unique ways to keep in touch between the parent and child, such as virtual visitation, may help keep the parent involved in the day to day activities of their child.

Examples of virtual visitation include text messaging, email, instant messaging and video conferencing (Skype.com).  This doesn’t have to be an expensive endeavor in today’s age of technology.  Most individuals have text messaging on their phones and the vast majority of children and parents have access to email.  By allowing the use of these easy communication forms, it is easy to stay in touch despite the distance.

Many parents balk at the presumed expense of video telephone or conferencing.  The truth is that if you already own a computer setting up video conferencing simply requires adding additional inexpensive camera equipment to those computers.  As another alternative “skype” is now available online and for free.  Skype is an online service that allows each user to see one another during an online telephone conversation by using the camera in your computer.  Skype is utilized by lots of families who have members overseas or in other states.   The recent addition of video on the iphone 4 now allows for another outlet for more meaningful contact.

If you are looking at relocation  with your child(ren), virtual visitation may provide some options to help stay in touch despite the distance.  While Nevada currently does not have legislation requiring virtual visitation, the parties can agree to utilize video conferencing, skype or other methods for additional communication or request that the Judge order their use.

While separation between parent and child is not ideal, thinking out of the box can help to make the distance seem smaller and provide additional, frequent contact.  For more information or to discuss child custody or visitation issues, please feel free to contact our office.

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

12
Oct 2010
Posted by bethluna
0 comments

Online Privacy Issues in Divorce – Social Media

Unfortunately, the legal process brings out the worst in others at times.  As a result of litigation, your life may be inspected and gone over with a fine tooth comb for any information that can be utilized against you. This is especially true if there are custody or financial issues such as waste present in your case.  The following are some general recommendations of things you should do immediately to eliminate unwanted intrusion or evidence against you.

1. Change the passwords for all email accounts.  This includes business email, private email and email you believe the other party does not know about.  I recommend that you do not utilize home computers for this purpose as there is spyware that can be applied that simply copies your every key stroke.  It is best to set up a new email for purposes of communicating that only you know the password to going forward.  Please be sure that if you are living in the home with your spouse or they have access to your personal things that you not write down and leave your passwords where they can be discovered.

2.  Recent trends show that websites such as Facebook, MySpace and Twitter and other social media outlets are becoming a popular place for attorneys to locate information on the opposing side.  If you have a personal Facebook Page, MySpace Page, Twitter Account or other social media site (such as a blog etc), I urge you to delete these accounts if at all possible.  If not increase the privacy settings on your accounts so only your limited close friends and family has the ability to view.  Do not post anything on social media sites that you would not want the other side to view.  Again, please change your passwords to any such accounts so the other side cannot sign in and view your accounts.

Many social media sites allow for individuals to tag and post photos of you, please avoid this if at all possible during your case. If the other side has such accounts, please advise us so that we may review them and obtain copies of any information that will assist your case.  You may also simply provide us with copies of their sites and pages if you are already aware of information that may assist us.

3. If you have an interaction with the other side, please avoid leaving nasty or inappropriate messages on voicemail or through the use of text messaging.  These items can be used as evidence against you.  If the other side advises you that they are recording your telephone conversations, I would encourage you to not consent and immediately get off the phone and notify our office.

4. If you are utilizing a dating site or sites such as Adult Friend Finder, you should immediately close your account and delete all personal information.

The Luna Law Firm is happy to discuss the above listed online privacy information with you to answer any questions you may have regarding how to best protect your online privacy. This list is not an all inclusive list, so if you have additional online privacy concerns, please let us know.

By: K. Beth Luna, Esq.

ABOUT THE FIRM:

K. Beth Luna started the firm with the intention of creating a law firm focused on the individual client and his/her needs. After years of practicing in the area of family law, Ms. Luna quickly realized that family law cases are unique and require an approach that is reasonable yet aggressive when necessary to balance out each individual and their family’s best interests.

Ms. Luna places a priority on listening to client’s concerns, goals and needs; working with each individual case to formulate the best method to handling the individual case. Every client deserves to be educated about the law and kept advised on his/her case. You can expect Ms. Luna to take the time to explain the law to you and advise you on your case.

View the Luna Law Firm’s Areas of Practice

Posted in: Uncategorized

04
Oct 2010
Posted by bethluna
0 comments

Picking your Battles in Divorce

Years ago I was involved in a divorce matter where the parties involved had very little to divide. They had no children, little to no debt and no significant assets.  It should have been simple; however the parties were still very emotional and both angry over the break up.  Even though there was nothing major to divide they were intent on a knock down drag out case.  The result was an all out battle for a pair of shell wind chimes.

That set of wind chimes was the $9.99 variety that you purchase at a road side tourist stop on the way to Florida.  The value of the wind chimes at a yard sale was probably 25 cents, at best.  Yet during the divorce the value was tied to the emotional value of winning.  The result was that neither party really won.  They paid attorneys $300 per hour to argue over who should get the $9.99 wind chime set.  It just didn’t make economical sense, but because the parties were both intent on winning, they racked up a huge bill over something that was worthless.

It is just that type of argument that everyone should look to avoid in a divorce.  Prior to meeting with an attorney and filing the divorce, it is a good idea to take a hard look at what items/issues are really important to you.  Discuss those issues/items with your attorney and find out what the law realistically will allow.  Also discuss and compare the cost/benefit to obtaining the result that you are seeking.   This way, as the case progresses you know the priorities and can hopefully avoid spending unnecessary attorney’s fees.

It just doesn’t make financial sense to spend your entire community estate arguing over who gets what.  The goal should be to divide it with as little cost as possible.  By knowing what is really important to you as a result, you can keep your eye on the goal and hopefully avoid unnecessary emotional arguing about $9.99 wind chimes.

By K. Beth Luna, esq.

View the Luna Law Firm’s Areas of Practice

Posted in: Uncategorized

28
Sep 2010
Posted by bethluna
0 comments

Three Simple Mistakes to Avoid When Sending Your Child to Visit the Other Parent

In a divorce or child custody case, it is easy for the children to become the most valuable pawn in the legal game.  As parents, it is best to avoid using children as a pawn and remembering to always  put the children’s best interest first.  This can be hard at times especially when the other parent refuses.  Three common problems that I see on a day to day basis that you should attempt to avoid:

Mistake #1: Refusing to send the child with clothing.   While it may seem like a strike against the other parent to send the child in ragged, old clothing, it is really only hurting your child.  The clothing purchased by either parent is for the child and should be considered the child’s to take with them when visiting the other parent.  Be courteous enough to send your child with appropriate clothing and items that are nice and not worn out.  If it doesn’t get returned, know that your child has it available to him/her at the other parent’s home and it is still getting used.  When the child visits your household be sure to send him/her home well dressed and return any clothing that came with them.

Mistake #2: Talking about the divorce/child custody case in front of your child.  I can’t stress enough NOT to discuss the legal proceedings or disparage the other parent in ear shot of your children.  No child wants to be placed in the middle of their parent’s legal battle and by not discussing it with them or around them, you can avoid that problem.  This should include discouraging friends and relatives from doing it as well.  Set the policy that the legal proceedings are not discussed when little ears might hear.

Mistake #3: Acting sad or hurt that they are going to visit.  Most children are excited to spend time with either of their parents as long as not discouraged from enjoying the visit.  Avoid making statements or expressing that you will be lonely or sad since they are visiting the other parent.  Encourage them to have fun and recognize that for your child this visit can be and should be enjoyable.

There a number of mistakes people make during a divorce or child custody proceeding involving children. This is just an example of three.  The best advice is to remember to put your children first no matter how tempting it is to get that one last jab at the other party.

Written By: K. Beth Luna, esq.

K. Beth Luna, esq, is an attorney with the Luna Law Firm, a Family Law Practice located in Reno, Nevada.  View the Luna Law Firm’s Areas of Practice.

Posted in: Child Custody

23
Sep 2010
Posted by Steve
1 comment

Our Promise To Our Clients – The Luna Law Firm

Whether you are involved in a divorce, filing for custody of a child or attempting to modify a prior family law order, the decision to hire an attorney is an important one.  Your relationship with your attorney is one that can have a big impact on the outcome of your case.  It is important for you to feel comfortable with your attorney.   I started my own firm with the goal of making it client centered.  As a part of that I provide every client  with the following list of Client Rights.  This is my list of promises to every client that hires The Luna Law Firm as to what they can expect from me.  I also include with the list a set of expectations that I have for clients.

•    You deserve to be treated with respect, understanding and compassion. Our firm sets this as goal for every case.  In every case, we try to listen to your concerns and help guide you through the process.

•    Your problems will be discussed in privacy.  With the exception of information that must be shared to carry out your case, no one outside of the Luna Law Firm will know what you have discussed with us unless you authorize us to advise them.

•    You deserve to have communication regarding your case in a prompt manner.  Our goal is to return phone calls the same day; however in some cases this may not be possible, therefore we strive to return all calls within 24 business hours. In the event that we are out of the office for an extended period of time, we will make all efforts possible to notify you in advance.

•    Any paperwork filed or received in your case will be forwarded to you in a timely manner.  We are happy to discuss with you the preferred method of receipt.   In some instances this can include forwarding a copy by email.

•    It is our belief that clients should understand the law connected to their case. We will make our best efforts to discuss the law with you and help you understand how the law is in applied in your individual case.

•    You have the right to be advised of any settlement offer.  The decision to settle or not to settle is yours alone.  Any offer will be passed on to you and we will assist you in understanding the pros and cons of that offer.

•    Each month you will be provided with an itemized bill in your case.  If you have questions regarding your bill, those questions will be addressed and explained.

View the The Luna Law Firm’s Areas of Practice.

Posted in: Miscellaneous

22
Aug 2010
Posted by Steve
Comments Off

The Luna Law Firm Is An Eco-Friendly Law Firm

When I decided to establish my own firm, one of my goals was to look for ways to make the firm environmentally friendly.  I found that if I kept my eyes open there were a lot of ways I could implement procedures that were ecofriendly even with a law firm.

For starters, I selected recycled paper for all of my business cards, letterhead and envelopes.  The paper looks great and I am proud to be using it for the firm.   The day to day practice of law generates a lot of paper waste.   To cut down on the amount of paper that is being simply thrown a way, I have implemented a procedure to have the paper shredded and then recycled.  This way client information is kept confidential and destroyed as opposed to ending up in the local landfill.

Washoe County now provides for the filing and receipt of legal documents through “eflex.”  This program allows for a PDF copy of any legal document to be filed with the court and sent to the opposing party electronically.  Luna Law Firm is utilizing this program.  It has not only the benefit of cutting down on paper waste but also benefits clients in that anytime a document is filed all parties have quick access to what has been filed.  It also cuts down the copying costs of every client.

As an additional way to cut down on paper, Luna Law Firm offers every client the election to receive copies of the documents in their case by pdf through email.  In most cases, this is possible with a few exceptions.  Again, this often saves most clients significant funds in normal copying costs.  At the end of every case, clients are provided with a cd copy of the items from their case.  This prevents having to provide a copy of the entire file and provides for long term safekeeping of your case.

Lastly, Luna Law Firm is located within walking distance of the courthouse.  This allows for Ms. Luna and clients to simply walk across the street and avoid driving for court hearings and proceedings.

I am always searching for additional ways to be environmentally friendly.  Currently, I am attempting to set up messenger service with a company that utilizes bikes over cars locally.  If you have additional ideas or thoughts on how we can further improve our commitment to the environment, please let me know.

View The Luna Law Firm Areas Of Practice.

Posted in: Miscellaneous

22
Aug 2010
Posted by Steve
Comments Off

Tips for Saving Money On Your Legal Bill

The economy is tough and unfortunately many people are experiencing family law matters such as divorce in relation to the economy.    You may be dealing with foreclosure and/or bankruptcy already and now have the additional expense of needing an attorney to address a divorce, custody, child support or other family law matter.    While hiring an attorney can seem expensive, there are ways to help cut down your bill.

You can save a lot on your legal bill by just being organized.   For example, when you are asked to provide documents such as bank accounts, provide them well organized and make sure they are complete.  This cuts down on the amount of time that it requires to prepare them for production to the other side.

Provide extra copies of any documents you produce.  A typical production to the other side requires multiple copies of the same items.  Likewise exhibits for hearings and trial usually require  three to four copies.  You can save on copying charges by simply providing these in advance and requesting that they be utilized prior to any copies being made.

It is normal to have questions during a legal proceeding.  Most attorneys are happy to answer them and discuss your case  by phone; however  many attorneys charge an initial amount such as a .20 or 12 minutes and then a .10 ( 6 minutes) for any six minutes following the first 12.  If you are going to call your attorney understand how phone calls are billed.  Prepare a list of questions so that you get the benefit of the first twelve minutes rather than simply calling asking one question  and then  calling back later.   You  may also want to utilize email if it is cheaper than phone calls or save questions for meetings that are already set.  Many clients in family law cases sometimes just need an ear to vent to about the other side or the frustration of the legal process.  In those cases, you may want to utilize a good friend, a therapist or a family member you can trust rather than pay for attorney time.

Not every opportunity to fight with the other side in your case is worthwhile.  I think that it is well worth the time to discuss the cost/benefit of certain issues in your case.  Why spend $20,000 to fight over a something that is worth $2,000.  Take the time to discuss those types of issues with your attorney and realize the value of pursuing them or not pursuing them.

Above all, I encourage clients to discuss with their attorney the cost involved in the case and stay informed about what is going on and the amount of money that is being spent.  Being educated and informed helps you to make smart choices about how you are spending your funds during litigation.

View The Luna Law Firm Areas Of Practice.

Posted in: Miscellaneous