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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

26
Mar 2013
Posted by bethluna
0 comments

Supreme Court Begins Hearings on Same Sex Marriage

The United States Supreme Court will start hearings on same-sex marriage on Tuesday, March 26, 2013.   The two day hearings involve the Defense of Marriage Act and California’s Proposition 8.    This case has been highly anticipated and is considered by many to be a historic moment of great significance.  It could redefine marriage in the United States.  Although the Court will hear arguments over the next two days, experts believe a ruling will not be issued until June 2013.

Nevada has recently allowed domestic partnerships for both same-sex couples.  Nevada domestic partnerships are available for both opposite sex and same-sex couples.  Registration is done through the Secretary of State office.   Even those couples who are considered domestic partners in other states must register in Nevada in order to have their marriage recognized here.

The case before the Supreme Court may very well address a state’s right to allow for same-sex marriage.  This could impact Nevada’s domestic partnerships as well.  For additional updates, please feel free to check our website and the below links.  Included in the below links is information on both sides of the arguments and the timeline to the Supreme Court arguments.  For more information on the arguments, including a review of both sides, visit http://www.oyez.org/ssm/.  Additional information may also be found at http://www.cnn.com/2013/03/26/politics/same-sex-marriage-court/?hpt=us_c1.

The Luna Law Firm handles family law including domestic partnerships in the state of Nevada.

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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: Legal Announcements

07
Nov 2012
Posted by bethluna
0 comments

Nevada Supreme Court Hears Arguments on Child Custody Case Involving Same Sex Partners

A Nevada child custody case involving same sex partners has been appealed and argued before Nevada’s Supreme Court.  Arguments took place on Monday, November 5, 2012 on an appeal from the Family Court of  Clark County.   The case is now before the Supreme Court for decision.

This case involves the issues related to custody and visitation in a same sex couple.  The facts show that the parties, who are lesbians, agreed to have a child together. Damon had her eggs removed and fertilized. Those eggs were placed in St. Mary’s who carried the minor child to full term giving birth on June 6, 2008.  Only St. Mary was listed on the birth certificate; however the parties entered in a co-parenting agreement prior to the implantation of the embryos.   The parties did not have a domestic partnership filed in the State of Nevada.

In 2009, both parties’ names were placed on the birth certificate pursuant to a Stipulation and Order filed with the District Court. That same year a court action was initiated by St. Mary to establish custody, visitation and support.  The lower court determined that Damon was the biological mother of the minor child and that St. Mary was entitled to third party visitation rights only.  This decision was appealed on April 27, 2011.

Nevada’s Supreme Court considered the following issues in this case:

“(1) Is St. Mary a legal mother under the Nevada Uniform Parentage Act (UPA)? (2) Was the parties’ co-parenting agreement unenforceable?  (3) Did the district court abuse its discretion in limiting the scope of the evidentiary hearing to the issue of third-party visitation?”

See Nevada Supreme Court Oral Arguments.

Nevada now has domestic partnerships; however in this case one did not exist.  The outcome of this case could give some precedent for future cases where there is no domestic partnership but same sex couples facing the issues of Nevada custody and visitation.

For more information on this case or other cases before the Nevada Supreme Court, Visit the Nevada Supreme Court Website.  Information regarding the facts and details of this case was obtained from the Nevada Supreme Court website and the pleadings on file.

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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: Child Custody

06
Nov 2012
Posted by bethluna
0 comments

Reno, Nevada Family Law Case Makes National News

The Second Judicial Court has made national news with an issue involving a 32 year old mentally handicapped woman.  According to reports, approximately thirteen weeks ago, Elizabeth Bauer wandered away from her group home in Reno, Nevada.  Following her return, it was discovered that Ms. Bauer had become pregnant.  The circumstances surrounding the pregnancy are unknown.  The Court has appointed a Guardian ad Litem for Ms. Bauer.  Ms. Bauer’s adopted parents and legal guardians have filed a Motion for Stay in regards to the proceedings.

This case is receiving national attention for its similarity to the Massachusetts’s case earlier this year, wherein the Massachusetts Appeals Court overturned a lower court’s ruling that would have forced a mentally ill woman to undergo abortion and sterilization.  The facts of this case appear to be substantially different and no such order has been made with regard to Ms. Bauer.

The  Judge in Ms. Bauer’s case has determined that he has the authority to hear and  make the decision regarding the abortion.  A request has been made to allow the Second Judicial Court in Reno, Nevada to go forward on this issue.  Nevada’s Supreme Court has not made any decision regarding the request to stay or go forward with the hearing as scheduled.

Click on the following links for more information on the Nevada Couple Fights Judge Daughters Pregnancy case and the Nevada Judge Seeks Go-Ahead in Abortion Case.

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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: Legal Issues

27
Dec 2011
Posted by bethluna
0 comments

Whether or not to hire an attorney in a Nevada divorce or child custody case

Child custody and divorce cases can be complicated legal matters.  A question I hear frequently from potential clients is, “Should I hire an attorney?”  The decision to hire an attorney is always up to the individual.  There are certainly a lot of factors to consider in that decision, two of which include the complexity of the case and if the other side has counsel.  The American Bar Association recently conducted a study of Judges around the nation on their opinions as to individuals proceeding without counsel.  Those statistics may give some indication on the need for counsel and the impact of not having counsel in a divorce or child custody case in Nevada.

62 percent of the Judges interviewed viewed the outcomes for non-represented litigants as being worse. 37 percent of the Judges felt there was no impact.  When asked about the range of problems pro per’ litigants had without counsel, problems included failure to present necessary evidence, procedural mistakes, failure to effectively examine witnesses or make proper objections, and poor arguments.  The ABA Coalition of Justice, report on the Survey of Judges on the Impact of Economic Downturn on Representation in the Courts.  View more information on the AMA Report.

While finances are tight for most families, if the decision is made to hire an attorney, there may be options to help afford the cost of representation.  This can include looking for an attorney who provides payment plans or doing some of the work yourself to reduce your fees. As the survey indicates, representation in court can make a difference.  If you cannot afford an attorney for the entire case, you may wish to only hire an attorney to represent you for court appearances.  This option should be discussed beforehand with counsel to ensure your best options as there are timelines to provide evidence, witnesses and documents to the other side and Court.  Those timelines, if missed, can result in evidence and witnesses being excluded.  In addition, if an individual drafts their own paperwork, they must be sure to properly plead all items as this can result in loss of defenses or arguments if not properly pled.

Before hiring any attorney, one should take steps to insure that it is the right fit.  The American Bar Association provides information on a Hiring an Attorney which may be helpful to review.

Not every individual needs, requires or wants an attorney.  Before making the decision to hire or not hire, it is vital to educate yourself on the pros, cons, and what to look for in counsel.

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

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

Posted in: Divorce

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

02
Jun 2011
Posted by Steve
0 comments

How To Calculate Time For Filing A Response In Nevada

How to calculate time for filing a response in Nevada:

When served with legal paperwork in Nevada that requires a response, a party must know when the response is due and how to calculate the time for that response.  Nevada has a clear defined rule on the calculation of time which can be located  at Nevada Rules of Civil Procedure 6 aka a NRCP 6.  NRCP 6 states that  if the period to file a response is less than eleven (11) days, the intermediate Saturdays, Sundays, and non judicial days are not included in the calculation.  If the time for response is more than eleven days, those days would be included.   Where the document requiring a response is sent by mail or electronic means, the rules specifically allows for an additional three days for filing a response.  NRCP 6(e).    Further the day that the act, event or default occurs from when the period of time is to start is not to be included in the calculation.    For a complete text of  NRCP 6, please see the following link:  http://www.leg.state.nv.us/courtrules/nrcp.html.  This provision applies in Nevada’s District Courts only only and should not be relied upon for the calculation of time in a court room or state other than Nevada District Court.

If you are uncertain about the required response time in your case or how to calculate a response time, you should speak with an attorney.  If you fail to file a response in a timely manner, a default or other repercussions could occur which may have an impact on your case.

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: Legal Announcements

15
May 2011
Posted by bethluna
0 comments

Classes For Parents Involved In Child Custody Disputes In Reno Nevada And The Surrounding Areas

Often a major dispute in many child custody actions in Nevada is the ability of parents to co parent and sometimes a step parent’s involvement. Prior to filing a custody action or even if one is pending, it may help improve relations between you and the other parent to attend educational classes on co- parenting and being a step parent.  While I realize this may not fix all of the problems, it can help you obtain a better understanding and knowledge about better parenting skills and what your children are experiencing.  In contested custody cases, I often recommended my clients consider attending classes in order to educate themselves and show the court that they are making an effort to improve their parenting skills and relationship with the other parents

Reno, Nevada is lucky enough to have the Children’s Cabinet which provides a number of classes for free to parents.  This includes a Co-Parenting class designed to teach parents better ways to co-parent and a Step-Parent Essentials class for both the step parent and parent.  There are a number of other classes offered including classes on better parenting in general, anger management classes, learning the importance of fatherhood and classes for developing family goals.  These classes are offered at no cost and in some cases in Spanish.  Classes may be available in other areas of Nevada or online in some instances.

For more information on classes and their availability, please see http://www.childrenscabinet.org/userfiles/file/2011%20Winter%20Final.pdf

Posted in: Child Custody

05
May 2011
Posted by bethluna
0 comments

Tips For Better Co Parenting On Mother’s Day

The goal of any parent should be to find ways to better co parent with the other parent.  In practicing child custody litigation in Reno, Nevada, I often see a breakdown of that relationship as a result of the litigation.  When this happens sometimes taking a few steps towards healing that relationship can start with something as simple as Mother’s Day.  If you and your child(ren)’s parent(s) are no longer together consider doing some of the following:

  • Allowing your child(ren) to spend Mother’s Day with mom or even the weekend for some additional special time.
  • Helping your child(ren) find a special gift or card to give to their mother.  Now that the two of you are not together this may be overlooked.
  • If you can’t afford a gift, assist the children in making mom a special item.
  • Staying out of mom’s way on her day.  Try not to interrupt with unnecessary calls, texts, or other interruptions.

These tips are general ideas to help your children respect and honor Mother’s Day.  Every family is different and has different needs, safety considerations or concerns.  If your family has issues involving safety, child abuse or domestic violence, visitation and contact should be tailored to fit those needs.   In the event, you are involved in an ongoing litigation and have questions you should discuss the appropriate action with your attorney.

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: Child Custody

04
May 2011
Posted by bethluna
0 comments

Conflict of Interest Explained

When you call any law firm for a consult in a divorce or child custody case, one of the first questions you will be asked is your name and the name of the opposing party. In my office, we request that you provide this information before telling us details about your case. Based on the names provided, we run a “conflict check” to ensure that you are not a conflict for our office.

This conflict check is done in order to comply with Nevada’s Rules of Professional Conduct, which state that an attorney “Shall not represent a client if the representation involves a concurrent conflict of interest.” Nevada Rule of Professional Conduct 1.7(a). A concurrent conflict is considered representing a client whose case is directly adverse to another client. NRPC 1.7(a)(1). It can also include cases where there is a risk that a lawyer’s responsibilities to another client will be “materially limited” by representation of another client. NRPC 1.7(a)(2).

Conflicts most commonly happen when both you and the opposing party attempt to hire the same attorney. When a person speaks to an attorney in our office, his or her name is put into our conflict checking system. That way, when the other party calls, we are aware that we have spoken to the other party and will advise the caller that a conflict exists. We do not advise as to the specifics of that conflict.

At the Luna Law Firm, PC, we err on the side of caution in dealing with conflicts. If there is any potential for a conflict, it is our policy not to discuss your case with you. Instead, we will refer you to another attorney who may not have a conflict and would therefore be able to assist you. We have two firms that we highly recommended in the event of conflicts. These firms are:

Routsis-Hardy Cooper – 775-785-9116

Surratt Law Firm ~ 775-636-8200

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: Miscellaneous