Family Law and Divorce Attorney in Las Vegas
Admitted to the Nevada Bar in 1994, Mr. Marcek is a lawyer in Las Vegas who can provide the vigorous legal representation clients need during their divorce proceedings. The direct counsel our office provides ensures that our clients are prepared to handle every aspect and go through every stage of the divorce process. This not only helps ease stress, it helps ensure that our clients receive a fair and equitable settlement that help them move forward in a new direction.
Nevada is a community property state which means that any income earned or property acquired during the marriage is the property of both spouses. This means that any assets, as well as any debts/liabilities, will be divided equally between the divorcing parties. It is also possible to divide the assets and liabilities unequally via a written separation agreement agreed to by both parties, or by convincing the court that there are compelling reasons for not dividing these equally.
Property owned before marriage, gifts, inheritance, or personal injury awards are considered separate property. These are excluded from community property, however, they may be set aside and used to cover the costs of alimony, debts, or child support.
When dividing property, all assets must be itemized and their source determined. This includes personal property such as jewelry, real property, cash savings, artwork, business assets, etc.
Nevada courts will seek to provide the best quality of life possible for children following divorce. This includes making considerations for their health care, education, and living expenses. Ultimately, it is the court’s objective to achieve the best standard of living for children after their parents go their separate ways.
In Nevada, child support payments depend on the number of children, the gross monthly income of the divorcing parents, and the terms of the custody arrangement. Nevada uses a graduated scale to determine the amount of child support the non-custodial parent will pay.
For one child, the non-custodial parent typically pays 16% of their gross monthly income in child support. For two children, it’s 22%. For three children, it’s 26%, and for four children it’s 28%.
In regard to insurance, medical, and educational expenses it is expected that both parents will cover these costs equally. However, this can also be adjusted depending on alimony arrangements or the way assets and liabilities are divided.
Other factors that can influence the amount of child support a non-custodial parent will be required to pay include the cost of childcare, special educational needs, public assistance used to support the child, the parent’s legal responsibility to support other dependents, and the amount of time that each parent spends with the child.
Custody, Parenting Plans, & Visitation
It is always best when parents can amicably agree on custody and visitation arrangements. However, if this is not possible, the courts will intervene and make this decision based on what will be in the best interests of the child. In Nevada, a temporary order will be issued during the divorce proceedings prior to the determination of a permanent custody arrangement.
Towards this end, Nevada courts may award either sole or joint custody. They will factor in the child’s present location, the child’s wishes, their involvement within the community, what school they are attending, etc. They will also consider whether factors such as domestic or sexual abuse are present.
The custody decision determines both the child’s physical location and the parental responsibilities of both parties. These are included within the parenting plan and include decisions related to religious affiliation, education, healthcare, etc. Either parent can request that the parenting plan and custody arrangements be modified at a later date as circumstances change.
In regard to visitation, the courts will seek to provide reasonable and fair access to the children by both parents provided their are not extenuating factors such as abuse or neglect present. Additionally, the courts may grant orders requiring visitation for grandparents wishing to see their grandchildren.
Alimony is granted to help the divorcing spouse with less income maintain the standard of living present during the marriage. Factors including age, health, income, and marital contributions are considered when determining alimony. Nevada courts may grant temporary maintenance, temporary alimony, rehabilitative alimony, and permanent alimony. Alimony may be awarded in lump sum payments or monthly installments to continue for a specified period of time, or until conclusion of divorce proceedings, remarriage, completion of education, death, etc.
“Mr. Marcek and his team handled the guardianship documentation required by the State in a professional and timely manner. Mr. Marcek showed genuine interest in guiding me through the difficult task of taking guardianship of my mother. His staff, always friendly and easy to work with, answered every question I had while completing the necessary paperwork.”
– Carmen G.