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Reno Nevada Family Law Blog

Are older Americans facing a higher divorce risk?

Nevada couples over the age of 50 might be concerned about the possibility of a higher risk of divorce due to their age. The phenomenon, also known as gray divorce, has received a great deal of media attention.

The divorce rate for those over 50 has increased steadily, going from 5 divorces per 1,000 married people in 1990 to 10 divorces per 1,000 married people in 2010, and in comparison with the growth of the divorce rate for those under 50, it has seen a sharp increase. However, the rate is still significantly lower than the overall divorce rate for people under 50. Additionally, not all married people over 50 need to worry about an increased risk, since there are a lot of variables.

Arguments over politics becoming more bitter under Trump

Many media pundits agree that Donald Trump's election victory in November has deepened the political divide in Nevada and around the country. Wakefield Research wanted to find out what kind of impact living under a Trump administration is having on couples, and the Virginia-based polling company discovered that arguments over politics are causing marriages and long-term relationships to end at an unprecedented rate.

Wakefield Research asked 1,000 people between April 12 and April 18 whether they were arguing more or less about politics since Trump's victory over Hillary Clinton and how these arguments were affecting their relationships. One in 10 of the couples polled said that disagreements over partisan politics had prompted them to end their relationships, and the figure rose to an alarming 22 percent when millennials were asked the question. Almost a quarter of those questioned said that they were arguing more about political issues, and 22 percent claimed to know a couple who had separated or run into relationship problems because of political differences.

Prenups and postnups leave openings for creditors

It may come as a surprise to some Nevada residents that they're on the hook for the debts of their spouses. Whether one spouse comes into the marriage with debt or runs up his or her credit cards during the course of the marriage, both spouses may be liable for repayment. There are, however, precautions that can be taken with prenuptial and postnuptial agreements.

A prenuptial agreement is a contract signed prior to the beginning of the marriage. They are recognized in every state. Prenuptial agreements set forth how the parties will divide assets and liabilities should they later divorce. They allow for tremendous flexibility. Parties can, for example, reaffirm by agreement that premarital debts will remain separate, establish the rules for handling post-marital debt, or call for the payment of certain debts specifically from certain income sources.

Communications between children and noncustodial parents

A Nevada parent who is divorced and who lives far away from the other parent might have an agreement that the parent contacts the child by phone, text or video call. However, if the parent is abusive or begins to harass the child, the custodial parent may wonder if they can cut off contact. Alternately, a custodial parent might simply prefer that the child have less contact with the other parent.

In the former example, parents should document incidents of harassment. They may need to return to court to change the order so that it limits the parent's contact with the child. For example, an order might specify times in which the parent is permitted to phone the child. However, even before taking this action, the parent may want to discuss the situation with a child therapist because cutting off contact between parent and child can be harmful.

Rights of individuals under guardianships

Senior citizens in Nevada who are unable to handle their own affairs due to health complications can be put under guardianships. This court-ordered designation allows family members, professional guardians or other qualified individuals to take over paying an elderly person's bills, arrange his or her doctor's visits, make sure he or she eats and handle any other critical services. However, there are some guardians who may abuse the situation and steal the senior's property, personal belongings and money, leaving them destitute and alone.

To address this problem, the Senate Judiciary has begun crafting a bill of rights for people who are being cared for under court-ordered guardianships. This document is the result of an 18-month-long examination conducted by a guardianship commission.

Child custody modification in Nevada

Child custody orders in Nevada and around the country are issued based on what family law judges believe to be in the best interests of the children involved, and their terms may be modified by the courts when children have been placed in potentially dangerous environments. Schools will generally notify the authorities and begin the process when children seem scared to go home, and police reports of drug use or domestic violence in the custodial parent's residence could also lead to custody arrangements being scrutinized.

While some child custody arrangements are modified after evidence of imminent danger has been uncovered by police officers or social workers, many others are revised because the situations of the parents involved are either changing or have changed. Noncustodial parents may seek redress in the courts when custodial parents are moving to distant locations, and judges could be sympathetic to these arguments if the proposed move would make regular visitation difficult and sincere efforts have been made to resolve the matter through negotiation.

Think Like A Business Woman During Your Divorce

When you’re going through a divorce, you know that the entire process is filled with emotions. So when someone tells you to try remove the emotions from the decisions, it might sound impossible. How do you remove the emotions from the most emotionally-consuming time of your life?

Think of yourself as a business and the process of divorce as a business transaction. Easier said than done? Here are some ways to think strategically during an emotionally strenuous time.

Family business and divorce

Divorce for Nevada couples is often a stressful situation. It can become even more so when there is a family business at stake. Even in situations where spouses choose to take a mature approach to their breakup, there are several legal and financial issues involved in deciding what happens to a family business. Fortunately, there are several strategies that can be used that will keep the business intact even if a marriage fails.

The first set of strategies takes place before a couple marries. A prenuptial agreement is one obvious option. Before the couple exchanges vows, they come to an agreement about who will own the family business and its assets if the marriage eventually comes to an end. Another option is to execute a legal agreement that would require one spouse to buy out the other spouse's share in the business in case of a divorce.

Understanding how QDROs work

When a Nevada couple divorces and one of the individuals involved has a retirement account, it may be necessary for a qualified domestic relations order to be created. A QDRO is a legal document that outlines how assets from a retirement account will be distributed. Normally, retirement accounts will only pay out assets to a named beneficiary or the owner of the account.

With a QDRO, assets from the account can be given to a different payee, which is usually the owner of the account's ex-spouse. A QDRO can pay out assets from the account in a variety of ways, including using assets to pay alimony or child support. Payments can also be made to a child, a dependent or an ex-spouse.

Should married couples plan for the possibility of divorce?

A newly wedded couple is too focused on building their lives to consider the prospect of a marriage ending. They look for a place to live and plan for a family. In addition to those steps, sound financial planning can prepare couples for a future, regardless of their marital status.

Proactive steps include:

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