Las Vegas Family Law Attorneys

Family law matters can be deeply personal and often challenging. Whether you’re navigating a divorce, custody dispute, or adoption, the proper legal support can make all the difference.

At The Rosenblum Allen Law Firm, we understand the unique needs of Las Vegas families. Our attorneys provide compassionate guidance and strong advocacy, protecting your interests every step of the way.

In this guide, we’ll explore the critical areas of family law, how these issues are handled in Nevada, and why having experienced legal representation is essential.

What Is Family Law?

Family law covers a broad range of legal matters involving family relationships. These cases often involve sensitive issues requiring legal knowledge and emotional understanding.

Common Legal Issues Handled Under Family Law

• Divorce and separation: Resolving the end of a marriage, including property division and spousal support.
• Child custody and support: Determining arrangements that prioritize a child’s well-being.
• Adoption and guardianship: Establishing legal relationships between parents and children.
• Domestic violence protection: Helping victims secure safety through legal means.
• Paternity: Establishing or disputing parental rights and responsibilities.

Family law attorneys keep clients informed and supported during life’s most challenging moments.

Divorce Representation

Overview of Divorce Law in Nevada

Nevada is a no-fault divorce state, meaning you don’t need to prove wrongdoing to file for divorce. Couples must only cite incompatibility or show they’ve been separated for a specific period.

Critical Facts About Divorce in Nevada

RequirementDetails

Residency: At least six weeks in Nevada.

Grounds for Divorce No-fault (incompatibility or separation).

Types of Divorce Representation

• Contested Divorce
• If spouses cannot agree on terms, the case goes to court. A judge decides on issues like property division and custody.
• Uncontested Divorce
• Spouses who agree on all terms can file jointly, making the process faster and less expensive.
• Mediated Divorce
• In mediation, a neutral third party helps couples resolve disputes outside court. This approach often reduces stress and costs.

Critical Considerations in Divorce Cases

1. Property Division
2. Nevada follows community property laws, meaning assets acquired during the marriage are divided equally. Some assets, like inheritances, may be excluded.
3. Alimony and Spousal Support
4. Support may be awarded based on factors like income disparity, marriage length, and household contributions.

Child Custody and Support

Types of Custody in Nevada

• Legal Custody
• Refers to decision-making power over significant aspects of a child’s life, such as education and healthcare.
• Physical Custody
• Determines where the child lives. It can be shared or assigned primarily to one parent.

Factors Courts Consider in Custody Decisions

Courts prioritize the child’s best interests. Key factors include:

• The child’s relationship with each parent.
• Each parent’s ability to provide a stable environment.
• The child’s preference, if old enough to express one.
• Evidence of abuse or neglect.

Overview of Child Support Laws

Nevada law requires parents to provide financial support for their children. The amount is based on:

• Each parent’s income.
• The number of children involved.
• Custody arrangements.

Sample Child Support Percentages (Based on Gross Income)

Number of ChildrenPercentage of Income

1: 16%

2: 22%

3: 26%

Four or more: 28%

Parents can request modifications to child support orders if circumstances change, such as a job loss or increased income.

Domestic Violence and Protective Orders

Domestic violence is a serious issue that affects families emotionally, physically, and legally. If you are in danger or have been harmed, there are legal protections available to help keep you safe.

What Constitutes Domestic Violence in Nevada?

Domestic violence involves physical harm, threats, or controlling behavior in a domestic relationship. Common examples include:

• Physical abuse (hitting, slapping, or choking).
• Emotional abuse (threats, intimidation, or manipulation).
• Sexual abuse.
• Stalking or harassment.

In Nevada, domestic violence laws apply to spouses, partners, co-parents, and even roommates.

How to File for a Protective Order

A protective order, sometimes called a restraining order, is a legal tool to prevent further abuse or contact from the abuser.

1. Who Can File
2. Victims of domestic violence or someone who fears harm can file.
3. Where to File
4. Protective orders can be requested at family court or justice court in Las Vegas.
5. Types of Protective Orders
   • Temporary Protective Orders (TPOs): These last up to 45 days and can be issued quickly.
   • Extended Protective Orders: Protect for up to two years.
6. What Happens Next
7. Your request will be reviewed by a judge. If approved, the abuser will be notified, and the protective order will take effect. Violating a protective order carries severe penalties.

Legal Support for Victims

An attorney helps you manage the process, protect your rights, and present your case effectively. If you’re facing domestic violence, we can help you take legal action to regain safety and control over your life.

Paternity Cases

Paternity cases establish legal fatherhood. This can impact custody, child support, and the child’s sense of identity.

Why Is Establishing Paternity Important?

• For the Child:
  • Access to medical and financial benefits.
  • I understand family history.
• For the Parents:
  • Legal rights for fathers, such as custody or visitation.
  • We shared financial responsibility for the child.

Rights and Responsibilities of Parents

Once paternity is established, both parents have equal rights to:

• Seek custody or visitation.
• Make important decisions for the child.

They also share the responsibility of providing financial support.

Legal Processes for Establishing or Disputing Paternity

1. Voluntary Acknowledgment
   • Parents can sign a form at the hospital or later to confirm paternity.
2. Court-Ordered Paternity Testing
   • If paternity is disputed, the court may order a DNA test to confirm the father.
3. Legal Filing
   • Either parent can file a paternity case in family court.

If you’re unsure about paternity or need legal guidance, we can help you through this process with care and professionalism.

Adoption and Guardianship

Adoption and guardianship create new family relationships. Both processes require careful legal work to ensure everything is handled correctly.

Types of Adoptions

• Stepparent Adoption: When a spouse legally adopts their partner’s child.
• Private Adoption: An arrangement directly between birth and adoptive parents.
• Agency Adoption: Placement of a child through a licensed adoption agency.

The Legal Process for Adoption in Las Vegas

1. Home Study
2. Adoption agencies may evaluate the adoptive family’s home and environment.
3. Parental Consent
4. Birth parents must agree to terminate their parental rights unless terminated by the court.
5. Court Approval
6. A judge reviews the case to finalize the adoption.

Guardianship Laws and Processes

Guardianship grants a person legal responsibility for a child or incapacitated adult.

Types of Guardianship

• Temporary Guardianship: Short-term care during emergencies.
• Permanent Guardianship: Ongoing care when a parent cannot fulfill their role.

Steps to Establish Guardianship

1. File a petition in family court.
2. Notify all involved parties.
3. Attend a court hearing to determine if guardianship is in the individual’s best interest.

Adoptions and guardianships are life-changing events. Our attorneys carefully guide families through these processes, ensuring legal compliance and smooth transitions.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements protect individual interests and clarify financial matters in marriage. They help couples avoid disputes and uncertainty.

What Are Prenuptial Agreements?

A prenuptial agreement, or “prenup,” is a legal contract created before marriage. It outlines how assets, debts, and property will be divided if the marriage ends.

Key Features of a Prenup:

• Specifies ownership of assets brought into the marriage.
• Safeguards business interests.
• Outlines spousal support obligations.
• Allocates responsibility for debts.

What Are Postnuptial Agreements?

Postnuptial agreements are similar to prenuptial agreements but are created after marriage. They address changes in finances, property, or circumstances while married.

Common Reasons for a Postnup:

• Receiving a significant inheritance or gift.
• Starting a new business.
• Adjustments to financial contributions or roles within the marriage.

How Are These Agreements Enforced?

For an agreement to be valid, it must meet these criteria:

• Both parties entered willingly.
• Both had full knowledge of each other’s finances.
• The terms are fair and not overly one-sided.

Having an experienced family law attorney draft or review the agreement is essential to ensure it complies with Nevada laws.

Grandparents’ Rights

Grandparents can play a significant role in a child’s life. Nevada law recognizes this by allowing grandparents to request visitation or custody under specific circumstances.

When Can Grandparents Seek Visitation?

Grandparents may request visitation if it is in the child’s best interests. Courts typically evaluate:

• The existing relationship between the grandparent and child.
• The child needs the grandparent’s presence.
• Whether visitation would disrupt the child’s routine or family dynamic.

When Can Grandparents Seek Custody?

Custody may be granted if:

• The parents are unfit or unable to care for the child.
• The child is at risk of harm in the parents’ care.
• The grandparents have already been the child’s primary caregivers.

Legal Process for Grandparents’ Rights

1. File a petition in family court.
2. Provide evidence showing the child’s best interests.
3. Attend a court hearing where the judge evaluates the case.

Our attorneys help grandparents navigate these legal challenges, ensuring their concerns are heard in court.

Fathers’ Rights

Fathers’ rights in Nevada are based on fairness. The law ensures that fathers have the same opportunities as mothers to seek custody, visitation, and decision-making power.

Establishing Paternity

Paternity must be legally recognized so that fathers can exercise their rights. This can be done through:

• Voluntary acknowledgment.
• Court-ordered DNA testing.

Custody and Visitation Rights

Fathers can seek physical or legal custody based on what benefits the child. Visitation schedules help fathers maintain relationships with their children, even without custody.

Factors Courts Consider:

• The father’s involvement in the child’s life.
• The ability to provide a safe and stable environment.
• The child’s relationship with both parents.

Fathers Facing Parental Alienation

Parental alienation occurs when one parent manipulates the child to reject the other parent. Courts take this issue seriously and may adjust custody to protect the child’s relationship with both parents.

If you’re a father seeking to protect your rights, we can guide you through the legal process and advocate for your role in your child’s life.