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Family Law

Hiring a family law attorney who is compassionate, knowledgeable and fair is imperative when you are dealing with family life issues.

Whether you need help drafting a premarital agreement, assistance with a divorce, or child custody and support issue, The O’Mara Law will put your interest first and provide you with the necessary legal advice and assistance. David will guide you through every bump and hurdle of the family law process and you will receive immediate assistance from him and the staff.

  • Alimony and Spousal Support
  • Child Custody, Support, and Visitation
  • Child Relocation
  • Divorce
  • Family Law Mediation
  • Grandparent Rights
  • Collection OF Unpaid  Spousal or Child Support
  • Modification of Alimony or Child Support
  • Modification of Child Custody and Visitation
  • Prenuptial and Postnuptial Agreements
  • Termination of Parental Rights

Alimony and Spousal Support

In Nevada, alimony is also referred to as spousal support.  The amount of money one spouse receives in support from the other spouse is determined by court order or through agreement of the parties. Nevada spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

Spousal support is not guaranteed just because the parties were married and the support will terminate upon the death of either party or the remarriage of the recipient, unless otherwise stated in the court order.

Contact the O’Mara Law Firm about your spousal support rights, including modification of those rights.

Divorce

Nevada law requires that in order to obtain a divorce, you or your spouse must be a Nevada resident.  A person is a Nevada resident if they have lived in Nevada for at least six weeks prior to filing for a divorce and have the intention to make Nevada their home going forward.  A married couple can obtain a divorce either by filing a Joint Petition for Divorce (Uncontested Divorce) or by filing a Complaint (Contested Divorce).

JOINT DIVORCE: In order to file Joint Petition for Divorce, you and your spouse must agree to all of the significant terms, including, the division of assets and debts and the issue of spousal support, if any.  In cases that involve children, you and your spouse must agree to the terms of custody, visitation and child support.

The O’Mara Law Firm can assist you in negotiating the terms, drafting the Marital Settlement Agreement and the other documents necessary to obtain a divorce.  In many cases, the divorce can be finalized in a matter of days or weeks.  The firm can also work with your spouse’s attorney to resolve areas of disagreement without going to Court.

CONTESTED DIVORCE: Contested divorces are always difficult and emotionally draining on both parties.  When you and your spouse can not agree on the significant terms, like the division of assets and debts or the issue of child or spousal support, one party will have to file a Complaint for Divorce.  Contested divorces are typically longer, more expensive and more emotionally draining than an uncontested divorce. The O’Mara Law Firm can help you understand your rights in a contested divorce and will aggressively advocate on your behalf.

Contact the O’Mara Law Firm to discuss what divorce option is best for you.

Child Custody, Support, and Visitation

When parents divorce or separate, or cannot agree about co-parenting of their child(ren), decisions regarding the children can be extremely stressful and emotional and disputes can erupt.  In some cases, one parent refuses to allow the other to see the children.

When determining the custody, support and visitation of the children, parents need to become familiar with the different kinds of custody and visitation requirements and support calculations set by Nevada law.  In most cases, the parents share joint legal custody of their joint children and will be encouraged to confer with each other regarding any parenting decision regarding the children.

Physical custody is where the children will be sleeping at night.  In Nevada, public policy dictates that both parents are entitled to remain an active part of the child or children’s lives, even after divorce or separation and even if both parents were not previously active in raising the children.  In some cases, even though one parent was the primary caretaker of the children, the other parent is still entitled to have equal or close to equal time with the children.

VISITATION:  A child visitation schedule, in many cases, is the most difficult decision parents must make when they end their relationship or marriage.

When creating a child visitation schedule, working with the other parent may prove to be difficult, but it is truly in your child’s best interest to do so. Parents have intimate knowledge of their child’s day-to-day routines and his or her specific needs and wants. Cooperating with the other parent will ensure your child visitation is created by the parents, the people who likely know the child best, and not a court mediator or judge. The schedule can be as unique as your child is. When the other parent refuses to cooperate it is important that you have an advocate to help you make sure your visitation rights are protected.

CHILD SUPPORT:  Parents are responsible for their children’s necessities of life.  Nevada requires a parent to pay the other parent support for the needs of their children based on the parent’s gross monthly income.  Child support is calculated differently depending on whether the parties share joint physical custody or one parent has primary physical custody.  When a parent has primary physical custody, the other parent is required to pay a percentage of his or her gross monthly income. When the parents have joint custody of the children, each parent has a child support obligation to the other and the two amounts offset.

In some cases, the paying parent is entitled to deviations against their child support obligations for paying for the children’s medical insurance premium, cost of travel, and costs associated with the support of another child.

Every custody arrangement has its own special circumstances and no case is alike.  Children are constantly growing and changing and it’s the parents’ responsibility to work together to make sure the child(ren) are provided with the necessities of life, including a food, education, and health care. Typically the parents must also share in the cost of extra-curricular activities.

If you are in need of legal representation or advice regarding your child custody and support obligations or rights, contact The O’Mara Law Firm to get advice on your specific case.

Child Relocation

The relocation of your child to another state or country can be extremely emotional.  Nevada law permits a parent to seek permission to relocate the child regardless of whether the parent has primary physical custody or joint custody of the child.

Relocation is a serious issue that needs to be addressed as soon as one parent becomes aware of the possibility that relocation might be necessary or desired.  If you want to relocate with your children or stop the other parent from relocating with your child, please contact The O’Mara Law Firm as soon as possible to assess your case.

Collection OF Unpaid  Spousal or Child Support

In most cases, a person seeking to collect unpaid spousal or child support can utilize the services of the Family Support Division of the District Attorney’s office to collect child support. You also have the right to collect the unpaid support through private means. If you want to bring a private action, the O’Mara Law Firm can assist you with this process.  Typically the amount of arrearages must be significant to warrant the expense of a private attorney pursuing the unpaid amounts.

Family Law Mediation.

Litigation is not always the best way to resolve legal disputes. Mediation is an alternative way to end conflict and to solve problems where the process and the outcome are controlled by the parties instead of by the court system.  The process is a fair and effective way to revolve your family law issues and minimizes your legal expenses.

Mediation is a confidential and private process in which the O’Mara Law Firm acts as a neutral mediator to help you reach an agreement between parties (spouses, former spouses, co-parents) in lieu of having the Court make the decision.

Each party may (and should) have his/her attorney participate in the private, informal mediation process. The mediator has no authority to force a party to enter into an agreement, but a properly executed mediation agreement is an enforceable contract.

Contact The O’Mara Law Firm for more information about our Family Law Mediation services.

Grandparent Rights

Nevada grandparents have legally defined rights to visit their grandchildren in certain situations. However, if a parent of a child denies or unreasonably restricts visits with the child, there is a presumption under Nevada law that grandparent visitation will not be in the best interest of the child.  Grandparents may rebut this presumption against visitation rights if they can prove by clear and convincing evidence that visitation with the grandparents is in the best interest of the child.

Contact The O’Mara Law Firm to discuss whether enforcement of grandparent rights is an option for you or to defend against efforts to enforce a relationship with your child where you do not believe such relationship is in your child’s best interest.

Prenuptial and Postnuptial Agreements

If you are engaged, married or cohabiting with another person, you may enter into agreements defining your property rights, and, depending upon the type of agreement, your support and other rights and obligations.  In many cases, a well drafted agreement can be used as the foundation of your estate plan and may reduce the cost and uncertainty of litigation should the relationship end.

Contact The O’Mara Law Firm to discuss whether a prenuptial or postnuptial agreement is right for you.

Modifications in Alimony or Child Support

If you have already obtained a child support order from the Court, you may have it reviewed every three years, or sooner if there has been a material change of circumstance warranting a different level (up or down) of support.  If the other parent’s income increases or decreases by 20%, then a modification might be warranted.

Modification of alimony is difficult. However, in some cases alimony is modifiable by either party, upon establishment of a material change of circumstance.

Contact The O’Mara Law Firm to discuss whether your facts could support a change in alimony of child support or to obtain representation when the other parent is trying to change the arrangements.

Modifications in Child Custody and Visitation

If there has been a material change of circumstances in your or your child’s life, you may be able to modify custody and visitation.  At any time during the minority of the children, custody or visitation may be modified to provide for a different custodial or visitation arrangement if it is in the best interests of the children.

Contact The O’Mara Law Firm to discuss whether your facts could support a change in custody and visitation arrangements or to obtain representation when the other parent is trying to change the arrangements.

Termination of Parental Rights And Adoption

The termination of a parent’s rights is “tantamount to imposition of a civil death penalty.”  The Court may only terminate one’s parental rights if there is parental fault and termination is in the best interest of the child.

David has successfully terminated parental rights and defended against the termination of parental rights for his clients.

The Firm does not seek or place children for adoption, but we do handle adoptions in conjunction with the termination of one parent’s rights.  If you are married, it is possible to have your spouse adopt your child in conjunction with proceeding terminating the parent rights of the child’s legal or biological parent.

Contact The O’Mara Law Firm to discuss your questions regarding termination of parental rights.

Like all information in this website, this information is provided for informational purposes only and does not constitute legal advice.  This information is subject to the disclaimer.