Family Law / Domestic Relations

Family law, also known as domestic relations, covers a wide variety of areas including:

  • prenuptial agreements, 
  • divorce, 
  • spousal support or alimony, 
  • child custody & visitation, 
  • child support, and 
  • modifications of previous court orders. 

At Andrews Law Firm we have the resources and experience to help you with your family law needs. Call (702) 479-1400 today to make an appointment to discuss your individual needs.

Prenuptial Agreements

Naturally, people don’t often go into a marriage with the expectation that it will end in divorce. In spite of this, in many cases a person can benefit from a pre-nuptial agreement. If there is a significant imbalance in the assets that two people own when they enter a marriage, it is often wise to assure that the distribution in the event of a divorce is equitable. Most pre-nuptial agreements contain provisions limiting the distribution of marital property, and alimony in the event of a divorce.

By making agreements before marriage about how property should be divided, not only can you avoid the potential of expensive and confrontational divorce litigation, but in many cases the parties understand up front what the others’ financial expectations are as they enter the marriage.

Also, it is not uncommon for a person to get married for a second or third time. In addition to accumulated assets, there may be children whose needs must be considered before entering into another marriage.

Divorce

Even under the very best of circumstances, a divorce is an emotionally stressful and challenging ordeal. Divorce involves reorganizing the legal, financial, and social relationships between you and your spouse.

Incompatibility is the most frequently cited reasons for filing for divorce. Nevada is a “no fault” divorce state. This means that you do not need to make nor prove allegations of adultery, mental cruelty, etc. to obtain a divorce.

Once you reach the decision to divorce, it is important to protect your rights as early as possible. The decisions you make at the time of separation, and during the divorce process, are critical to your rights regarding temporary spousal support, property settlements, alimony, child-related issues and many other considerations.

Our primary goal is to conclude each divorce case as efficiently as possible, without ever compromising your rights. We also take a no-nonsense approach to uncooperative spouses and the divorce lawyers who represent them. Andrews Law Firm will not hesitate to litigate a matter when necessary. You can rely on Andrews Law Firm to remain focused on your best interests, and the best interests of any children affected by the dissolution of your marriage.

Spousal Support or Alimony

Alimony is included in many, but not all, Clark County divorce cases. Alimony payments are usually made in specific amounts, paid for a defined period of time, and begin after the divorce decree is granted. Temporary spousal support, on the other hand, is made from one spouse to the other before the divorce is finalized. Alimony can be based on many factors including, but not specifically limited to:

  • The length of the marriage, 
  • The relative ages, health, and earning capacities of the parties, 
  • The relative financial condition each party will be left in after their divorce matter is concluded.

There is no one mathematical formula that is used in all divorce cases. At Andrews Law Firm we know what alimony amounts can be reasonably expected, based on our experience with the Clark County Family Court judges.

Child Custody & Visitation

Child custody is probably the most important and emotionally challenging issue parents facing divorce have to resolve. There are two forms of custody in Nevada: legal custody and physical custody.

Legal custody involves decisions such as schooling, health care, and religious issues. Joint legal custody, where both parents have equal rights, is the most common form of legal custody in Clark County divorce cases.

Physical custody involves where the children live, with whom they live, and for what period of time. Joint physical custody, where both parents share equal time, is often granted. The tendency of the courts is to keep both parents actively involved in the upbringing of their minor children.

There are however, certain situations where one parent may be awarded primary physical custody. This means that they have the children living with them the majority of the time, and they are the primary caregiver for the day-to-day needs of the children. Primary physical custody for a child is determined by the court based on a standard called “the best interests of the child.”

The most common reason for one parent having primary physical custody is that you and your spouse agree that it makes the most sense. The second most common reason is convenience. In cases where you and your spouse will be (or are) living far away from each other, it is not possible to share equal time. One parent’s work schedule or related travel can also make joint physical custody impractical.

There are also unfortunate situations where one parent may not be fit to share joint physical custody. If one parent has domestic violence, drug, alcohol, criminal, or mental stability issues, they may not be fit to share equal time.

Child Support

Every parent has the legal obligation to financially support his or her children. In structuring a divorce, the court will order one parent to pay the other parent support for the child in order to better provide for the needs of the child. The amount of child support is established by statute, and considers both the custody arrangements and the income levels of both parents. However, the court can deviate from that amount under special circumstances.

If one parent has primary physical custody, the mathematical formula is based on the paying parent’s gross income. If both parents share joint physical custody, the formula is based on the difference between the two incomes of the parents.

Regardless of the calculations and presumptive maximums, there are certain factors that can also affect child support amounts including, but not limited to: private school tuition, health insurance, day care expenses, academic tutoring, sport and other extra-curricular activity costs, and special medical needs.

At Andrews Law Firm we are well experienced in looking beyond the strict mathematical formulas and evaluating the full scope of child support issues.

Modifications of Previous Court Orders

No order for custody or support is permanent. A child support order can be reviewed every three years, or sooner, if a material change in circumstance can be shown. Likewise, a parent can ask the court for a modification in the child custody arrangements. To modify an order which granted one parent primary custody, the non-custodial parent will have to show that there has been a substantial change in circumstances in the child’s life, and that the best interest of the child would be served by the modification. To modify an order granting joint custody, a parent will have to show that a change in custody is in the best interest of the child.