John E. Cereso, Managing Partner Nevada Law Group: Woman kept alive against family wishes after she suffers a blood clot to the lungs and is considered brain dead. Why can't doctors and the family pull the plug? She is pregnant. Read More

Nevada Domestic Partnership Law Benefits Gay and Straight Partners

The Nevada Legislature, after a long time controversy successfully signed the Senate Bill 283, known as the Nevada Domestic Partnership Act of May 2009.

This Act which became effective as of October 1, 2009 permits couples (both straight and gay) who are not married but in a committed relationship to have the same rights as married couples under Nevada law. It is important to note that the Act provides the same rights and benefits of marriage to those that want to be recognized as partners who are of the same sex and also imposes all the responsibilities of a married couple on the registered partners of a domestic partnership.  The sole exception under this law is spousal benefits from employment, which aren’t required to be recognized under the Act.

The main aim of the Act was to help any family unit that has a partnership other than a legally married, opposite sex couple and even separated couple who still live together. Nevada will legally recognize a domestic partnership between any of the above that have willingly entered into an intimate and committed relationship of mutual care.

For those who are willing to register as domestic partners in Nevada, they must meet these requirements listed below:      

• Both parties must have a common residence.                                                                                
• Neither of them must be married except to each other in another jurisdiction.                                               
• They should not be related by blood in any way that would not allow them to be married in Nevada.
• They must be above the age of 18 each.                                                                                                                       
• Both parties should be able to consent to the domestic partnership without anybody’s influence.

Registration is done by filing a notary declaration of domestic partnership application and the actual fees will be paid to the Nevada Secretary of State. For more information, the registration forms are available online for free or you can get forms at the Secretary of State’s Carson City or Las Vegas offices.

Once you are registered with your partner under this Act, you will possess the same rights as imposed on spouses. You will also be subjected to the same obligations and duties under the law and government policies. Furthermore, a domestic partner is entitled to non-discriminatory treatment rights as provided to spouses. Inheritance of properties when a partner dies even without a will, is also among the rights enjoyed by partners. There are also rights related to child custody, child support and adoption.

The Act strictly states that once you are registered, you will become subject to the community property laws that married couples are subject to in Nevada.

Nevada Law Group and John E. Cereso Managing Partner is dedicated to equality and will protect your rights in Las Vegas, Nevada. For more information about John E. Cereso visit his webpage at NevadaLawGroup.com

Thinking of Child Adoption in Nevada

Child Adoption in Nevada is a Vibrant and Dynamic Program

The state has more than its fair share of adoption need and social services struggle to find good homes for the ever increasing need.  Notwithstanding, the State of Nevada is determined to maintain its high standards of suitability screening.  Their stated goal:  “State adoption programs provide safe and permanent homes for children whose birth parents cannot care for them. The programs are child-focused, and designed to recruit and secure the best families available to meet children’s needs”.

There is always a tremendous need for families to adopt special needs children from the foster care system, who are unable to return to their birth families.  Prospective parents willing to adopt special needs kids generally don’t get placed on the waiting list.  Adoption is a rewarding experience but you have to understand that adoptive children come with all the same demands and issues as those who remain in birth families, but you don’t have the benefit of knowing the experience the child had before coming into your orbit.

The criteria for being considered suitable are wide ranging and include: People of any race, religion or no religious preference, those who work outside the home, renters or people who own their own homes, high or low incomes, with or without other children over age 21; however, all applicants must be at least ten years older than the person being adopted, married or single people; however, if married, the spouse must also be a party to the adoption.

The procedure for being cleared to adopt is straight forward and includes: Attendance at an orientation of foster/adoptive parent class, home study, referral and selection of an adoptive family for a particular child through a matching process, visitation and placement of the child with the adoptive family, a minimum of six months of post-placement supervision and support services and court finalization of the adoption.

You must expect to go through the mill a little. The authorities will want to know as much about prospective adoptive parents as possible.  They will take references from people who know you well and carry out a thorough criminal history and Child Abuse/Neglect (CANS) screening.  Not only will the parents undergo this procedure but other adults living in the home also.  There will be interviews and home visits with a social worker and physical examination for the applicants and household members.  The procedures are exhaustive and intrusive because they have to be.  Ultimately the whole procedure is worthwhile and many happy families are created with the adopted children going on to be successful in school, college and university and subsequent careers.

Don't Share Your Las Vegas Divorce on Social Media

Thinking of tweeting what an ass your soon to be ex is? Think again! 

Whenever we sign in to social media sites like Facebook, Twitter, Google+ and LinkedIn, we can easily come across several forums dedicated to those that have just gone through a divorce. The idea of these forums is to give advice, help and emotional support to those that have just gone through the trauma of splitting up with their spouse and are going through the motions of a divorce.

However, our strong advice is that you must not share your Las Vegas divorce on any social media. When you go through a divorce there will undoubtedly be a number of legal avenues that you and your ex-spouse must deal with. Issues such as what assets will be deemed as community property, how much pension has to be shared. Even if you are the breadwinner in a marriage situation, half of what you own in property will be usually given to your spouse in the eyes of Las Vegas legal law.

  

Entering details on social media sites like Facebook or Twitter is not recommended as there could always be legal repercussions for you when you get in front of the judge. The internet and social media are still relatively new to all of us and it still surprises us to learn that just a decade ago, very few people used social media to engage with friends or members. We have become so accustomed in such a short amount of time to live our lives through social media so it goes to say, when you are engaged in a bitter divorce, it is easy to lash out that very second and try to show your friends how badly you are being treated to get instant gratification that you are justified.

Most of are aware of the rules and policies of Facebook and Twitter and for the most part if you don't follow those policies you could be banned by either social media platform.  Most Facebook Friends and Twitter Followers will sympathize with your struggle but really don't appreciate being bombarded with snippy hate comments.  Many don't know how to react yet feel they need to support. But in the eyes of the Las Vegas divorce laws, any tweets of Facebook comments you put online can come back and prove to be detrimental in your fight to gain assets from your failed marriage.

  

What you can and cannot put on social media is very unclear but a good lawyer will find a way to hold any comments you make online at social media sites against you. Whilst it is probably OK to announce to your friends and family that you are now going through a divorce, any further details about your divorce should be left within the four walls of your solicitors offices and your very close friends and family members.

  

Put simply, it just isn’t worth going through the public web feeds of Facebook, LinkedIn, Google+ and Twitter to give any details regarding your Las Vegas divorce.

Las Vegas Divorce Why You Should Avoid Bitterness When Dividing Assets

According to John E. Cereso, Managing Partner Nevada Law Group, "When a couple go through the trauma and upheaval of a divorce, there is still much pain and heated debate surrounding the division of assets to be sorted, and Las Vegas divorce proceedings have all the potential to be problematic." To get the asset division just right and one where all parties can agree upon the final resolution requires extensive knowledge of LasVegas divorce law as well as skill in evaluating any securities, business assets and outstanding pensions.

More often that not during a Las Vegas divorce proceeding, one party may try to conceal assets so an investigation by a Las Vegas divorce lawyer or private detective can often become necessary. One of the main areas of one party's assets lies in property. In the case of community property, for example, any community property acquired through the term of the marriage from either spouse must be split 50/50. This is regardless of which spouse earned the money to pay for the property and who the breadwinner was during the marriage.

But what about property that was owned solely by one partner where a home may have been offered as gift from the other spouse, or even a family member. This is classed as separate property unless it has been converted to community property.  You should consult with a Las Vegas divorce lawyer in order to find out what your community property rights are.

What about the pension funds accrued during the term of the marriage where one spouse works and pays into a pension? In this instance any pension funds accrued while in marriage becomes subject to community property, meaning this must be shared equally between the two.

Liquid assets must also be considered because if one spouse gains full control of the family home, the other spouse must allow for enough money to pay for taxes accrued on the property and other funds and expenses, such as an HOA fee, renting a new home or apartment and having enough money to resettle.

Community property can also include debt that may have accumulated through the term of the marriage. If one spouse has accumulated credit card debt or loan debt then the money owed is considered to be community property and both parties must pay the sum off.

If you are contemplating divorce in Las Vegas Nevada Law Group offers free consultation to discuss all your questions.  Give us a call to talk to an attorney John E. Cereso, Managing Partner today.

Resources for your Divorce:
Family Court

 

John Cereso Legal Minute: Why You Should Keep Your Children Out of Your Divo...

John Cereso Legal Minute: Why You Should Keep Your Children Out of Your Divo...: Although most children are more resilient to the trauma of divorce or when their parents split up then adults will give...

Why You Should Keep Your Children Out of Your Divorce Proceedings

Although most children are more resilient to the trauma of divorce or when their parents split up then adults will give them credit for, they are not immune to some of the heartache and emotional wounds that are likely to occur. The unfortunate side of divorce is that the kids can ultimately suffer in many ways, particularly if they are still in the pre-teen stage of adolescence. More often than not, kids do not do well at school when their parents are going through a divorce and furthermore, kids who witness a marital break up of their own parents are twice as likely to go through a divorce themselves when they grow up.

There is also the damage that can be caused to education planning, or lack of it, in a divorce proceeding. When a child leaves school, he or she will want to have the opportunity to fund their college or university experience, but with only one parent now under their wing there is less chance that the pupil will get the necessary funding. In worse case scenarios, kids whose parents are going through a divorce are 25 percent more likely to experiment with drugs or alcohol before their 18^th birthday.

Adults Must Be The Mature Ones...

Avoiding these risks takes a huge act of maturity from both the parents. They may be at war and within a legal state of division, but the children should not be held accountable and cannot suffer as a result of divorce proceedings. When two people are going through a divorce where children are concerned, there has to be an agreement and compromise when dealing with matters concerning the kids.

Although children should be left out of the divorce proceedings, parents must not abandon the child. If one parent chooses willingly to move out of the community property then he or she must keep in regular contact with all the children, even if the access rights are agreed via the legal route. Another risk factor for kids is when parents split up, a child often suffers from a deteriorating state of financial gloom. This is why it's so important that the divorce assets are split fairly and even favour the parent that ends up taking custody of the children.

Parents that are going through a divorce must leave children out of the proceedings but must also mutually agree that the welfare of the child has to be paramount and becomes a mutual priority among the divorcing couple.

Here are some helpful resources for families going through a divorce:

The Importance of Fathers in The Healthy Development of Children

The Effects of Father Involvement by Father Involvement Research Alliance

John E. Cereso of Nevada Law Group is an active member of the community, John Cereso is a member of the Nevada State Bar Association, American Bar Association, Clark County Bar Association, American Association for Justice, Nevada Trial Lawyers Association, National Lesbian and Gay Lawyers Association, Las Vegas Chamber of Commerce, Sin City Chamber of Commerce, Delta Theta Phi Legal Fraternity and Phi Mu Alpha Sinfonia Fraternity.

When you hire Nevada Law Group you hire an attorney not a paralegal. For more information or resources concerning Las Vegas divorce please visit our website or call Nevada Law Group for a free consultation in our office.

Las Vegas The Legal Minute

Nevada Law Group John E. Cereso Managing Partner

Same Sex Marriage

Many Australians traveling to New Zealand now that same sex marriage is legal in that country. Read more of the report in the Las Vegas Guardian Express.

Same Sex marriage is still not legal in the state of Nevada since 2002 and 2004 Nevada voters agreed that a marriage should be defined as a union between one man and one woman. However, Nevada does recognize domestic partnerships which includes same sex couples.

Lambda Legal Defense and Education Fund filed a lawsuit in Nevada against the 2002 constitutional amendment saying is violates the U.S. Constitution. The judge ruled against the lawsuit in 2012 that challenged the definition of marriage as one one and one man.

Former Las Vegas Family Court Judge Dies  

One of the first three judges elected by residents of Southern Nevada to Las Vegas Family Court passes away on August 14, 2013, Rest in Peace, Terrance P. 'Terry' Marren

John E. Cereso Managing Partner Nevada Law Group

Do you have questions concerning Bankruptcy in Las Vegas, Nevada? Do you want to know if you can keep your house, if you can keep your car, if you keep your TV or assets? Get the legal facts about filing a Bankruptcy in Nevada. Watch this short video on Las Vegas Bankruptcy by Attorney, John E. Cereso, Managing Partner Nevada Law Group.

For more information on Bankruptcy in Nevada please contact our offices at 702-946-8100 • 701 N Green Valley Parkway • John E. Cereso Family Law and Criminal Law.

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John E. Cereso Speaks w/FOX 5 | Nevada Law Group

Las Vegas Family Court Sexual Assault

Video Goes Viral
A Las Vegas Family Court House Marshall, Ron Fox was fired in the wake of an investigation of a sexual assault of a woman who was in Las Vegas Family Court for a divorce hearing. KLAS TV Channel 8, reported on the cover up in March 2011, that lead to the investigation of several employees, managers and a judge that within days lead to the firing of Marshall Fox.

The video of Monica Contreras, who was arrested by Las Vegas Marshalls' after she complained to the Judge that she was wanted a female Marshall to perform the search has gone viral prompting further investigations in the Las Vegas Family Court system.


Child Sex Exploitation
Former softball coach from Clark County School District receives 23 years in federal prison for child sex exploitation.


National Night Out, August 6, 2013
Tonight is National Night Out sponsored by Las Vegas Metropolitan Police Department. Find an event near your neighborhood.

Alimony Support in a Divorce Las Vegas

Family Court Las Vegas

Alimony, is financial support that can be awarded from one spouse to another in a divorce. In Las Vegas and across the country more women are working and becoming the bread-winners in today's families and judges are awarding more ex-husbands alimony. Any spouse can file for alimony and many factors are determined in that judgement. If you are thinking of divorce and need advice on Alimony understand the process and the Nevada laws governing Dissolution of Marriage. Unlike a child support calculator, an Alimony Calculator cannot determine what the divorcing spouse will be entitled too or granted since there are many factors for determining alimony by the Las Vegas Family Court.

ALIMONY Calculator factors

• How long the divorcing couple has been married
• Each couple's career during the marriage
• How employable is each spouse
• What skills, education or training of spouse
• How each spouse contributed as homemaker
• Divorcing couple financial condition and value of property and assess 
• Each couples age, health and can they earn a sustainable living
• Did the spouse give up a career

Laws in many cities out-dated and several organizations looking to change alimony laws. Read More

Family Court Las Vegas

Family Court Las Vegas

Children and Sex Crimes

It is difficult for parents when they find themselves with a juvenile that has been convicted of a sex crime, Nevada Supreme Court has just upheld Juvenile Sex Registration. Read More

Child Trafficking in the U.S. is under the watchful eye of the FBI and while we would like to think our children are safe in our own city of Las Vegas, Nevada, that is far from the facts. Read More


If your child is facing a crime contact us at Nevada Law Group, I will protect your child's rights.

City of Las Vegas Family Events

Safe Summer Nights August 6, 2013

Matt Kelly Elementary School, located at 1900 N J. Street in Down Town Las Vegas from 6 p.m. to 8 p.m.  Sponsored by The City Of Las Vegas this free event is a great time for children to come out and meet neighbors, local vendors, play games and listen to music. Free hotdogs and water while supplies last.

Get more information about family activities in Las Vegas, health services, community safety and adult education.

Nevada Law Group

Family Court Las Vegas

Paris Las Vegas to host Institute for Divorce Financial Analysts™ 20th Anniversary conference September 30 to October 2, 2013. Topics will include: "A View from the Bench and the Bar", "eMarkeing your Practice", "US Tax Bootcamp". For more visit Institute for Divorce Financial Analysts™

Family Court Immigrant Rights

The Family Court will not report immigration status. If police become involved with a case because of order violations due to an arrest the immigration status could cause problems. It is best to seek an Attorney so you understand and protect your legal rights.

Family's In The News

Center for Disease Control and Prevention release new report

Breast Feeding on the Rise

Gay Marriage taking place in Minnesota and Rhode Island as they became the latest U.S. States to allow Same-Sex Marriages

John E. Cereso Nevada Law Group

Child Custody

John E. Cereso

John E. Cereso, Esq. and the Nevada Law Group have substantial experience in the field of custody law. One of the frequent questions we get from fathers in Henderson and Las Vegas is what rights of custody do fathers have. Especially among unmarried fathers, the conception is that they have very little rights in the matter of who decides the amount of access they have to their children. 

The fact is that both parents have legal rights to their children regardless if they are married to each other or not. Starting from the time of the birth of the child, parents share equal parental rights. 

John E. Cereso comments, "Sometimes men run into problems establishing paternity, and that may make it difficult to assert the father's rights. A simple paternity test is usually the best way to establish parentage of the child and the associated rights that stem from it."

Nevada Law:

NRS 126.031 makes clear that the relationship that exists between father and his child, regardless of whether the parents were married at the time of the child’s birth:

1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of

Father Have No Custody Rights?

the parents.

2.  Except as otherwise provided in a court order for the custody of a child:

(a) Except as otherwise provided in paragraph (b), the mother of a child born out of wedlock has primary physical custody of the child if:

(1) The mother has not married the father of the child; and

(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered.

As the first paragraph unequivocally establishes, marriage does not factor into the rights of the father. However, in Section 2 (b) the law establishes that it is the mother who has "primary" custody of the child in the case of unmarried parents. The use of the word "primary" does not establish that the mother has sole custody but rather, she is the default custodian until decided by a court. Fathers are entitled to equal custodial rights to their children, but if unwed, must get an order from the Court in order to exercise those rights under this statute only if the father is not listed on the birth certificate.  If the birth certificate has been issued, then dad gets equal custodial and legal rights.

As far as establishing the paternity of the father, document NRS 126.053 is routinely issued to both the parents at the time of the birth of the child. If this document is not challenged within 60 days of signing, the paternity of the father is considered established. When this happens, subsection 2 of NRS 126.031 is negated by its own terms. Thus the parents have the same legal rights married or not. 

The mis conception that fathers have no custody rights to their children, if unwed, stems from the fact that law enforcement often defaults in favor of the mother. NRS 126.031 establishes that both parents have rights but does not answer the question of who has custody, it falls to the father to immediately file a complaint and motion to establish custody in the district court.  

John E. Cereso and Nevada Law Group recommend If you are a father in Nevada and you are attempting to assert your custody rights or establish the paternity of your child, it is very important for you to seek legal counsel. We at Nevada Law Group are here to help. If you have questions for John E. Cereso please email him at johnecereso@gmail.com.

"Stand Your Ground" Laws, A Brief History

The George Zimmerman trial may be over, but clearly the debate over race and law
enforcement rages on. At the center of the debate is Florida's "stand your ground law."
Here at Nevada Law Group, John E. Cereso, Esq. and his team have seen many cases
where race was at play but, unlike Florida, Nevada does not have such laws as "stand
your ground."

To understand the law it's helpful to take a look at its origin. Looking forward it stands to
reason that this is not the last time we are going to be discussing the controversial law.
Stand your ground laws are based on an old common-law doctrine. The old “castle
doctrine” held that someone attacked in his or her own home had no “duty to retreat”
before using deadly force to repel an attack. The main idea behind the law was to
protect home owners, who in the event of attack, had literally no where to run. It was
intended to shield innocent people forced to use deadly force from later being charged
with a crime.  There are some limitations on this, for example, you may only use the
force required and not excessive force depending on the situation.

The common law recognizes two kinds of self-defense. Justifiable homicide and
chance-medley. The first protected a defendant who was attacked. The doctrine
evolved from questions about the legal guilt of an executioner. After all, the hangman
or the axman intentionally takes a life. But he was “justified,” medieval courts held,
because the king ordered him to do it. The second “chance-medley” provision was
meant to protect a person in the event that a quarrel got out of hand and escalated to
the point where they had to use deadly force. A sort of kill or be killed scenario. When
the laws were adapted in the United States, their focus shifted from jurisdiction of the
King to individual protection.

In today’s world, we generally refer to self-defense or defense of others. For example,
if someone in a bar gets into an argument with you and begins to hit you, you have the
right to defend yourself, but, you have a duty to retreat if you are able (i.e. leave the
bar), and you may only use the necessary force to protect yourself, so, you can’t pull a
knife or a gun on a guy who is hitting you only using his fists. That having been said, if
the guy is pummeling you, necessary force might include a weapon to stop the attack.
Defense of others is the treated the same as self-defense, in that it places you in the
shoes of the person being attacked.

Over the past few years gun rights advocates have been very successful at convincing
policy-makers to broaden the law to include instances outside the home. Florida's
statute now states that a “person who is not engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be, has no duty to retreat
and has the right to stand his or her ground and meet force with force, including deadly
force if he or she reasonably believes it is necessary to do so to prevent death or great
bodily harm to himself or herself or another or to prevent the commission of a forcible
felony.” A person who uses deadly force “is immune from criminal prosecution and civil
action for the use of such force.” As you can see from a simple plane reading of such a
stand your ground law, it dramatically changes when and where a person can use force
against another.  While “defending your castle” is one thing, the “stand your ground”
laws are another level entirely and invite problems and passions to govern behavior in a
way that generally society feels is wrong.

Here for all of your legal needs,
John E. Cereso, Esq.
Nevada Law Group, John Cereso
Practicing in Family Law

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How To Form A Corporate Entity

John Cereso of the Legal Minute

Forming of a corporation

Get all the facts you should know from Nevada Law Group as a business owner when it comes to forming a corporate entity in the state of Nevada.

There are three types of business entities; the first is the sole proprietorship.  This is essentially every business that has ever been created that doesn’t fall into one of the other two categories’. Whether it’s a lemonade stand or a retail store every business that is formed that isn’t a corporation or partnership is a sole proprietorship.

In a sole proprietorship your business income is passed directly through your tax return and you have no corporation shield for any action taken against the business, which means you can be sued personally for anything your business does, whether it’s not paying a bill or harming someone.

The second type of business entity is a partnership. A partnership, put simply, is a sole proprietor that has two or more people. A dangerous part of a partnership is you are liable for the actions of your partner. The partner will have the ability to obligate you to debts through the business which will then flow down to you personally should the business fold because a partnership does not get a corporate shield or protection. There is also something called a limited partnership where you have a general partner who has un-limited liability and limited partners who don’t really have the kind of liability that a general partner will have.

There are a lot of nuances in the law regarding general partnerships and limited partnerships and you
must be very careful if you select this type of entity. Your business income in a partnership flows through your personal taxes as well in most cases.

The third and last type of entity is a corporation. A corporation under the law is a non-living entity and is treated as an actual person so far as the law is concerned, it is a type of legal fiction. So a corporation, for example, can sue in its own name for its own benefit.

In a corporation you form a board of directors who hire officers. Stockholders of a corporation are limited in their liability to the amount that they have invested. For example, if I purchase one hundred thousand dollars worth of stock in McDonalds the only money I could possibly be liable for is the one hundred thousand dollars that I have put in. If McDonalds is sued for ten million dollars they can’t come to me, the stockholder, to satisfy that judgment.

The negative part of a corporation is that it is double taxed. Corporations are taxed as a corporation meaning they pay corporate income tax, they then distribute profits to you personally and those profits are then taxed on your individual tax return so taxes are paid twice on the same money. This tax reason is one of the reasons why limited liability companies or LLC’s are the most popular entity formed.

The state of Nevada actually forms more companies and LLC’s than any other state in the country. Limited Liability companies or LLC’s provide you with the same level of protection that a regular corporation does. Members of limited liability companies are not personally liable for the debts of the business and they can’t be sued unless they personally commit fraud or gross negligence as part of the business.

LLC’s are generally cheaper and easier to form and maintain.  Most importantly, limited liability companies, just like corporations, have the ability to be taxed as a C Corp or an S Crop. Many clients are confused about what a C Corp and S Corp means to them as a business. A C Corp means you’re being taxed as a corporation and paying corporation income tax and paying double taxation with distributions to you on your personal income tax return.

S Corp’s, on the other hand, are taxed only on your personal income tax return and no corporation income taxes are paid. Whether your are an LLC or a regular corporation, the election of a C Corp or S Corp designation is strictly for tax purposes and has nothing to do with the underlying entity you are forming. Whether it is a corporation or an LLC, they are created to prevent you from being held personally liable.

Should you have any questions about forming a Corporation or LLC or would like to leave comments for John Cereso please refer to our website www.nevadalawgroup.com. Please visit John Cereso Facebook and Twitter to keep up with John Cereso Legal Minute