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

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 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.