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.

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