When separation or divorce is eminent, the disposition of marital assets and liabilities can result in an unfair outcome for you without the representation of an experienced Property Division Attorney. Since Property Division Law varies from state to state, it is important to first determine if Nevada has jurisdiction over your case. If one or both spouses resided in Nevada for at least six weeks prior to filing with the court, there would be personal jurisdiction. However, in some circumstances this may not be the case.
The first step in protecting yourself is to consult a Property Division Lawyer to be certain your action is filed in the proper jurisdiction. The experienced and compassionate attorneys at The Hill Law Group are here to help guide you through managing complicated divorce and property division issues.
What this means is that the assets, holdings and resources owned by a husband and wife and acquired during their marriage are presumed to be community property. When a marriage ends, whether by divorce or death, the distribution of such is governed by Community Property Law. If the parties are unable to reach a mutual agreement of the distribution, the court then applies the law to order the equal disposition of the community property. All community property is divided 50/50. However, the court can make an unequal disposition of the community property for compelling reasons.
Hiring an expert Division of Property Attorney is crucial in compelling the court in your favor and defending against your spouse’s efforts to prove otherwise.
The court must first determine its authority over specific property to establish whether it is community or separate property. Any property acquired prior to the marriage is presumed to be separate property. All property acquired during the marriage is presumed to be community property. It is only the community property that the court will rule over.
Community property generally includes four types of property acquired after marriage.
Unfortunately, there is usually disagreement between spouses as it relates to categorizing property, especially if the marriage has been of a short duration. The comingling of funds and resources over time must be sorted out by presenting to the court credible documentation. A Division of Property Lawyer will develop the appropriate strategy and supporting materials necessary to identify assets in either category.
The distribution of the community property must then be properly valued. An experienced Equitable Distribution Attorney will have the resources and methods to establish values for both real and personal property. An Equitable Distribution Attorney will examine many of your documents to prove value as documented in tax returns, checking and savings accounts.
Choosing a professional Divorce Attorney who knows how to analyze your documentation can make all the difference in the outcome of your case.
In most cases, separation and divorce is an adversarial event. Once the legal ball begins to roll, it is a common mistake to take your spouse’s word at face value when it relates to assets. Hiding assets is predictable. Your spouse’s friends, family and employer can be persuaded to conceal information and an experienced Family Law Attorney will be savvy in assisting you to dig out the truth, advocating on your behalf and professionally representing you in court with credible documentation and testimony.
The Hill Law Group in and MyVegasFamilyLaw.com stands on its reputation to fight for your best interests throughout the entire process of separation or divorce.
"Shauna's courteous professionalism was exemplified by the way she managed my case. Her responses to all my questions were always timely, along with those of her assistant...[more]"- Olga W.
"Robert and Shauna both cared about my case and what I wanted. I did not feel like I was just a client, I knew they really cared about my case. They were honest...[more]"- Gavin S.
"In Feb of 2012, I went to Shauna and Robert Hill for a Divorce. It was handled in a very professional manner. And was dealt with quickly. With their professionalism...[more]""- Patrick W.