Las Vegas Family Law Attorney
Henderson Nevada Divorce Lawyer
Family law is a multi-faceted area of law that deals with family relations, and encompasses such areas as:
- adoption
- child custody and visitation
- children's rights
- child support
- spousal support (alimony)
- separation agreements
- civilian and military divorce (dissolution of marriage)
- marital property division (equitable division)
- elder law matters
- estate planning
- estates and trusts
- wills and will contests
- probate
- insurance
- cohabitation agreements
- pre-marital (pre-nuptial) agreements
- marriage and other legal issues pertinent to the family
Brian attended the University of Arizona where he majored in Philosophy and graduated with distinction, receiving a Bachelor of Arts in 1986. He then attended the University of Southern California where he received his Master of Health Administration. Brian later attended Southwestern University School of Law, graduating with a Juris Doctor in 1993.
Brian worked in healthcare law and insurance defense before starting his family law practice in 1996. He was drawn to family law for many reasons. Recognizing that many people have been through divorce, custody and other family matters, Brian also found that there is a diversity in family law that is unlike any other area of practice. A self-proclaimed child advocate, Brian views situations involving children to be the most important cases. "It is not always a happy business," Brian remarks about family law, "however, we do what we can to make our clients lives and circumstances better."
Brian worked in healthcare law and insurance defense before starting his family law practice in 1996. He was drawn to family law for many reasons. Recognizing that many people have been through divorce, custody and other family matters, Brian also found that there is a diversity in family law that is unlike any other area of practice. A self-proclaimed child advocate, Brian views situations involving children to be the most important cases. "It is not always a happy business," Brian remarks about family law, "however, we do what we can to make our clients lives and circumstances better."
What is a divorce?
A divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. These reasons given are referred to as the grounds for divorce.
What is a legal separation?
Legal separation is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property and debts. The process of legal separation is sometimes called separate maintenance. A decree of separate maintenance cannot later be converted to a divorce decree. If parties in a legal separation later desire a divorce, they must file a new divorce action.
Does one have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Each jurisdiction has established its own body of law by which this procedure is accomplished to give it full legal effect. The various states have enacted statutes that govern the procedures by which this is done. Other than the termination of the marital estate the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
What is child support?
Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
What is child support used for?
Child support covers everything a child needs, and even more, during the growth and formative years. Keep the following in mind: A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent’s living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent’s other relationships). Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent’s elevated standard of living despite custodial parent’s substantially lower income. Awarding supported children a percentage of a non-custodial parent’s future bonuses ensures they will share in his standard of living.
Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.
A divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. These reasons given are referred to as the grounds for divorce.
What is a legal separation?
Legal separation is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property and debts. The process of legal separation is sometimes called separate maintenance. A decree of separate maintenance cannot later be converted to a divorce decree. If parties in a legal separation later desire a divorce, they must file a new divorce action.
Does one have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Each jurisdiction has established its own body of law by which this procedure is accomplished to give it full legal effect. The various states have enacted statutes that govern the procedures by which this is done. Other than the termination of the marital estate the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
What is child support?
Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
What is child support used for?
Child support covers everything a child needs, and even more, during the growth and formative years. Keep the following in mind: A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent’s living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent’s other relationships). Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent’s elevated standard of living despite custodial parent’s substantially lower income. Awarding supported children a percentage of a non-custodial parent’s future bonuses ensures they will share in his standard of living.
Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.
Additional Questions or need further information?
Brian Steinberg
Steinberg Law Office
4 Sunset WaySuite A-6 Sunset Vista Prof
Henderson, NV 89014
Phone: 866-286-4801
Fax: 702-436-5364