Practice Areas and Legal Definitions

Annulments:
Dissolving a marriage so the individual was legally "never married". 

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that 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.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court requires that parent to get permission prior to the relocation. If the relocation is not agreed to by the non-moving parent, then the moving parent must seek permission of the court.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; and the kind of property involved. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Abuse and Neglect:
Defending allegations of abuse and neglect in family court and criminal court.

Name Changes:
Simple legal process to change your name, correct birth certificates, or correct other state issued documents.

If you or a loved one needs the help of an experienced Las Vegas Family Law attorney, call Maria Perez Avilez today at 866-292-1579, or complete the contact form provided on this site to arrange for a free initial consultation (first 15 minutes are free, an hour consultation is $100.00 for the first consultation, and after the first consultation, then a regular hourly rate of $300/hr will apply).

If you or a loved one needs the help of an experienced Las Vegas Family Law attorney, call Maria Perez Avilez today at 866-292-1579, or complete the contact form provided on this site to arrange for a free initial consultation (first 15 minutes are free, an hour consultation is $100.00 for the first consultation, and after the first consultation, then a regular hourly rate of $300/hr will apply).

ADDRESS OF THE FIRM:
Law Office of Maria Perez Avilez, PC
625 S. Eighth Street
Las Vegas, NV 89101
Phone: 866-292-1579
Hours: M-F, 9:00AM-5:00PM PST

MEMBERS OF THE FIRM:

Attorney Maria Perez Avilez

• Jurisdictions Attorney is Licensed in: Nevada
• Date Admitted to the Bar: 2000
• Education: Claremont McKenna College, Bachelor of Arts Dual Degree in Psychology and Spanish; University of Iowa College of Law, Juris Doctorate
• Professional Memberships & Achievements: Member Clark County Bar Association (Co-Chair New Lawyer's Committee 2003 – 2005); Member American Bar Association, Family Law Section; Member State Bar Of Nevada; Member Las Vegas Chamber of Commerce; Member North Las Vegas Chamber of Commerce
• Trial training: Family Law Trial Advocacy, American Bar Association Matrimonial Lawyer's Section, Houston Texas, May 2004 (ten day intensive trial advocacy course). National Institute for Trial Advocacy, Legal Services Advocacy Program, San Diego, California, Fall 2002.
• Publications: "In The Best Interests Of The Children: Visitation Rights For Foster Care Children," Communique, Clark County Bar Association, May 2004. Model Health Information Privacy Act, 25 Journal of Corporation Law 119 (1999), University of Iowa.
• Languages Spoken: Spanish

Common Form & Helpful Links

16.2 Requirements: PDF

Child Support Presumptive Maximums: http://www.nevadajudiciary.us/index.php/budget-news/312-presumptive-maximum-amounts-of-child-support.html

Clark County Assessor: http://www.accessclarkcounty.com/depts/assessor/Pages/assessor.aspx

Clark County Detention Inmate Search:http://redrock.co.clark.nv.us/ccdcincustody/inCustodySearch.aspx

Clark County Recorder: http://www.accessclarkcounty.com/RECORDER/

Court Calendars: http://courtgate.coca.co.clark.nv.us/

Family Law Self Help Center: http://www.clarkcountycourts.us/shc/index.htm

Financial Disclosure Form: Excel PDF

Legal Aid Center of Southern Nevada: http://www.lacsn.org

Long Distant Parent: PDF

Mandatory Cope Class: PDF

Nevada Court Rules: 

Nevada Legislature: http://www.leg.state.nv.us/

Schedule of Arrears: PDF

TPO Application: http://www.clarkcountycourts.us/lvjc/protective-orders.html#forms