Practice Areas
Divorce - Contested
When spouses
disagree on at least one item related to their
divorce, the matter is termed contested.
Many matters that start out contested, end up
settling or otherwise resolving prior to trial.
Being
prepared for a trial, while still pursuing
alternate dispute resolution options, is
essential to achieving a comprehensive and
meaningful settlement. It is also important to
be prepared in the event that your matter does
not resolve through settlement and ends up
before the Court.
Preparing a
case involves financial discovery, a process by
which the parties obtain and verify fincial
information concerning community assets, income
and debts. If your matter also involves
children, discovery is often conducted on issues
that impact the children and the eventual
custodial arrnagment desired by the litigants.
Trial preparation also includes brief, legal
research and the application of the rules of
evidence to the facts of each individual case.
Ms. Rau is
an experienced domestic trial attorney and oral
advocate.
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Divorce - Uncontested
When
spouses agree on the disposition of all
community assets and debts as well as the
specific terms of custody, visitation and
support, if applicable, they can obtain an
uncontested divorce.
Assuming
the jurisdictional requirements have been met
(in Nevada, residence for at least six [6]
weeks), counsel can prepare uncontested
documents for the parties to sign. These
documents are then filed with the Court to
accomplish the divorce.
Ms.
Rau represents one of the parties in the
preparation and explanation of the documents.
The other party is encouraged to have the
documents reviewed and explained by other
counsel of their choice. Usually uncontested
divorces are handled on a flat fee basis. Fees
will vary based on the complexity of the
documents required to accomplish a
comprehensive resolution. It pays to do it
right the first time and save the possibility
of future litigation that is often necessary
with incomplete or ambiguous documents.
To
determine if an uncontested divorce is right
for you, please contact the office for a
consultation.
Contact
us today to learn how we can help you.
Call 702-754-6700
or email tracy@tracymrau.com
to schedule a consultation.
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Alimony
Alimony is a
complicated and multi-faceted area of the
law in Nevada. Each alimony case is
different and an alimony outcome depends on
a number of factors particular to each case
including the length of the marriage, the
age of the spouses, and the income history
of the parties during the marriage. A
variety of other factors also play a role in
negotiating and litigating alimony.
There
is a difference between temporary spousal
support and ongoing (post-divorce) alimony.
In order to explore the support issues that
are specific to your case, please contact
the office to set a consultation.
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Business Valuations
When
a spouse owns or manages a business, it should
be valued incident to a divorce. Valuation
occurs with the involvement of an experienced
domestic valuation expert as valuation for the
purposes of divorce is very different than the
valuation that might occur in the event of a
sale of the business to a third party. It is
important that you choose experienced counsel
to help guide you through and direct the
valuation process.
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Custody
We
understand that family is first.
Representation in issues of custody — whether
related to a divorce or determinations of
paternity or post-divorce modifications —
involve a compassionate understanding of the
rights and needs of everyone involved, most
importantly the children. There are many ways
that the impact of the stress and anxiety
associated with custody cases can be minimized
for children. They include adherence to a few
steadfast rules:
- Do
not involve the children in the case. This
includes sharing any information regarding
the substance of the case with the children
as this will often cause children to feel
conflicted and confused. Remember, the
relationship between you and your spouse (or
your co-parent) is an adult relationship and
as such, does not involve the children.
- Do
not speak badly about your spouse or
co-parent in front of the children.
- Do
not ask a child to “take sides”. Conduct
yourself with the same level of maturity and
respect with which you would want to be
treated.
- Do
remember that matters of custody focus
primarily on the best interests and needs of
the children, not the adults.
- Do
not let your anger or hostility for the
other parent impact your actions regarding
the children.
Sometimes
the parents cannot agree on what is in the
child’s best interests and that is when the
benefit of experienced custody counsel is
particularly important. Ms. Rau will help
guide you through the mediation, settlement
and/or litigation process of your custody
matter to help you achive the best outcome
possible for you and your kids.
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Child Support
Nevada
uses statutory child support guidelines in
order to determine which party should pay
child support and what the amount of child
support should be. There are a number of
factors that may impact the final child
support order. These factors include the
custodial schedule, the gross income of each
parent, and other costs associated with the
children such as health insurance and other
necessaries as well as any related travel
expenses associated with visitation or
custodial transfers.
In order to make a determination regarding the
appropriate child support in your individual
case, please contact the office for a
consultation.
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Relocation cases
As our society has become more and more
mobile, custodial relocation has become much
more common. In order to leave the
jurisdiction with the children, after an
order of custody and visitation has issued,
the relocating parent must obtain the
permission of the other parent or of the
Court in order to move with the children.
Relocation cases are among the most
difficult and taxing to handle as there is
usually very little “middle ground” between
the parties. Either the requested move is
allowed or it is not.
There are a number of factors that the Court
will examine in order to grant or deny a
move request.
Even
in cases where the moving parent is not
seeking to take the children, the
involvement of experienced counsel may be
necessary to establish new visitation
orders, holiday schedules and orders of
support.
If you are the party requesting the move or
opposing it, your choice of counsel may have
an important impact on the outcome. Ms. Rau
has handled many relocation cases and will
bring her advanced level of experience to
your case.
In
order to examine the legal issues involved
in your relocation matter, please contact
the office to set a consultation.
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Domestic Mediation
In
addition to providing professional advocacy
services, Ms. Rau is also a trained domestic
mediator. If you and the other party to your
matter desire to try to work together to reach
a middle ground in your dispute, Ms. Rau can
serve as facilitator.
When
serving as mediator, Ms. Rau does not
represent either party, but rather serves as a
independent facilitator to explore the various
resolves that may be available to end your
conflict. Ms. Rau can also represent you in a
mediation meeting, providing you valuable
information and guidance through the mediation
process.
Mediation
can be a cost effective and efficient way to
resolve a dispute as the civil justice system
is usually very expensive and time consuming.
Both parties must be willing to sit down
together and participate in the mediation
process.
If
you are interested in Ms. Rau serving as a
mediator in your dispute, or representing you
in an upcoming mediation, please contact the
office for information or a consultation.
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Contact
us today to learn how we can help you.
Call 702-754-6700
or email tracy@tracymrau.com
to schedule a consultation.
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Forensic Accountants
Forensic
accountants can be an important part of a
divorce case when one spouse suspects marital
waste, hidden assets or simply does not have the
necessary level of insight regarding the
financial actions of the other spouse during the
marriage. Sometimes hidden assets that should
have been included in a divorce are discovered
after a divorce is complete.
Having experienced counsel to help you choose a
qualified forensic accountant and work with that
individual on the accounting and asset
identification issues in your case is
invaluable.
In order to discuss the role a forensic
accountant might play in your divorce or hidden
asset case, please contact the office to set a
consultation.
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Grandparents’ rights
There
is law in Nevada that gives third parties
(individuals other than natural parents) the
standing to request contact with minor
children. This law is commonly referred to as
“grandparents’ rights”, although it does not
apply to only grandparents. The Court looks at
a number of factors in making orders when a
third party visitation request is made. In
order to determine your rights in this area
you should schedule a consultation.
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Guardianships (Adult
& Minor)
If
you are experiencing a situation involving
guardianship of a minor child or of a disabled
or aging adult it is important that you have
experienced counsel to help you though the
process. Ms. Rau has represented clients in
all facets of guardianship including
guardians, individuals seeking appointment as
guardians, individuals opposing the
appointment of a guardian, wards (children and
adults) and has also served as Guardian Ad
Litem (an investigative or fact finding
position by appointment of the Guardianship
Court).
Guardianship issues are among the most
emotional and difficult a personal can
experience. It is important to have
experienced and compassionate counsel to help
with guardianship matters.
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Legal Fees
There
are both statutory and case law which
addresses the issues of attorney fee
responsibility in Nevada as related to
divorce, support, contempt and judgment
collection.
Each client is responsible for the fees to
be paid to their lawyer but, in certain
cases, requests that the fees you pay be
reimbursed — in
whole or in part by the opposing party—
are appropriate.
To explore the specifics of the role of a
request for attorney’s fees in your
particular case, please contact the office
to set a consultation.
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Legal Separation
There
can be any number of reasons that individuals
may want to stay legally married while
choosing not to live together. In order to
determine if a legal separation is the option
for you, please contact the office to set up a
consultation
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Modifications
There
can be any number of reasons that individuals
may want to stay legally married while
choosing not to live together. In order to
determine if a legal separation is the option
for you, please contact the office to set up a
consultation.
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Contact
us today to learn how we can help you.
Call 702-754-6700
or email tracy@tracymrau.com
to schedule a consultation.
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Name Changes
The
process of legal name change in Nevada is
relatively common. Ms. Rau handles most name
changes for a flat fee. If you are interested
in a legal name change, please call the office
for a consultation.
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Paternity
When people have a child, and are not married,
the issues involving their child are addressed
in paternity actions. Paternity actions include
determinations of paternity, custody and child
support.
Ms. Rau has handled many paternity cases in her
career and understands the often sensitive
nature of the facts that may be applicable to
paternity cases.
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Other
Ms.
Rau is an experienced civil litigator and
while her focus is on domestic relations work,
she also handles other matters in the civil
litigation arena. Additionally Ms. Rau does
some estate planning and criminal defense.
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Pre-Nuptial/Post-Nuptial agreements
Future
spouses often desire to define certain
property and support rights prior to getting
married. Pre-nuptial agreements can address
limited financial issues between the soon to
be spouses or they can address many possible
financial situations that would arise in a
community property jurisdiction. This sort
of planning is always a good idea and when
done with the aid of an experienced domestic
practitioner, can end up saving thousands of
dollars in the event of divorce or the death
of a spouse.
Pre-nuptials are also a helpful device when
one or the other future spouse has children
from a previous relationship.
Although more challenging, spouses can also
choose to define various property rights
after they get married (post-nuptial).
In order to discuss the unique facts and
objectives involved in your pre-nuptial or
post-nuptial agreement, or to determine if
such an agreement is right for you, please
contact the office to set up a consultation.
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Property Division
When
individuals divorce, they need to determine
what the division of the marital property
and debt will be. Property division
addresses bank and investment accounts, real
property, pensions and retirement accounts,
vehicles, debts, personal property and other
various property and ownership rights.
Property
division can also involve the identification
and valuation of hidden assets and closely
held business interests.
It
is important that all property items are
identified, values and divided in a divorce
so as to minimize the chances that the
matter comes back before the Court.
If
you desire to discuss the property issues
involved in your divorce or legal
separation, please contact the office for a
consultation.
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Protective
Orders
Whether
you are in need of an Order for protection
from domestic violence or have been
wrongfully accused of committing an act of
domestic violence, we can help.
Please contact the office to set up a
consultation so that the specific facts of
your case can be discussed.
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Contact
us today to learn how we can help you.
Call 702-754-6700
or email tracy@tracymrau.com
to schedule a consultation.
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Temporary
Orders
Often
at the beginning of a case there are certain
issues that need to be decided in the short
term. These matters can include: Who will pay
the monthly bills of the household? Where will
the children be on what days? Who will be
responsible for certain community obligations?
Will one party pay the other for attorney’s
fees? Who will live in the marital residence?
In
order to determine if your case requires the
request for temporary orders, please set up a
consultation with the office.
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