Family Law

Family Law Matters are some of the most difficult emotional experiences in a person’s life. Whether it be divorce, separation, custody of a child, or child support enforcement, there are many important legal and financial issues to deal with. At Sgro & Roger, we will help you to get the best Family Law solutions.

Prenuptial and Postnuptial Agreements

A premarital agreement is an agreement between marrying persons that, at least in part, contemplates the breakup of the marriage. Premarital agreements (or “prenups”) and post-marital agreements, similar contracts which are drafted after the parties are already married, govern what will happen to the parties’ assets, debts, and income during the marriage and in case the parties divorce. Neither type of agreement may contain terms relating to custody or child support, and only premarital agreements can contain terms relating to spousal support.

While spouses and spouses-to-be usually do not like to discuss the possibility of separating, partners can ensure that their divorce will be resolved more quickly and peaceably if they discuss the terms of the divorce before they are separating. There are several important elements to consider when preparing a prenuptial or postnuptial agreement, and the attorneys at Sgro & Roger can help ensure that your agreement will be enforced if you and your partner separate.

Alternatively, if you are divorcing and you or the other party believe the terms of your premarital agreement are unenforceable, experienced litigation attorneys at Sgro & Roger can help defend against or enforce a premarital or postnuptial agreement.

Contact Sgro & Roger today to discuss the enforceability of your existing agreement or for advice on whether a pre- or post-marital contract is right for you and your partner.

Divorce

Sgro & Roger works tirelessly to provide the right legal solution for each individual client depending on their divorce needs. Our goal in any divorce case is to protect the rights and best interests of our client and their children.

When parties divorce in Nevada, courts must equally divide the assets and debts accumulated by the spouses during the marriage. Courts may make an unequal division if they find a compelling reason to do so, for example, if one spouse has committed “marital waste” and disposed of marital assets or income without the knowledge or consent of the other party. A spouse may also be awarded alimony based on a number of factors, including the length of the marriage, the standard of living during the marriage, the age, income, and earning capacity of each spouse, and whether a spouse acted as a homemaker during the marriage, among other things.

Because obtaining a divorce can be a long and expensive process, we always attempt resolve divorce issues first through negotiation or mediation with the other party. If settlement is not possible and litigation becomes necessary, clients can rely on our collective extensive court experience to achieve positive results.

If you are contemplating filing for divorce or if your spouse has filed for a divorce against you, our office can help you develop the right strategy for your case and help you resolve your divorce as quickly and painlessly as possible.

Child Custody

Child custody encompasses a broad range of issues relating to children. Custody cases commonly involve disputes about who can make decisions for a child, the amount of time the child spends with either parent, what school the child should attend, whether the child should be allowed to relocate outside Nevada with a parent, and a slew of related issues.

In custody-related decisions, the Court’s only consideration is the best interest of the child. There are several factors the Court must use to determine the child’s best interest, and the Court must ordinarily set a trial and take evidence and testimony from the parties before making custody-related decisions. For this reason, custody cases can be high stress.

The family law attorneys at Sgro & Roger can help guide you through your custody issues, including attempting to reach a resolution without having to go to Court or filing a motion and asking for the judge’s help when parties cannot agree. If you have custody-related issues, please call our firm to discuss the appropriate strategy for your case.

Adoption

Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family. The best interests of the child are of paramount importance in adoption matters.

Anyone can adopt a child; however, the process is generally faster for stepparents or other relatives of the child. Adoptive parents must file a petition asserting, among other things, that they would like to establish a parent-child relationship with the child, that they are fit and proper to have custody of the child, and they are able to financially provide for the child. Before a person may adopt a child, the child’s biological parents must either consent to the adoption, or their parental rights must be terminated. If the child is 14 years old or older, the child must also consent to the adoption.

Once a judge approves an adoption, the child’s natural parents are no longer required to pay child support for the child, and the child will not automatically inherit from their biological parents upon the parents’ passing. The adoptive parents will become the child’s legal parents with all the rights and duties of a natural parent.

Deciding to adopt can be one of the greatest decisions for a family to make. At Sgro & Roger we provide step-by-step guidance so that you can focus on what is important – family.

If you have questions about the adoptive process, please give Sgro & Roger a call.

Guardianships

Guardianships can be obtained over an adult who is unable to care for themselves or a child whose parents are unable to care for them. In such cases, the Court may appoint a guardian to make decisions for the child or adult. Although relatives are given priority over non-relatives, anyone competent person over the age of 18 can petition the Court to be appointed as a guardian over a child or incapacitated adult. Two people may petition the Court together to be appointed as “co-guardians” of the child or adult.

There are different types of guardianship depending on the length of time the guardianship is needed, and a person requesting to become a guardian must generally provide notice of their petition to the child’s relatives. Guardians must also acknowledge their duties and agree to file annual reports, as well as inventories and accountings if they are awarded guardianship over the person and estate of the child or adult.

At Sgro & Roger, we work to educate our clients on the intricacies of guardianship law while working to get the best results possible. Please call us if you are interested in becoming a guardian over a person or if you need assistance objecting to another person’s request for guardianship.

Child Support

In Nevada, parents have a duty to provide support for their children. Child support is calculated based on the physical custody arrangement between the parents, the number of children at issue, the gross income and financial circumstances of the parents, and the needs of the child(ren).

When one parent has primary physical custody, the other parent is the child support “obligor.” When parents share joint physical custody, they are both deemed “obligors,” and their child support obligations must be offset so that the higher-earning parent pays the lower-earning parent the difference between their respective obligations.

Child support is calculated on a tiered basis: For one child, an obligor must pay 16% of the first $6,000 of their gross monthly income, 8% of their gross monthly income between $6,000 and $10,000, and 4% of their gross monthly income exceeding $10,000. For example, if a parent earns $12,000 per month, their support obligation for one child would be $1,360 per month:

.16 x $6,000 = $960
.08 x $4,000 = $320
.04 x $2,000 = $80
$960 + $320 + $80 = $1,360

Sgro & Roger can help you determine your child support obligation or the other parent’s obligation, ask the Court to review or modify child support, or enforce an order for child support. Give us a call if you need assistance with child support.