This is the next post in my series on how Nevada’s community property laws impact a Las Vegas divorce. My last article provided an overview of topics which this series will be addressing and it also stressed the need to speak with an attorney in regards to your case. Speaking to counsel sooner, rather than later, can help to ensure that your interests are protected throughout the legal process. In this article I will be discussing a topic which often causes concern to those going through a divorce – the ability to prove whether assets are “community” or “separate” in nature. If you require assistance then contact my office today to speak with a lawyer.
A lawyer can use “discovery” to determine the nature of property in a Las Vegas area divorce
It is common for spouses to go through a dispute as to whether property should be considered part of the marital community. There may be a dispute as to the source of funds which were used to acquire the asset. There may also be a dispute as to whether the co-mingling of funds should subject property to the Court’s jurisdiction. When such disagreements arise, a lawyer may use the “discovery” process to gain information from the other side. This information, in turn, can be used to help prove one’s case. This concept is best explained through example.
Say that a spouse has a savings/investment account from before the marriage. Now say that additional funds were added to it, during the course of the marriage, from a jointly held checking account. When the spouses decide to divorce then there may potentially be a great deal of dispute as to the extent to which funds in the account should be considered separate and what should be considered marital. The discovery process can be used to obtain bank statements, investment statements, and to potentially depose the spouse’s financial advisor. In a complicated matter, this information could then be provided to a forensic accountant who would provide an analysis of how the account should be divided. It is important to understand that how a Las Vegas Judge will rule, in any given case, will always depend on the facts of the matter.
Spouses should retain a Las Vegas lawyer who is experienced in handling complex financial issues
If your matter involves complex financial issues then it is vital that you retain an attorney with experience in handling such matters. Newer counsel may lack experience when it comes into conducting discovery in such cases. Retaining a representative who has handled such matters can help to ensure that “no stone goes unturned” in the investigation of your case.
I am a Las Vegas divorce lawyer who devotes her practice to the handling of family law cases. I have handled many matters which involve financial disputes and I am ready to assist you. Contact my office today.
