Legal SeparationIn today’s complex world, a divorce is not always the best option even when a marriage has apparently run its course. Whether it is due to your religious beliefs, spending habits or the health insurance needs of your spouse, a legal separation agreement may be the better option for you in lieu of divorce.

At the Law Offices of Marta L. Presti, Attorney at Law in Reno, Nevada, I have helped separating couples protect their interests during difficult times. I listen closely to my clients and provide them with the sound advice I would hope to receive if I were in their position: a realistic assessment of their options and the likely outcome of each.

To learn more about your options for legal separation, contact me today to schedule an appointment.

How Does a Legal Separation Agreement Work?

In many aspects, a legal separation agreement is the same as a divorce. To receive a separation, the couple must seek a maintenance decree in which they separate assets and allocate debts. The marriage remains legal, thus allowing you to comply with religious beliefs or maintain your current insurance coverage. If a legal separation turns out not to be best for either spouse, it can be converted into a divorce action.

In addition to religious and health reasons, there may be other good reasons for choosing a separation rather than a divorce. Someone may want to separate from a spouse who has a gambling problem, shopping addiction or substance abuse issue in order to opt out of the community property system that splits all assets and debts down the middle. Liability as a spouse ends at the point in which the separate maintenance agreement is filed, if it so provides.

Property Division

If you are thinking about ending a marriage, obtain experienced legal help. Even couples divorcing on amicable terms can quickly encounter long, drawn out disputes with disagreements over how assets and debts were handled during a marriage. Property division is one of the most complicated aspects of getting divorced.

I apply my years of experience and legal skills in pursuit of securing my clients’ financial interests. In Nevada, marital assets are distributed equally during a divorce. I offer strong advocacy to make sure all assets considered assets are valued correctly, while addressing other relevant factors.

Pursuing an Equitable Distribution of Community Property
Property division can become highly complicated based on how assets and debts were handled during your marriage. It may be necessary to consult forensic accountants and appraisers to establish the extent and value of your marital estate, including:

  • Family-owned business
  • Real estate property such as your family home, vacation properties or real estate investments
  • Retirement plans including stocks, 401(k) plans and pension plans
  • Jewelry, collectible cars and antiques

A key part of my work includes determining how you handled your financial affairs. We may need to trace hidden assets and to establish if you or your spouse commingled any assets acquired individually before getting married. For example, if your estranged spouse inherited money before getting married and then commingled the inheritance with your joint savings, we may need to obtain an equitable share of the inheritance. This is a highly complicated area of the law. For experienced advocacy, you can trust me to fight for you to retain or be awarded your share of the property.

Domestic Partnerships

Domestic partnerships have been recognized in Nevada. Domestic partners are now treated similarly to married couples. When same-sex couples decide to separate ways, they will have to deal with many of the same legal issues as married couples.

I am Marta L. Presti, an experienced attorney focused exclusively on family law. I have handled contested and uncontested divorces, long before domestic partnerships were even recognized in Nevada. If you are seeking to dissolve your domestic partnership, you can feel confident that I will take the right steps to help secure your legal rights. I will apply my years of experience and legal skills to address the legal implications of dissolving a domestic partnership.

Contact my law firm online or call (775) 624-5845 to schedule a consultation with a highly skilled Nevada domestic partnership lawyer. I am committed to delivering experienced advocacy and legal counsel tempered with good judgment.

Pursuing an Equitable Distribution of Community Property

Similar to a divorce proceeding, any property you and your domestic partner owned together will be divided equitably when the two of you separate. This does not necessarily mean a 50/50 split. Instead, you and your estranged domestic partner are entitled to an equal value of your partnership property. One of you, for example, could maintain the family home, while the other one could keep the car and other property equaling the same value of the family home.

The challenge is to determine what assets and debts are considered part of your partnership. I am highly skilled in working with forensic accountants to understand how your finances were handled and determine the extent of your joint assets such as:

  • Family home, vacation properties or real estate investments
  • Cars, motorcycle, boat and ATV
  • Savings, stocks and retirement plans
  • Collectables, antiques and jewelry

A relatively straightforward case could pose a challenge if individual assets were commingled with the partnership property. I will evaluate your financial records to understand if you maintained your individual assets separate from your joint finances. Any assets obtained before the domestic partnership was established may be subject to a division, if the assets were commingled with the partnership property.

Domestic Partnerships

Addressing Child Custody and Child Support Concerns

When children are involved, the dissolution of a domestic partnership can become particularly challenging with a heightened sense of emotions. I offer a rational, yet compassionate approach focused on acting in the children’s best interests. Every situation is unique. Child custody and visitation could depend on each partner’s status as an adoptive or natural parent.

Similar to a divorce, the parent given primary custody would be entitled to obtain child support payments from the other parent. I offer a comprehensive approach focused on understanding the terms agreed to when the domestic partnership was established. I am committed to protecting your rights, while acting in your children’s best interests.