Firm Philosophy
We understand that divorce, custody, and other domestic relations issues are very personal and emotional matters. To our clients, their case can preoccupy their life--especially when children's lives are involved. Andrade & Magaña Law Group aims to resolve difficult family situations by mitigating the level of confrontation to the extent possible. We handle our cases with care as we work with integrity and professionalism.
We believe in providing personal attention to our clients. We strive to maintain competitive fees without compromising the caliber of our representation. Our attorneys stay current of practices and procedures by networking with various organizations in the field of law, researching important legislation/cases, and participating in continuing legal education classes.
At Andrade & Magaña Law Group, we value ethical representation. We advocate for our clients' rights with diligence and dedication. Family is our business. Let us take care of yours.
Family Law Basics
Annulment
Annulment is the legal procedure whereby a marriage is declared void. In an annulment, the marriage is treated as never having occurred. An annulment is only available in certain circumstances as established under the law. For example, a marriage that is incestuous or bigamous is never valid. Other grounds for declaring a marriage void are fraud, duress, physical impairment, or mental incapacity. Annulments may require a hearing with a judge.
Child Custody
Custody is determined by the court based on a standard called "the best interests of the child." Various factors help to define this "best interests" standard.
Child Support
Every parent has the legal obligation to financially support his/her children. The amount of child support is established by statute. However, the court can deviate from that amount under special circumstances.
Divorce
Every divorce case that is filed in the state of Nevada must declare the grounds in which the divorce is to be granted. Incompatibility is one of the three grounds for divorce in Nevada. The other two grounds are:
- Insanity existing for two years prior to commencement of the action, and
- When the husband and wife have lived separate and apart for one year without cohabitation.
You do not need your spouse's permission/agreement to seek a divorce. Nevada is a "no fault" divorce state. This means that you do not need to make nor prove allegations of adultery, mental cruelty, etc. to obtain a divorce.
Residency Requirement
Before filing a divorce suit, our state requires six weeks of residency. You must provide a witness who lives in Nevada who can testify from his/her personal knowledge that you have lived in Nevada for at least six weeks.
Contested vs. Uncontested Divorce
A contested divorce is where the two parties cannot come to an agreement on the terms of the divorce (ie. division of assets, allocation of debts, alimony, or child support).
An uncontested divorce is where both parties agree to all the terms of the divorce. This kind of divorce is usually less complicated and can therefore be resolved more quickly; it is less expensive than a contested divorce because a settlement out of court will often be reached.
Property Division
Nevada is a "community property" state. Generally, this means that property acquired during the marriage belongs to the community (husband and wife). Such "community property" is divided equally to the extent practicable.
Separate property, on the other hand, is everything a husband and wife own separately. Separate property is usually property acquired before marriage, but other things such as gifts can also be considered separate property. It does not need to be divided between the spouses. The court will make a determination of what property is separate property.
Spousal Support/Alimony
Alimony is an amount of money the court will order one spouse to pay the other for support and maintenance. Historically, the husband was ordered to pay the wife alimony. However, either husband or wife can be awarded alimony depending on the factual circumstances of the marriage.
Modification of Child Support/Custody
No order for custody or support is permanent. A Child Support Order can be reviewed every three years, or sooner, if a material change in circumstance is shown. Likewise, a parent can ask the court for a modification in child custody. To modify an order which granted one parent primary custody, the noncustodial parent will have to show that there has been a substantial change in circumstances in the child's life and that the best interest of the child would be served by the modification. To modify an order granting joint custody, a parent will have to show that a change in custody is in the best interest of the child.
Paternity
An action for paternity establishes the legal father of a child. Once paternity has been established, the father acquires all rights and obligations of fatherhood as established by law.
Temporary Protection Orders (TPO)
TPO's are granted to protect those who are victims of domestic violence. They prevent one person from initiating contact with the victim of domestic violence under threat of criminal penalty. Once served, TPO's are valid for thirty days and can be extended up to one year upon a showing of good cause.
Attorney Profiles
Maricar AndradeAttorney-at-Law |
Practice Areas
- Divorce, Child Custody, Paternity, Visitation, and Child Support
Education
- Juris Doctor from William S. Boyd School of Law
- UCLA
- B.A. in Psychology
- Minor in Asian American Studies
Membership
- State Bar of Nevada
Languages
- Pilipino/Tagalog
- Spanish
Experience
- Child Welfare/Education Clinic
- Law clerk: Domestic Violence Unit with Clark County Legal Services (n.k.a. Legal Aid Center of Southern Nevada)
- Extern: Eighth Judicial District Court, Family Division
- Contested and Uncontested Divorce and Custody Cases
- Divorce Trial
- Child Custody Evidentiary Hearings
- Child Support Hearing
- Settlement Conference
- Negotiations
- Motion Hearings
- Uncontested Divorce and Custody Cases
- Contested Paternity, Divorce, and Child Custody Cases
- Out-of-State Clients
- Draft Stipulations and Orders
- Draft Decrees, including retirement benefits
- Attorney Fees
Biography
Maricar grew up in Los Angeles and is a former elementary schoolteacher. She is a founding member of a local, nonprofit organization called Bamboo Bridges. Maricar has been invited to talk about her profession at several speaking engagements in Clark County; she addressed topics such as Work-Life Balance, Women's History Month, and Anti-Human Trafficking.
Giovanni AndradeAttorney-at-Law |
Practice Areas
- Family Law and Domestic Relations
Education
- Juris Doctor from William S. Boyd School of Law (UNLV)
- Humboldt State University
- Bachelor of Science in Environmental Science
- Trained Mediator, Institute for the Study of Alternative Dispute Resolution
Bar Membership
- State Bar of Nevada
Experience
- Immigration Clinic and Immigrant Workers Citizenship Project
- Domestic Violence and the Judicial System, Nicaragua
- Extern: Las Vegas City Attorney's Office, Civil and Criminal Division
- Trial/Litigation
- Child Custody Evidentiary Hearings
- Child Support Evidentiary Hearing
- Settlement Conference
- Negotiations
- Temporary Protective Order Hearings
- Default
- Child Support Hearings
- Motions to Reduce Child Support Arrears to Judgment
- Motions for Temporary Orders for Custody, Visitation, Child Support, Spousal Support, and Attorney's Fees
- Motion to Change Custody
- Annulment
- International Client
- Post-divorce Motions
- Review QDRO's
- Attorney Fees
Biography
Giovanni was born and raised in Huntington Beach, California. When not working, he is raising three children: an 11-year-old, a six-year-old, and a four-year-old. Giovanni is President of the Parent Teacher Association (PTA) at a Clark County elementary school.
Contact Us
We believe that your time is just as valuable as our time. When you choose to speak with one of our attorneys, you can feel confident that you are paying for quality legal advice. Our meetings are by appointment only. We charge a small fee of $50 for a one-hour initial consultation. If you decide to retain us, we will credit the fee back to your account--essentially making the consultation FREE.
Payment plans are available on both Flat Fees and Hourly Rates. Credit/Debit Card payment methods also available.
Call (702) 468-9591 to schedule an in-person or phone consultation.
LEGAL DISCLAIMER: The information on these pages is not an offer of legal representation nor is it intended to create an attorney-client relationship. None of these pages are to be construed as legal advice. You should consult an attorney if you have any questions regarding your specific situation. Contacting us does not establish an attorney-client relationship, so you should not disclose any confidential information to us until we enter into such an agreement. We reserve the right to decline your case and not reply to anyone who contacts us. If you wish to retain the Andrade & Magaña Law Group for legal services, you must first sign a retainer or client-fee agreement.
Legal Resources
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Criminal Defense Attorney - Jess Matsuda, Esq. (702) 383-0506
If you have been arrested, charged, or if criminal charges are pending against you, it is imperative that you contact an attorney immediately. You have numerous rights, and only a skilled practitioner can guide you through the unsettling, confusing and sometimes horrifying criminal process.
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Legal Aid Center of Southern Nevada
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Provides free legal aid to those who qualify.
http://www.lacsn.org/ -
State Bar of Nevada
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Offers lawyer referral service, attorney search, and legal articles.
http://www.nvbar.org/
