Tracy M. Rau’s Answers

Tracy M. Rau

Las Vegas Divorce / Separation Lawyer.

Contributor Level 13
  1. Spouse asking me to lie for annulment

    Answered 11 months ago.

    1. Tracy M. Rau
    2. Jill K. Whitbeck
    3. Boris A. Avramski
    4. Kevin H. Pate
    4 lawyer answers

    With such a short marriage, your financial rights/entitlements may be non-existent or, at the very least, will be significantly restricted. The grounds for annulment are also somewhat narrow and it does not sound, based on the fact you have described, that your matter contains annulment grounds. I strongly suggest you meet with an experienced divorce attorney to discuss the specifics of you case in great detail and form a course of action that best meets your objectives.

    8 lawyers agreed with this answer

  2. Can a prenup be written to also to include non-financial matters that the couple agree to

    Answered 9 months ago.

    1. Tracy M. Rau
    2. Boris A. Avramski
    3. Israel Lynda Kunin
    4. Rixon Charles Rafter III
    4 lawyer answers

    One cannot address issues such as child support or child custody in a prenuptial agreement as the facts that would control a court's determination of these issues could change dramatically from the time a prenuptial agreement is executed. The Court's are concerned with the best interests of the children in addressing these issues, not the interests of the parents. Accordingly, prenuptial agreements should deal only with financial matters as between the prospective spouses since they are the...

    Selected as best answer

  3. Child asks for change from weekly visitation to biweekly, then ex files for 50/50 custody after 10 years of child living with me

    Answered 9 months ago.

    1. Jill K. Whitbeck
    2. Tracy M. Rau
    3. Molly S. Rosenblum
    4. Boris A. Avramski
    5. Israel Lynda Kunin
    5 lawyer answers

    You should consult with an experienced custody attorney in order to discuss the specific details for your matter and form a strategy for opposing his present motion (I presume he has filed one) and achieve your goals regarding the current custodial situation. Dad has the burden to show that the modification he proposes serves the child's best interests.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Wanting to move out of state with my 2 1/2 year old. Can I do this?

    Answered 8 months ago.

    1. Jill K. Whitbeck
    2. Tracy M. Rau
    3. Allison M. Limb
    3 lawyer answers

    More information is needed to offer you any comprehensive guidance. If custody has been established, in order to relocate you will need Bio Dad's agreement (getting that in writing is best) or authority of the Court. In order to get authority of the Court, you must motion the court and outline all of the reasons you believe that the proposed relocation serves the best interests of the child. For this you should at least consult with an experienced custody attorney. If there is no present...

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  5. Can a prenup protect my wife to be's assets from the IRS and child support. We live in Nevada where she owns a home.

    Answered 2 months ago.

    1. Tracy M. Rau
    2. Amanda M Roberts
    3. Israel Lynda Kunin
    3 lawyer answers

    The short answer is: Yes it should. In fact the segregation of pre-marital debt is a very common motivation for the execution of a pre-nuptial agreement. The preparation of pre-nuptial agreements can be complicated and rife with traps for the unwary so I strongly suggest that you consult with an experienced domestic attorney in order to explore the full extent of asset and debt and the desired scope of the agreement. Many a domestic client have commented that the money they pay for a...

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. Do I have to tell my soon to be husband where I am taking my child if I go out of state for a weekend?

    Answered 4 months ago.

    1. Tracy M. Rau
    2. Jill K. Whitbeck
    3. David Alexander Browde
    3 lawyer answers

    Each Parent should provide at least general travel itineraries to the other parent for all travel with minor children. It is also a good idea that each parent provide the other with a contact number for the child so that they can contact the child, if need be, at all times. These are generally courtesies that should be extended to each parent by the other to ensure that neither parent is acting in an exclusionary manner regarding the children. This being said, each parent's time with the...

    6 lawyers agreed with this answer

  7. Does my husband make enough to give me alimony and child support? Am I entitled to alimony?

    Answered 6 months ago.

    1. Tracy M. Rau
    2. Keith Pickard
    3. Jill K. Whitbeck
    3 lawyer answers

    Alimony can be a complicated issue. There are a number of factors, including the length of the marriage, the relative income, educational levels, work histories and ages of the parties, if either parent stayed at home during the marriage and other factors that the Court will consider in addressing an alimony claim. Alimony awards are very factually specific and tend to vary from case to case with the specific facts of each divorce. I suggest that you seek a consultation with an experienced...

    6 lawyers agreed with this answer

  8. My ex is now trying to get 50/50 custody of our 3 out of 4 kids we have together. Can he do that?

    Answered 9 months ago.

    1. Tracy M. Rau
    2. Husna F. Alikhan
    3. Israel Lynda Kunin
    4. Kaitlyn A Miller
    4 lawyer answers

    A parent can always ask the Court to modify prior custody orders when there is a change in circumstance. Your questions does not indicate what your Ex's reason for his 50/50 request is. The Court will examine his request while analyzing the best interests of the children. In other words, just because a parent desires a modification of custody it does not mean one will be ordered by the Court . Your Ex must meet the applicable burdens of evidence in any request he makes to modify the...

    6 lawyers agreed with this answer

  9. I have physical she has supervised visits . She has chosen to leave Nevada to be with new man. Has a DV warrant she hit me

    Answered 9 months ago.

    1. Kari T. Molnar
    2. Tracy M. Rau
    3. Jill K. Whitbeck
    3 lawyer answers

    Assuming that you have a current custodial order, outlining the you have primary custody, subject to your Ex's right of supervised visitation, any modification to those terms would need to be 1) mutually agreed to or 2) ordered by the court. The Court's will examine the children's best interests in making its determination. You should not agree to anything that you feel is not in the best interests of the children and if Motions are filed, you absolutely should consult with an experienced...

    6 lawyers agreed with this answer

  10. I have primary physical custody, but want full custody because I believe my ex may have psychological disorder

    Answered over 1 year ago.

    1. Tracy M. Rau
    2. Boris A. Avramski
    3. Keith Pickard
    4. Israel Lynda Kunin
    4 lawyer answers

    Have you tried to address these issues with your Ex? I ask because while you would be free to file a Motion asking that the Court order an appropriate evaluation, the issues as you have outlined them alone likely will not support a motion requesting such involved relief. Also evaluations are very expensive, costing many thousands of dollars in most cases. Motions immediately place parties in defensive positions and can also be very expensive. The burdens of evidence related to changes of...

    6 lawyers agreed with this answer

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