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Immigration law: The requirement of good moral character

Requiring Good Moral Character

Much of immigration law is about crimes and other unsavory behavior. Because the law tries to keep criminals from getting immigration benefits, certain immigration applications require showing good moral character for a specific period of time. Crimes even without a conviction can still prevent a person from receiving an immigration benefit.

For How Many Years Must an Applicant Show Good Moral Character?

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Termination of parental rights – Nevada law

As a divorce attorney, I know that when a parent can loses custody over his or her child it is pretty bad.  Imagine when a parent loses his or her parental rights. These are sad cases but sometimes it is necessary for the protection of the child to separate the child from a parent who poses a danger to the child either because of drug use, alcohol abuse or criminality.  In other situation, termination of parental rights is necessary because the parent is not supporting the child and not communication with the child.  This is an absentee parent.  Termination of parental rights of an absentee parents will enable the child to be adopted into a loving and supportive family.

The law and procedure regarding termination of parental rights is found in chapter 128 of Nevada Revised Statutes. A parent can lose his or her parental rights due to abandonment of the child, neglect of the child or injury to the child.

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Annulment in Nevada

Annulment

In order for a marriage to be annulled, the marriage must be void or voidable. A void marriage  never had legal effect. A voidable marriage exists but can be undone with decree of annulment. The legal effect of a decree of annulment is that the marriage is void.

While a divorce in Nevada is based on incompatibility, or separation for over one year or insanity existing for two years prior to the commencement of the action, the legal grounds for annulment are narrower and are based on the idea that a marriage is a contract. Like a contract, a marriage can be void depending on the facts. If the facts of the case do not fit within the annulment grounds, the parties should seek divorce and not annulment.

Void Marriage

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Alimony Under Nevada Law

What is alimony?

In an action for divorce or for legal separation, the court, in addition to dividing community property and community debts, can order payments to be made from one party to the other for the support and education. These payments are alimony. Alimony can be paid in a lump sum or, more commonly, in periodic payments.

There is no formula regarding the computation of alimony.

Nevada law states that an alimony award has to be “just and equitable.” The words “just and equitable” signify that a judge has discretion in determining the amount and duration. This discretion makes it difficult to predict what  is “just and equitable” in the eyes of the particular judge the case was assigned to. Knowledge of the judge’s previous awards of alimony and knowledge of the facts of the case are essential in estimating what the alimony award, if any, will be.

What does the law tell the judge to consider regarding the award of alimony?

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