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Blog Posts in February, 2015

Negligence

NEGLIGENCE To recover under a negligence theory, the Plaintiff must prove four elements: (1) that defendant owed him a duty of care; (2) that defendant breached this duty of care; (3) that the breach ...
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Defining value in divorce

DEFINING VALUE IN DIVORCE Be advised that I, Eric Roy, wrote this article for my and my staff's benefit. I am a lawyer of course but I am not a CPA. Thus if you wish for a more comprehensive ...
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Some property division considerations in divorce

SOME PROPERTY DIVISION CONSIDERATIONS Often forgotten among practitioners is the fact that a qualified domestic relations order (QDRO) can be used for the purpose of satisfying child support, alimony, ...
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Mortgage and credit in divorce

MORTGAGE AND CREDIT IN DIVORCE 16.2 requires disclosures of financials. At counsel you should have a list for your paralegal of all documents you will need to gather from your client in order to ...
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Finding, valuing, and dividing other assets in divorce

FINDING, VALUING AND DIVIDING OTHER ASSETS IN DIVORCE The community property mandate in Nevada is that all property is to be divided equally to the extent practicable. That being said there are some ...
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Bankruptcy in divorce

BANKRUPTCY IN DIVORCE Bankruptcy can be filed before or after divorce. If both parties file pre-divorce you have a good situation as you have no debt to deal with. Things get complicated when only one ...
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A few points on tax consequences in divorce

A FEW POINTS ON TAX CONSEQUENCES IN DIVORCE As a divorce practitioner you need to keep in mind tax consequences of divorce. Generally speaking the division of property within a divorce does not create ...
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Conversation with Eric Roy

1. Why did you study law? I believe in the continuous cultivation of one’s self. The law touches on so many areas of our lives. I wanted an education that would leave me capable in a variety of ...
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Theory and Theme in Divorce

THEORY AND THEME IN DIVORCE Be advised that I, Eric Roy, write these articles primarily for my own benefit as I find the subject matter interesting. Theory and theme concepts are not novel to trial ...
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File Organization for High Asset Divorce

FILE ORGANIZATION FOR HIGH ASSET DIVORCE Please understand that I, Eric Roy, write these articles primarily for my own personal benefit, as well as for the benefit of my staff who I insist understand ...
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Expert Deposition in Divorce

EXPERT DEPOSITION IN DIVORCE Before reading this article understand that I, Eric Roy, write these articles entirely for my and my staff's benefit. We use this information as a resource. If you ...
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