Wouldn’t you like a relationship that values open discussion about finances and future goals?  If you answered “yes”, you may want to consider a prenuptial agreement.  By setting the course of your finances before marriage or a domestic partnership, there is less of a chance of future disagreement about the Number 1 topic that leads to divorce – money.  A noted matrimonial attorney recently said “there’s not a single person who couldn’t benefit from a prenup, even if you’re going into marriage with little assets.  You might accumulate assets during the marriage, and even a young couple embarking on their own careers want to make sure that what they acquire during marriage isn’t just left up to a judge to divide.”  Being able to communicate openly about money before marriage or moving in together breaks down one of the major barriers that complicates relationships.

Nevada is a community property state, so unless there is a prenup stating otherwise, assets that are accumulated during the marriage will be divided equally.  What is not always clear is how property acquired before marriage will be divided in divorce.  If a party has a house or a retirement account before marriage and continues to pay into these during the marriage, then it is often difficult to determine how the house or the retirement account will be later divided.  The problem is that the real estate and the retirement account would bepart separate property and part community property.  A prenup can insure that each party receives his or her retirement and real property, regardless of whether funds continued to be expended during the marriage.

What if you have children from a previous relationship that you want to protect financially?  A prenup can keep the Court out of the decision making process about how these assets are divided and clearly determine how the division will occur upon divorce.

There are many legal issues that a prenup can handle, such as whether a party’s income is separate or community income, whether funds in an account are separate or shared, and how real property (houses, condominiums, etc.) will be divided.  A prenup can also handle how home furnishings, jewelry, retirement and investment accounts are divided upon divorce.   Division of debts is also an excellent issue that can be covered by a prenup.  Basically, a good prenup leaves little doubt as to how property, assets and debts will be divided in the event of a divorce.  This then can allow you both to remain friendly and amicable  for the sake of children after a divorce.  Parties with a prenup have little detriment to being honest with their finances since “hiding” assets or debts isn’t necessary with a prenup in place.   The incentive is for a couple to stay married because they want to do so, not because of the financial devastation usually associated with a divorce.

Having an experienced attorney draft the prenuptial agreement and having it reviewed by the other party’s attorney is one of the best ways to put your marriage, domestic partnership or cohabitation agreement on the right course, right from the beginning. Having a lawyer review a document outlining your financial future together is a good way to make sure that the agreement can be enforced in Court or help the parties avoid going to Court in the first place!

While dinner by candlelight and decadent chocolates may set your heart aglow, knowing where the funds to pay for those loving gifts came from frees up your mind to think about the sexier side of Valentine’s Day.

Hillary & Brian Steinberg

Originally published in MyVegas Magazine February, 2013.  Hillary and Brian Steinberg of Steinberg Law Group are recently married (with a prenup)!  Brian is the President and Hillary is VP of Relationship Marketing of the local law firm with emphasis on Family Law.  They can be reached at (702) 384-9664 or at Hillary@SteinbergLawGroup.com

Steinberg Law Group is a Las Vegas based law firm with an emphasis on family law, such as divorce, divorce mediation, child custody, adoption, prenuptial agreements and guardianship. One of the main goals of Steinberg Law Group is to educate the public about the benefits of divorce mediation and using an attorney to advocate for clients in court and legal matters. In an ongoing effort to educate and support the local women’s community by teaching them about divorce mediation, Steinberg wants to continue to foster and develop relationships with current and potential clients.

On the evening of October 11, 2012 Steinberg Law Group and vendors ranging from beauty, fashion, and health were able to provide a night where women could enjoy socializing and gain some free information and prizes. The event took place at Fashion Show mall underneath the metallic cloud that provides shade for tourists and mall-goers alike.

Hillary Torchin, VP of Relationship Marketing at Steinberg Law Group, is a contributing writer in the Las Vegas Woman magazine where she is able to offer her unique perspective to Las Vegas women. Torchin shared, “Being in front of thousands of Las Vegas residents allows us to spread the word about divorce mediation by an attorney, as well as speak about family law issues.”

Steinberg Law Group furthermore advertises in Las Vegas Woman magazine so that more women can be exposed and educated on the options that they have or might need in the future if they pursue divorce mediation or child custody cases.

About Steinberg Law Group: Steinberg Law Group is a Las Vegas based law and mediation firm with an emphasis on divorce, child custody, adoption, prenuptial agreements and guardianship. Their goal is to educate the public about the benefits of divorce mediation by an attorney while being strong advocates of clients in court and legal matters. To find out more, visit http://www.steinberglawgroup.com/

Online PR News – 18-October-2012 –Las Vegas, NV. — Steinberg Law Group is a Las Vegas based law firm with an emphasis on family law, such as divorce, divorce mediation, child custody, adoption, prenuptial agreements and guardianship. The main goal of Steinberg Law Group is to educate the public about the benefits of divorce mediation and using an attorney to advocate for clients in court and legal matters. Due to their overlapping interests, Steinberg Law Group support Baby’s Bounty which is a local non-profit that benefits 0-9 month old babies that are born to indigent, at-risk and teen families in Las Vegas.

Hillary Torchin, VP of Relationship Marketing at Steinberg Law Group also serves as a board member of Baby’s Bounty. With leadership positions in both companies, she was able to create a partnership between both entities. Brian Steinberg, principal lawyer and owner of Steinberg Law Group, supports Baby’s Bounty by financially supporting the non-profit.

Money contributed to the non-profit is then used by Baby’s Bounty to provide disadvantaged families essential clothing and gear such as car seats. Since their start in July of 2008, Baby’s Bounty has helped over 1,800 babies and plans to help thousands more.

Steinberg Law Group believes in the mission set forth by Baby’s Bounty and likes to support local non-profits. “We can’t think of a better non-profit to support especially since we work on cases related to divorce and child custody,” stated Hillary Torchin.

About Steinberg Law Group: Steinberg Law Group is a Las Vegas based law and mediation firm with an emphasis on divorce, child custody, adoption, prenuptial agreements and guardianship. Their goal is to educate the public about the benefits of divorce mediation by an attorney while being strong advocates of clients in court and legal matters. To find out more, visit http://www.steinberglawgroup.com/

About Skyfire: Skyfire has offices in Portland, Oregon and Las Vegas, Nevada. The company is a market leader in digital strategy, website design and programming, search engine optimization, graphic design, social media programs, public relations, visual directing and messaging, and online branding services. To find out more about Skyfire, visit http://www.skyfireyusa.com

The first of my plans: Once she starts college, I will sell the minivan.  It was mine first, then it has became the mode of transportation for each of my girls once they earned their drivers license.  It has numerous dings and scratches – the inside door handle fell off – the side mirrors have been replaced at least two times each – there is a flat tire in the trunk that just happened a week ago – for some reason, yellow paint is all over the carpet – and still, I’m a bit melancholy about the idea of it no longer sitting out in front of our house.  I can feel the beginnings of an empty place in my heart where that solid piece of metal once protected my little girls when they started driving and becoming more and more independent.

Plan two : Get a puppy.  We already have a 15-year old little black furry member of our family who is deaf and almost blind (but still the best dog in the world).  The rationale is that our older dog can teach the puppy a few good tricks.  But I know why my husband is really supportive of the idea (in addition to being a pushover for a cute pup)… he’s not much of a cuddler and he knows I’ll be a tad needy once daughter #3 leaves.  Watching TV or working at my desk with a puppy on my lap may relieve some of the emptiness I imagine I’ll feel.  Hopefully, our boy will enjoy having a dog that will bond with him and make the home that was once filled with the chatter of sisters and their friends into a home of barking and laughter.

Plan three : Spend more quality time together.  I’ve got to admit, it was a very nice feeling when my guy suggested a date night once a week.  I have a large network of girlfriends and organizations that I stay pretty busy with, and he is more of a chill out in front of the TV kind of guy, so I didn’t realize that he actually missed me sometimes.  In addition to our weekly date night, I’m going to suggest that we get involved in a relaxing activity together.  He enjoys bowling, so maybe it’s time to become like “The Flintstones” and join a league.  I’m looking forward to the fall and winter so we can restart our walking time together.

And finally, Plan four : Spend more quality time on myself – and enjoy it!  After 22 years of raising children, it’s time for me to reconnect or discover activities that I like or have always wanted to do.  It’s time to buy that Kindle or iPad and read all of those books I’ve wanted to read.  It’s time to play golf – not just miniature golf with the kids.  And it’s time to paint, or dream, or decorate, or do funky little crafts, or learn to knit, or travel.  Or think about Plans five, six and seven.

My 18-year old daughter recently had surgery and before the anesthesiologist could administer the sleep/numbing drugs, she was asked some pertinent questions, such as  ”Do you feel safe in your home?” and “Are you a victim of domestic violence?”  At first, she thought the questions silly, considering her Mom was there beside her, holding her hand.  However, upon reflection, she realized how important it was that she be asked those questions.  How many young women do not feel safe in their own home?  How many are staying just because they believe they have no one to turn to and no safe sanctuary?

If you are in a situation, such as living together or married, where you do not feel safe; or if you believe that your children are not safe in their living environment; it’s time to get help.  Reach out to family, friends and clergy.  Contact social service agencies.  Hire a family law attorney to divorce or deal with matters such as child custody and support.

Do whatever you must so that by Independence Day, July 4th of next year, you and your family can feel safe and celebrate your own personal freedom.

Lists and Apps and Balance

Hillary Torchin is our Vice President of Relationship Marketing.  She is a featured writer for Las Vegas Woman Magazine.  Click here for her latest article, or continue reading below :

The roses need to be pruned was my first thought upon waking today. It’s Monday morning and I should be thinking about work by coming up with new ways for people to learn about divorce mediation. Instead, I started an internal household to-do list of everything I need to do and everything I didn’t get done over the weekend. Like the roses.Hmmm, it’s Monday, laundry day and I gotta get that check to the bank on my lunch hour all while I’m starting a mental grocery shopping list.

As women do, we balance so much stuff; we often don’t have the luxury of only focusing on work tasks. It’s wondering what you are going to prepare for dinner and making vacation plans and getting our kids to the lab for a blood test in addition to There’s a client meeting today, then a networking event, what should I wear and which shoes won’t kill my feet? We take on projects, like a fundraiser for a non-profit organization six months away thinking, I can make time for that.

It’s not that we can’t focus on one task at a time; it’s that so many things are coming at us at once, it’s hard to take the time to focus on any one of them. A while ago, I went to a class in office systemization that gave me some perspective on dealing with the onslaught of information coming my way every day. I learned that writing a top 10 to-do list at the end of each day was one way that successful people stay organized.

Before going to bed, write a list of 10 things to accomplish the following day. I’ve done it and there is great satisfaction in crossing off each of those items. The key is finding the time to actually write it down each night.

Then there are the phone apps. I started using apps on my smart phone—such as grocery shopping lists and reminders—to help keep my household running smoothly. I set alarms to bring in the dry cleaning, as well as to pick it up and to set out the recycling. Even to pick up my kid from school, which is definitely something I better remember to do.

I hope these tips help you keep your mind more in balance so that you can concentrate on both your work and your home life. With all of these lists and apps, you would think I would have pruned those roses by now… oh well, there’s always next weekend.

Hillary Torchin is VP of Relationship Marketing for Steinberg Law Group, a firm focused on family law. Her goal is to educate the public about the benefits of divorce mediation. She can be reached at hillary@steinberglawgroup.com

Las Vegas Woman Magazine, Summer 2012

Steinberg Law Group:  Helping families maintain their dignity

Family law can be an emotional land mine or protection of an individual’s rights within a family or securing the legality of a couple. For the past 15 years, Steinberg Law Group’s primary focus of family law includes divorce, divorce mediation, child custody, paternity, spousal support and child support actions, actions for arrears in child and/or spousal support, termination of parental rights, adoptions, guardianships, and other family-law related matters.

Steinberg Law Group’s past and current caseload includes matters of relocation (including Haig Convention issues), domestic violence and protective orders. The law group also handles prenuptial agreements, annulments, legal separations and actions between unmarried partners, including same-sex partners.

With the divorce rate at an all-time high, the scenario is all too common. Two people who were once deeply in love are now on opposite sides separating assets with children, who are often included in the emotional turmoil.

Las Vegas native Brian Steinberg, founder of Steinberg Law Group, advocates and practices divorce mediation as a viable alternative to a litigated divorce.

“I chose divorce mediation because I strongly believe that parties with children should be making their own decisions for their children and finances with the help of an experienced attorney/mediator,” Steinberg said. “Divorce litigation is an adversarial process which does not lend itself well for the parties having a continued relationship with each other as parents. Mediation allows the parties to maintain a parental relationship and resolve all issues in their divorce including custody and financial issues.”

Even though it is generally less expensive than a contested divorce action, there are other reasons mediation can be a preferable way to handle any type of divorce, particularly high net worth divorces, and can cover all of the complexities. If both parties can sit and discuss the terms with a mediation attorney, the law group can generally work out a plan for child custody, child and spousal support, and division of assets and debts. The plan is completely customized. Mediated plans have many benefits that are more favorable and less confrontational than a typical court plan than when a judge decides, particularly when children are involved. Mediated divorces are also confidential and sealed, which helps to ensure privacy for both parties.

According to Steinberg, there is always a degree of uncertainty as to how the judge will rule.

“By (choosing mediation), the parties are empowered to justifiably believe that they can resolve any future custody problems without going to court since they have already resolved a much larger number of divorce issues, including custody, without going to court,” Steinberg said. “Often, the parties in mediation also agree to a mediation clause to ensure that mediation is attempted first before either party files a future motion with the court.”

In other words, the mediation process leads the parties down a road where an out-of-court resolution is more likely and acceptable than the alternative of going to court. This serves both the best interest of the child or children and the parties themselves, especially since the savings are considerable with better overall results.

Steinberg was inspired to be a family law attorney because he is a strong child advocate. “Children need to be protected and their best interests need to be strongly considered in reaching a resolution in order for them to have a good childhood that leads to them being productive adults and good citizens,” Steinberg said.

If there is a need to hire an attorney who specialized in family law, Steinberg advises people to look for the following in a family law attorney: experience, honesty, the ability to act in the client’s best interest above their own and the ability of the client to maintain a good attorney-client relationship with their selected attorney.

Another area of concern is domestic violence and the obstacles both the attorney and client must overcome.

Steinberg advices, “First off, it is best to avoid a domestic violence situation. Frequently, one party will provoke the other party into a domestic violence situation in order to gain an advantage in a custody and/or divorce situation. It should be known that a conviction of domestic violence entails that there is a legal presumption that the convicted party should not have custody of the child or children. While it is possible to rebut the presumption, it is best to avoid this situation in the first place.

“As for the person who is the victim of domestic violence, they frequently do not contact the authorities such as police and doctors. Also, they often do not document injuries by taking pictures or going to the doctor who will place this information in the party’s record. Furthermore, the victims of domestic violence often fail to pursue a criminal action against the perpetrator and sometimes refuse to testify because of influence or threats by the perpetrator. Those who commit domestic violence are often very manipulative people. It should be remembered that in a divorce or custody situation that ‘no good deed goes unpunished.’ This often means that the victim of domestic violence, who thinks they are doing a good thing for the perpetrator, will live to regret it when the perpetrator is awarded joint or primary physical custody of the minor child or children,” Steinberg said.

Steinberg urges anyone who has been in situation when domestic violence to take steps to leave the situation and contact an attorney to protect their rights.

While a legal marriage or civil union is not yet offered in the state of Nevada for same-sex couples, Steinberg Law Group offers services for writing a domestic partnership agreement to protect both individuals.

“With same-sex partners, having an agreement indicating how property will be divided after a separation could make the difference between going to court and having an easy resolution,” Steinberg said.

In Nevada, there is a domestic partnership and the presumption is that community property laws will apply, which is similar to a marriage situation. As such, the domestic partnership agreement would serve much the same function for same-sex partners as a prenuptial agreement would for opposite-sex partners who later become married or enter a domestic partnership.

In Nevada, prenuptial agreements are enforceable. However, the formalities of the agreement are just as important as the agreement itself. Some of the formalities are that each side should have his or her own attorney, the agreement should be reviewed by both counsel with their respective clients well before the marriage, there must be full disclosure, it must be a reasonable agreement for both sides and both parties need to operate in good faith and clean hands with regard to the purpose of the agreement, no duress, and both parties should freely enter the agreement with the thought that he or she is making an informed and intelligent decision.

Navigating the tumultuous waters of love and separation can be daunting. But with the help of a good lawyer, one can come out ahead and get ready to start a new chapter in life while leaving the past intact without deep wounds or live with decisions one soon regrets.

The Servicemember Family Protection Act (H.R. 4201) would prevent family court judges from ruling against our military members in child custody cases based solely on past or future deployments. Supporters of the bill believe that the simple fact of military lifestyle should not unfairly prevent that parent from being awarded custody.

H.R. 4201 states : For servicemembers who deploy for periods between 60 days and 18 months, this bill would restrict courts from considering those absences when determining permanent child-custody arrangements. The bill also would require the reinstatement of custody orders in effect preceding any deployment or anticipated deployment of the servicemember (unless a court finds that reinstatement is not in the child’s best interest) and provide servicemembers with either the protections under this bill or applicable state law, whichever is most favorable.

Some of our military have been scrutinized for leaving their children in the custody of a grandparent, stepparent or other family member when they deploy. It is in the best interests of servicemembers to communicate regularly about the status of future deployments.  While the law would give military parents more leverage during deployment, parents should also be taking appropriate measures to ensure that, as always, the well-being of their children is a priority.

For more information about military divorce and custody actions, please call or contact our office today.

DEAR CAROLYN: My husband’s brother is in the middle of a very nasty divorce, and my husband and I are grieving the loss of a wonderful friendship with our ex-sister-in-law.

The brother has been adamant about our cutting ties with her. We are not so sure we can do this, and have been thinking of including her in our holiday plans.

Would you agree that it’s OK to make an exception at holidays, especially for someone who doesn’t really have other family in the area?

— Anonymous

DEAR CAROLYN: This is wholly dependent on context. The simplistic answer is to say your brother-in-law doesn’t have the right to make you cut ties. He doesn’t.

But: He might have the right to ask. Who wronged whom in the marriage? I’ve read too many accounts of abuse victims whose families insist on staying in touch with the abusers. That’s a huge betrayal by family.

On the other hand, if your brother-in-law mistreated his ex, then his family has standing to say, “You want nothing to do with her, and that’s your right, but she was good to us and we grew to love her over these 7/17/27 years.”

You can even ask him to back up his request: “If she mistreated you, then please say so, because we don’t want to harbor someone who harmed you. But if you just don’t love her anymore, then I feel I have a right to continue my own relationship with her.”

Just make sure you’re confident in your facts and prepared for any consequences before you act, since any choice is likely to alienate someone. If you’re not willing to risk your relationship with the brother, or if your husband isn’t, then that decides it. Otherwise you maintain ties as you deem appropriate and let others decide how to respond.

Unfortunately, that is often not the case. An experienced attorney realizes that more often than not, their expertise is necessary to avoid additional legal and financial pitfalls. In an uncontested divorce, for instance, an attorney can give direction when it comes to wording the document to resolve child support, custody, college education and settlements. The Clark County Court System is very busy and while many of the officials there are well-meaning, they are technically not allowed to give legal advise. Also, paperwork must be filed correctly and in detail. It has to be filed within certain time periods. A proper attorney knows all of the rules and regulations and is priceless when it comes to representing you without botching your case.

I have been seeing couples that attempt a DIY divorce, either because they believe it is a simple case or because of the money involved, only to have it rejected by the Court. Any unclear wording or the smallest of errors can cause a divorce action to be put on hold by a judge. It is usually less expensive overall, easier, and faster to prevent bad things from happening during a divorce than it is to undo or repair the damage once it is done. If you count the time and expense, a DIY divorce can be more trouble than if you had spoken to an attorney initially.

Feel free to call my office today to set up an appointment for a free consultation, or fill out the contact form on the website, www.SteinbergLawGroup.com. I am ready to assist you with all of your family law needs and to be your advocate in Court.