Divorce
Jamie Henry is particularly skilled in the preparation and finalization of complex financial and custody matters within a divorce. Although she does not promote litigation for litigation’s sake, her aggressive trial skills are an important talent to have if efforts at settlement fail. In many instances clients achieve favorable settlements because the opposition does not have trial court abilities.
Custody and Visitation
Because children are the most precious product of a marriage, custody and visitation are two of the most emotionally draining issues that arise when marriages or other relationships fail. Problems also arise when one party wishes to move to another state with a child. There are instances, called “Hague Convention” cases, when a child is taken out of the United States or brought into the United States by a parent over the objection of the other parent. Jamie Henry is well experienced and skillful in dealing with all of these very difficult types of issues.
Child Support
Child support is usually a monthly payment made to the parent with whom children under the age of 18 primarily reside and is intended for their support and maintenance. Nevada law provides guidelines for determining a percentage of income that one parent should pay for child support to the parent with whom the child primarily resides. However, courts or parties, with court approval, may set child support above or below the guidelines considering a variety of factors. Jamie Henry has handled countless matters involving child support and is well-experienced not only in determining guideline computations as well as the actual needs of the child and the party’s actual ability to pay, but also in presenting evidence supporting a variance from the statutory guidelines.
Parentage/Paternity
In our society many children are born to couples living together without the benefit of marriage, or to single women who have sexual intercourse during a dating relationship and who later claim that their child resulted from those sexual relations. In some cases, the sexual partner claims to be the father of the child. In all of these cases, the relationship has produced a child needing support. Jamie Henry is experienced in determining the legitimacy of parentage claims and, if the claims are legitimate, in prosecuting or defending the determination of reasonable child support. Although the amount of child support is defined by statute, which specifies guideline percentages based on the non-custodial parent’s income, the parties and the court may vary from the guidelines if there is a proper basis to do so. Jamie Henry has both settled and tried many child support cases and knows how to achieve a reasonable resolution of that issue for clients.
Spousal Support/Alimony
Spousal Support is a payment that one spouse makes for the support of the other after the marriage ends. Where one spouse is not self-supporting after a dissolution of marriage while the other spouse is both self-supporting and able to contribute to the other spouse’s support, spousal support is generally ordered. The amount and duration of support varies depending on a number of criteria provided for by statute. Nevada law provides no formula by which to calculate the right amount for spousal support. Jamie Henry has both prosecuted and defended many cases in which spousal support is a key issue. She is well trained and experienced in developing and presenting evidence for trial or settlement negotiations that take into account the parties’ needs and ability to pay, as well as the tax impact of support payments.
Property Division
Dividing property in a divorce is more complex than it may seem. First, careful study and research is necessary to be sure that all property is accounted for. Second, the property needs to be categorized as either marital or non-marital. Finally, the property must be valued and then divided. Dividing property does not necessarily mean an equal division. Nevada law provides a number of criteria for people and courts to consider to determine what division of property is equitable. Jamie Henry regularly deals with complex financial cases and is well trained to find, categorize, value and achieve satisfactory divisions of the property for clients.
Retirement Plans and Benefits
Many parties who contemplate divorce do not expect that their retirement benefits comprise a large share of their joint assets. Nevertheless, retirement benefits have become among the largest assets to be addressed during the divorce process. If the intricacies of retirement benefits and the laws that regulate them are not understood and carefully considered during the divorce process, parties may later discover that they have received less than the full retirement benefit that could have been made available. For these types of issues, Jamie Henry does thorough discovery, analysis, and allocation of retirement and related benefits incident to divorce as well as the preparation of Qualified Domestic Relations Orders ("QDROs"), which is a specialized court order that allocates retirement benefits between divorcing parties.
In Nevada, as well as in most other states, retirement benefits that are earned during the period of the marriage are considered to be marital property and may be allocated between the parties in a divorce proceeding. Thus, when parties are contemplating or working through a divorce, they must learn what retirement benefits have accrued to both parties and how those benefits may be factored into a settlement or litigation strategy. Jamie Henry has developed sufficient expertise in the intricacies of the laws governing retirement benefits and their allocation in divorce and is able to develop legal strategies to maximize those benefits either through settlement or trial.
In Nevada, as well as in most other states, retirement benefits that are earned during the period of the marriage are considered to be marital property and may be allocated between the parties in a divorce proceeding. Thus, when parties are contemplating or working through a divorce, they must learn what retirement benefits have accrued to both parties and how those benefits may be factored into a settlement or litigation strategy. Jamie Henry has developed sufficient expertise in the intricacies of the laws governing retirement benefits and their allocation in divorce and is able to develop legal strategies to maximize those benefits either through settlement or trial.
Domestic Violence and Orders of Protection
These are emergency matters that need immediate attention and a good understanding of the system to achieve needed protection. Other cases involve a party who is wrongly accused of abuse and harassment and who needs representation to defend against a false claim. Jamie Henry is experienced in litigating domestic violence matters and resolving them favorably for our clients.
Premarital and Postnuptial Agreements
A Premarital Agreement, also commonly referred to as a Prenuptial or Antenuptial Agreement, is a contract entered into by the parties before marriage that defines what will happen when the marriage ends, either by dissolution or the death of one of the parties. A Postnuptial Agreement is an agreement that spouses may enter into after they are married in circumstances where they choose to remain married but want to divide their assets or provide for a specific division in the event of dissolution of marriage or death. Parties contemplating these agreements need lawyers who understand the delicate balance necessary for the marriage to occur or be preserved when negotiating for the financial results the parties seek to achieve. Jamie Henry has extensive experience in dealing with the fine line between negotiating a favorable financial settlement while preserving the parties’ relationship.
Termination of Parental Rights
Termination of parental rights is a very serious matter. When your parental rights to your child are terminated, you no longer have the right to visit with your child, speak with your child, or make decisions on behalf of your child. In all respects, your relationship with your child is permanently and completed ended. Every termination case is very different involving specific, individual circumstances. Jamie Henry can you help you through this process.
Adoption
An adoption is a joyous time time to celebrate a new addition to the family. Jamie Henry has helped several families with adoptions and would love the opportunity to be a part of your family's life changing moment as well.
Mediation
Mediation is a form of alternative dispute resolution. Jamie Henry is a trained lawyer mediator who acts as a neutral to aid parties and their attorneys in settling their disputes without the need for court intervention. Mediation saves the parties the cost of litigation as well as the time delays that the formal court process usually causes. Jamie Henry not only acts as a mediator, but also represents parties in mediations. She is a Court appointed Mediator in Douglas County and has been engaged to conduct several private mediations as well.