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Divorce for Military Couples in Las Vegas

Military divorces in Las Vegas come with their own set of unique challenges and considerations. If you’re a service member or married to one, it’s crucial to understand how these divorces differ from civilian cases.

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Unique Aspects of Military Divorces

Military divorces involve a complex blend of state and federal laws. This can make the process seem overwhelming, but don’t worry—we’re here to break it down for you.

Federal and State Laws Applicable

In Las Vegas, military divorces are subject to both Nevada state laws and federal regulations. This dual jurisdiction can affect various aspects of your divorce, including:

  • Property division
  • Child custody arrangements
  • Spousal support calculations
  • Retirement benefit allocation

It’s like juggling two rulebooks at once. That’s why it’s crucial to have a lawyer who understands both sets of laws.

Impact of Military Service on Divorce Proceedings

Your military service can significantly influence how your divorce unfolds. Here’s how:

  • Deployments may delay court proceedings
  • Military benefits become part of the asset division discussion
  • Frequent relocations can complicate child custody arrangements

Remember, your service to our country is respected in the legal system. Protections are in place to ensure your military duties don’t put you at a disadvantage during divorce proceedings.

Residency Requirements for Military Divorces

Las Vegas has specific residency requirements for filing for divorce. But don’t worry – there are special considerations for our men and women in uniform.

Nevada’s Six-Week Residency Rule

Typically, Nevada requires at least one spouse to have lived in the state for at least six weeks before filing for divorce. This rule applies to both civilian and military divorces. But here’s the good news – military personnel have some flexibility with this requirement.

Active duty service member in uniform
Las Vegas recognizes unique circumstances for active duty military members in divorce proceedings

Exceptions for Active Duty Service Members

If you’re on active duty, you can file for divorce in Nevada even if you haven’t physically resided here for six weeks. Here’s how:

  • You’re stationed in Nevada
  • You list Nevada as your home of record
  • Your spouse meets the residency requirement

These exceptions recognize the mobile nature of military life and aim to make the process more accessible for service members.

Choosing a Military Divorce Lawyer in Las Vegas

Selecting the right lawyer can make all the difference in your military divorce case. Let’s explore why specialized representation is essential and what qualities to consider in your attorney.

Importance of Specialized Legal Representation

When it comes to military divorces, not all lawyers are created equal. It would help if you had someone who understands the unique aspects of military life and law.

Knowledge of Military Benefits and Regulations

A specialized military divorce lawyer in Las Vegas will have in-depth knowledge of:

  • The Uniformed Services Former Spouses’ Protection Act (USFSPA)
  • Military pension division rules
  • TRICARE benefits for former spouses
  • BAH and other military allowances

This expertise can be crucial in ensuring that you receive a fair settlement that considers all your military benefits.

 

Experience with Local and Federal Courts

Your lawyer should be comfortable navigating both Nevada state courts and federal regulations. This dual expertise is essential because Some aspects of your divorce will be handled in state court. Others may involve federal laws or even military tribunals.

A lawyer with experience in both arenas can provide seamless representation throughout your case.

Qualities to Look for in a Military Divorce Attorney

Choosing the right attorney is more than just their knowledge of the law. You want someone who truly understands your situation.

Understanding of Military Culture and Lifestyle

Look for a lawyer who:

  • Has experience working with service members
  • Understand the demands of military life
  • Can communicate effectively with military personnel and their families

This understanding can lead to more effective representation and better outcomes for you.

Track Record in Handling Military Divorces

Please don’t be shy about asking potential lawyers about their experience with military divorces. Consider:

  • How many military divorce cases have they handled?
  • What were the outcomes of these cases?
  • Do they have testimonials from other service members?

A strong track record in military divorces can give you confidence in your lawyer’s abilities to handle your case effectively. Remember, choosing the right lawyer is crucial in navigating your military divorce in Las Vegas. Take your time, ask questions, and find someone who makes you feel confident and comfortable. Your future may depend on it.

Split image of a military base and courthouse representing military divorce complexities
Military divorces involve unique challenges at the intersection of military life and civilian law

Critical Issues in Military Divorces

When it comes to military divorces in Las Vegas, there are some unique challenges you’ll need to navigate. Let’s break down these critical issues so you can be prepared.

Division of Military Retirement Benefits

One of the biggest concerns in a military divorce is often the division of retirement benefits. It’s not as simple as splitting a civilian 401(k).

Uniform Services Former Spouses Protection Act (USFSPA)

The USFSPA is a federal law that governs how military pensions are treated in divorce. Here’s what you need to know:

  • It allows state courts to treat military retirement as marital property
  • The law doesn’t automatically entitle ex-spouses to a portion of the pension
  • State laws determine how the pension is divided

Remember, just because you can divide the pension doesn’t mean you have to. It’s often used as a bargaining chip in negotiations.

10/10 Rule for Direct Payments

Ever heard of the 10/10 rule? It’s crucial in military divorces. Here’s how it works:

  • The marriage must have lasted at least ten years
  • These 10 years must overlap with 10 years of military service
  • If met, the ex-spouse can receive payments directly from the military

Don’t worry if you don’t meet this rule. You can still get a portion of the retirement, but payments will come from your ex-spouse instead of directly from the military.

Child Custody and Support

Child custody in military divorces can be tricky. Let’s tackle the main issues.

Impact of Deployments on Custody Arrangements

Deployments can throw a wrench in custody plans. Here’s what you should consider:

  • Temporary custody arrangements during deployments
  • Virtual visitation options like video calls
  • Make-up parenting time after returning from deployment

The key is flexibility. Both parents must be willing to adapt to the unique demands of military life.

Military parent in uniform video calling child, deployment calendar visible
The Uniform Deployed Parents Custody and Visitation Act helps maintain parent-child relationships during military deployments

Uniform Deployed Parents Custody and Visitation Act

This act helps protect the parental rights of deployed service members. It provides

  • : A way to delegate visitation rights during deployment
  • Expedited hearings for custody issues before deployment
  • Prohibition on permanent custody changes based solely on deployment

Remember, the goal is to maintain the parent-child relationship despite the challenges of military service.

Spousal Support and Alimony

Spousal support in military divorces has its own set of considerations. Let’s explore them.

Considerations for Military Spouses

Military spouses often face unique challenges that can affect spousal support:

  • Frequent moves may have hindered career development
  • They might lack job skills due to long periods of unemployment
  • They may have sacrificed personal goals to support their spouse’s military career

Courts often take these factors into account when determining spousal support.

Military-Specific Divorce Considerations

There are some aspects of military divorces that you won’t find in civilian cases. Let’s dive into these unique considerations.

Service Members Civil Relief Act (SCRA)

The SCRA is designed to protect active duty service members during legal proceedings. It’s like a safety net for those serving our country.

Protections for Active Duty Service Members

The SCRA offers several protections:

  • Postponement of civil court actions, including divorce proceedings
  • Protection from default judgments
  • Caps on interest rates for pre-service debts

These protections ensure that your military service doesn’t put you at a disadvantage in legal matters.

Stay of Proceedings During Deployment

You can request a “stay” or postpone divorce proceedings if you’re deployed. Here’s how it works:

  • You must show that your duties prevent you from participating in the case
  • The initial stay is for at least 90 days
  • You can request additional stays, but they’re not guaranteed

This gives you time to focus on your mission without worrying about court dates back home.

Pie chart of military benefits with a gavel symbolizing division in divorce
The division of military benefits is a complex aspect of divorce proceedings for service members

Division of Military Benefits

Military benefits aren’t just about retirement. There are other perks to consider in a divorce.

Healthcare Benefits (TRICARE)

TRICARE benefits can continue for some ex-spouses. Eligibility depends on the “20/20/20” rule:

  • 20 years of marriage
  • 20 years of creditable military service
  • 20 years overlap of marriage and service

If you meet this rule, you can keep TRICARE coverage as if you were still married.

Base Housing and BAH Considerations

Living on base or receiving BAH can complicate things:

  • You may need to move out of base housing after divorce
  • BAH rates may change based on your new dependent status
  • These changes can affect your financial situation significantly

Planning for these potential changes is crucial when negotiating your divorce settlement.

Impact on Military Career

Divorce can affect your military career in ways you might not expect.

Security Clearance Implications

Divorce itself doesn’t automatically impact your security clearance. However:

  • Financial problems resulting from divorce could raise red flags
  • Emotional stress might be a concern in high-security positions
  • Be proactive in addressing any issues that could affect your clearance

Open communication with your command about your situation can help mitigate potential problems.

Command Notification Requirements

In most cases, you must inform your command about your divorce. Here’s why:

  • It can affect your benefits and pay
  • Your command may need to adjust your duties or deployment schedule
  • They can provide resources to help you through this challenging time

Remember, your command is there to support you. Don’t hesitate to lean on them during this process.

Filing for Divorce in Las Vegas as a Military Member

Ready to take the plunge and file for divorce? Let’s walk through the process together. It might seem daunting, but we’ll break it down step by step.

Jurisdiction and Venue

First things first: where should you file? It’s not always as straightforward as you might think.

Split image of Clark County Family Court and federal courthouse with military insignia
Military divorces in Las Vegas may be filed in either county or federal courts, depending on the circumstances

Choosing the Appropriate Court

In Las Vegas, you have options:

  • Clark County Family Court (for most cases)
  • Federal court (in rare circumstances)

Typically, you’ll file in Clark County. But you might end up in federal court if there are complex federal issues. Don’t worry, though – your lawyer will guide you on this.

Filing Options for Deployed Service Members

Deployed? No problem. Las Vegas courts understand your unique situation:

  • You can file electronically in many cases.
  • Your lawyer can represent you in your absence.
  • Some hearings can be conducted via video conference.

Remember, your service shouldn’t hinder your ability to file for divorce. The courts are here to work with you.

Uncontested vs. Contested Military Divorces

Now, let’s talk about types of divorces. They’re not all created equal!

Joint Petition Process

  • An uncontested divorce is like a smooth sailing ship. Here’s what it looks like: Both parties agree on all terms
  • You file a joint petition together.
  • The process is usually faster and less expensive.

Sounds nice. This could be your best bet if you and your spouse are on the same page.

Complaint Filing Process

A contested divorce is more like navigating choppy waters. Here’s the deal:

  • One spouse files a complaint.
  • The other spouse must respond.
  • There may be multiple court hearings.

It’s more complex, but sometimes necessary if you can’t agree on terms. Don’t worry – your lawyer will be your compass through these rough seas.

Financial Aspects of Military Divorces

Money matters can be tricky in any divorce. In a military divorce? Even more so. Let’s dive into the dollars and cents of it all.

Division of Assets and Debts

Splitting up your stuff is about more than just who gets the big-screen TV. It’s much more complex in military divorces.

Treatment of Military Pensions

Military pensions are often the biggest asset in a military divorce. Here’s what you need to know:

  • They’re considered marital property
  • The non-military spouse may be entitled to a portion.
  • The division is based on the length of the marriage and service.

It’s not a simple 50/50 split. The court uses a complex formula to determine a fair division.

Thrift Savings Plan (TSP) Division

Your TSP is like a 401(k) for service members. Here’s how it’s handled in divorce:

  • It’s also considered marital property.
  • It can be divided through a court order.
  • The division doesn’t happen automatically – you must submit the right paperwork.

Remember your TSP in the divorce negotiations. It could be a significant part of your financial future.

Tax Implications

Ah, taxes. They follow us everywhere, don’t they? Even into divorce.

Military-Specific Tax Considerations

Military divorces have some unique tax issues:

  • Military pensions are taxable income.
  • BAH and other allowances have special tax treatment
  • Combat pay exclusions can affect support calculations.

It’s like a military-themed tax puzzle. Make sure your lawyer is well-versed in these specifics.

Military dependent ID card being cut in half
Divorce can significantly impact the dependent status of military family members

Impact on Dependent Status

Your tax filing status will change after your divorce. Here’s what to expect:

  • You can no longer file jointly.
  • Only one parent can claim children as dependents.
  • This can affect your tax bracket and deductions.

Pro tip: Consider consulting a tax professional along with your divorce lawyer. They can help you navigate these choppy tax waters.

Post-Divorce Considerations for Military Families

The divorce decree isn’t the end of the story. There’s still more to consider, especially for military families.

Relocation and PCS Orders

In the military, moving is a way of life. But after divorce, it gets more complicated.

Modifying Custody Arrangements

PCS orders can throw a wrench in your custody plans. Here’s how to handle it:

  • Notify the other parent as soon as you get orders.
  • Try to negotiate a new arrangement amicably.
  • If you can’t agree, you may need to go back to court.

Remember, flexibility is critical. The courts understand the unique challenges of military life.

Geographic Restrictions in Parenting Plans

Some parenting plans include geographic restrictions. Here’s what that means:

  • You might be required to live within a certain distance of the other parent.
  • Moving outside this area could require court approval.
  • These restrictions can conflict with military orders.

Your military duties and parenting responsibilities are delicately balanced. Work closely with your lawyer to navigate these challenges.

Children’s Eligibility for Benefits

  • Good news – your kids can usually keep their benefits: They remain eligible for TRICARE until age 21 (or 23 if in college)
  • They can use the commissary and exchange
  • They keep their military ID cards.

Your children’s benefits are generally safe, regardless of the custody arrangement. Navigating a military divorce in Las Vegas is no small feat. But armed with this knowledge, you’re better prepared to face the challenges ahead. Remember, you’re not alone in this. With the proper legal support and resources, you can successfully navigate this transition and move forward with your life.

Resources for Military Couples Facing Divorce

Going through a divorce can feel isolating, but you’re not alone. There are plenty of resources available to help you navigate this challenging time. Let’s explore some of the support systems you can tap into.

Military Legal Assistance Offices

Your first stop for legal guidance should be your base’s legal assistance office. They’re like your legal pit crew, ready to help you get started.

Services Offered

These offices provide a range of services:

  • Initial legal advice on divorce proceedings
  • Help with understanding your rights and benefits
  • Assistance with drafting legal documents
  • Referrals to civilian attorneys when needed

Think of them as your starting line in the divorce process. They’ll help you get your bearings and point you in the right direction.

Limitations of Military Legal Aid

While these offices are beneficial, they do have some limitations:

  • They can’t represent you in court
  • They can’t prepare civilian court documents
  • They can’t assist both you and your spouse due to a conflict of interest

Military legal assistance is a significant first step, but you’ll likely need a civilian attorney for full representation.

Mixed group of military and civilian individuals in a support group session
Support groups and counseling services offer valuable emotional assistance during military divorces

Support Groups and Counseling Services

Divorce isn’t just a legal process – it’s an emotional journey too. That’s where support groups and counseling come in.

On-Base Resources

  • Your military base is likely to offer several support options: Family readiness groups
  • Military and family life counselors
  • Chaplain services

These resources are like your emotional pit crew. They’re there to support you, listen to you, and help you stay mentally fit during this challenging time.

Civilian Organizations Supporting Military Families

Off-base, there are numerous organizations ready to lend a hand:

  • Military OneSource offers free, confidential counseling
  • The Red Cross provides emergency communication services
  • Operation Homefront assists with financial and emotional support

Don’t hesitate to contact these organizations. They understand the unique challenges of military life and are eager to help.

 

Hiring a Military Divorce Lawyer in Las Vegas

Now that you’ve got some initial guidance, it’s time to find your legal champion. Here’s how to hire a military divorce lawyer in Las Vegas.

Initial Consultation Process

Think of the initial consultation as a first date with your potential lawyer. It’s your chance to see if you’re a good fit.

What to Expect

During your first meeting, you can expect:

  • A brief overview of your case
  • An explanation of the lawyer’s experience with military divorces
  • A discussion of potential strategies
  • An opportunity to ask questions

Come prepared with your own questions. This is your chance to interview the lawyer and see if they’re right for you.

Documents to Prepare

To make the most of your consultation, bring along:

  • Your military ID
  • Recent Leave and Earnings Statement (LES)
  • Any existing legal documents related to your marriage or separation
  • A list of assets and debts

The more information you provide, the better advice you’ll receive. It’s like giving your lawyer a head start in understanding your situation.

Fee Structures and Payment Options

Let’s talk money. Understanding lawyer fees can be confusing, but we’ll explain it.

Retainer Agreements

Most lawyers work on a retainer basis. Here’s how it typically works:

  • You pay an upfront fee (the retainer)
  • The lawyer bills against this retainer as they work on your case
  • When the retainer is depleted, you may need to replenish it

Think of a retainer-like a prepaid card for legal services. You load it up, and the lawyer draws from it as they work.

Military Discounts and Payment Plans

Many lawyers offer special considerations for military members:

  • Discounted rates for service members
  • Flexible payment plans
  • Acceptance of military allotments

Be bold about asking for these options. Many lawyers are happy to work with you to make their services more accessible.

Runner crossing finish line with arms raised.

Breaking It All Down for You

Divorce isn’t the end of your story – it’s the beginning of a new chapter. Yes, it’s challenging. Yes, it can be emotionally draining. But it’s also an opportunity for growth and new beginnings. Remember the resilience that got you through basic training, deployments, and all the other challenges of military life. That same strength will carry you through this process, too.

As you move forward, hold your head high. Your service to our country is honorable and deserves a fair and respectful divorce process. With the proper support and resources, you can navigate this transition and emerge stronger on the other side. You’ve got this, soldier. Take it one step at a time, and before you know it, you’ll be standing on the other side, ready for whatever comes next. Your new mission awaits!

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Frequently Asked Questions

What steps should I take immediately after deciding to get a divorce?

Once you’ve decided to divorce, consider these immediate steps:

  • Secure your important documents (military ID, birth certificate, marriage license)
  • Open a separate bank account
  • Begin documenting your assets and debts
  • Seek emotional support from trusted friends, family, or counselors
  • Consult with a military divorce lawyer to understand your rights

These actions can help you feel more in control and prepared for the process ahead.

How does military service affect my chances of getting custody of my children?

Military service doesn’t automatically disqualify you from custody, but it does present unique challenges:

  • Courts consider the best interests of the child, including stability
  • Your deployment history and potential future deployments will be factored in
  • Flexible custody arrangements can be created to accommodate military service
  • Family Care Plans can demonstrate your ability to provide for your children

Remember, many courts recognize the value of having both parents involved in a child’s life, even with the challenges of military service.

Are there specific resources for spouses of military members considering divorce?

Yes, there are several resources tailored for military spouses:

  • The Spouse Education and Career Opportunities (SECO) program
  • Military Spouse Employment Partnership (MSEP)
  • National Military Family Association
  • Military Spouse JD Network (for spouses interested in legal careers)

These organizations offer support, education, and career assistance to help military spouses transition during and after divorce.

What happens if my spouse and I are stationed in different states during the divorce?

This situation is not uncommon in military divorces. Here’s what you need to know:

  • You can file for divorce in either state, depending on residency requirements
  • The state where the divorce is filed will generally have jurisdiction
  • If child custody is involved, the child’s home state usually has jurisdiction
  • You may need to attend hearings virtually if you can’t be physically present

Working with a lawyer experienced in multi-state military divorces can help navigate these complexities.

Can I change my name back to my maiden name after divorce, and how does that process work?

Yes, you can revert to your maiden name. Here’s the general process:

  • Request the name change in your divorce petition or final decree
  • Once granted, obtain certified copies of your divorce decree
  • Update your social security card, driver’s license, and passport
  • Notify your military branch of the name change
  • Update all personal records (bank accounts, credit cards, etc.)

Remember, changing your name won’t affect any benefits you’re entitled to from the divorce settlement.

What penalties do I face if I fail to comply with a court order during divorce proceedings?

Failing to comply with court orders can have serious consequences:

  • You may be held in contempt of court
  • Fines or jail time could be imposed
  • It may negatively impact your military career
  • Your security clearance could be jeopardized
  • It could affect future custody or support decisions

Always strive to comply with court orders. If you can’t do so due to military duties, communicate with the court immediately through your lawyer.

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Glossary

BAH (Basic Allowance for Housing): A tax-free monthly payment to service members to cover housing costs when government quarters are not provided.

BAS (Basic Allowance for Subsistence): A monthly allowance to cover the cost of a service member’s meals.

Contested Divorce: A divorce where spouses cannot agree on one or more critical issues, requiring court intervention to resolve disputes.

DFAS (Defense Finance and Accounting Service): The agency responsible for payment of military members, including the division of military pensions in divorce cases.

Jurisdiction is the court’s legal authority to hear and decide a case. In divorce cases, it determines which state’s laws will apply.

Joint Petition: A divorce filing where both parties agree on all terms and file together, typically resulting in a faster, less contentious process.

LES (Leave and Earnings Statement): A monthly statement provided to service members detailing their pay and benefits.

Military Pension: A defined benefit retirement plan for service members, often a significant asset in military divorces.

PCS (Permanent Change of Station): An official relocation of a service member to a different duty location.

Residency Requirement: The minimum time a person must live in a state before being eligible to file for divorce there.

SCRA (Servicemembers Civil Relief Act): A federal law that provides legal protections to service members during active duty, including in civil court proceedings like divorce.

Security Clearance: A status granted to individuals allowing them access to classified information, which can be affected by financial or personal issues arising from divorce.

SBP (Survivor Benefit Plan): An insurance plan that provides ongoing payments to the beneficiary after a service member’s death.

TSP (Thrift Savings Plan): A retirement savings plan for federal employees and service members, similar to a 401(k).

Uncontested Divorce: A divorce where both parties agree on all terms, typically resulting in a quicker and less expensive process.

USFSPA (Uniformed Services Former Spouses’ Protection Act): A federal law that benefits former spouses of military members and allows state courts to treat military retired pay as marital property.

20/20/20 Rule: This is a provision that allows a former spouse to retain full military benefits if the marriage lasted at least 20 years, the service member performed at least 20 years of creditable service, and there was at least a 20-year overlap of the marriage and military service.

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Additional Resources for You

For those seeking guidance and assistance during challenging times, it is important to remember that Molly Rosenblum Allen, Esq., our lead attorney, has developed a comprehensive set of resources. These resources are designed to help you navigate various aspects of divorce law and proceedings. Here is an overview of the valuable information and guidance available:

  1. Las Vegas Divorce Attorney: A detailed guide covering the nuances of divorce proceedings in Las Vegas. This resource is essential for understanding local legal intricacies. Learn More

  2. Nevada Divorce: A comprehensive resource for understanding divorce laws and processes specific to the state of Nevada. Explore Here

  3. Surviving Divorce: This resource offers practical advice and strategies to emotionally and financially navigate the divorce process. Find Support

  4. What Happens If You Don’t Sign Divorce Papers: An informative guide that explains the implications and legal consequences of not signing divorce papers. Understand Your Rights

  5. Do I Need an Attorney to Get a Divorce: This resource helps you decide whether legal representation is necessary for your divorce proceedings. Make an Informed Decision

  6. What is a Collaborative Divorce: An overview of the collaborative divorce process, offering a potentially amicable and cooperative approach to divorce. Discover More

  7. How to Win a Divorce: Strategies and tips for navigating the divorce process successfully. Get Insight

  8. Switching Lawyers During Divorce: Guidance on how and when it might be necessary to change legal representation during a divorce. Learn the Process

  9. How Long Does a Divorce Take in Nevada: An informative piece providing timelines and factors affecting the duration of divorce proceedings in Nevada. Understand the Timeline

  10. High Conflict Divorce: Advice and strategies for managing and navigating through high-conflict divorce situations. Navigate Conflict

  11. Questions to Ask a Divorce Lawyer: A comprehensive list of questions to consider when consulting with a divorce attorney. Prepare for Consultation

Each of these resources is tailored to provide support and clarity during the often complex and emotional process of divorce.

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Offsite Resources You May Find Helpful

He are offsite resources that offer valuable information related to divorce and legal separation. These websites can provide further insight and assistance on various related topics:

These websites are starting points for readers to seek additional information and should be used in conjunction with professional advice tailored to individual circumstances.

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A Special Message From Our Lead Attorney

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Molly Rosenblum, Esq

Dear Reader,

Thank you for taking the time to engage with our divorce resources.

I hope you have found them informative and empowering as you navigate this complex journey.

My team and I understand that each situation is unique, and we are here to provide the personalized support and legal guidance you need.

To discuss your case’s specifics and understand how we can assist you further, I invite you to call us at (702) 433-2889.

Together, we can work to address your concerns and take proactive steps toward a resolution that serves your best interests.

Warm regards,
Molly Rosenblum, Esq.

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