Nevada Divorce Grounds.
Because Help Yourself Divorce is a “no-fault” divorce service, your divorce papers will be prepared based on the no-fault ground of incompatibility. This means you and your spouse agree to file a no-fault divorce.
Nevada Residency Requirements.
At least one spouse must be a resident of Nevada for at least 6 weeks before filing the divorce papers. You’ll need to file an affidavit from a Nevada resident who confirms, from their personal knowledge, that you have lived in Nevada for at least 6 weeks.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Nevada for at least six months and currently live in Nevada, or have lived in Nevada within six months of filing. If this doesn’t apply, contact an attorney to see if the court will have jurisdiction.
Filing for Divorce in Nevada.
The divorce may be filed in the county where the cause for divorce occurred; where either spouse resides; or where the parties last cohabited.
Nevada Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local corte clerk to find out how much the current filing fee is.
Serving Your Spouse.
Uncontested divorces in Nevada are filed using a joint petition, which both spouses must sign. This means you do not have to serve your spouse with the divorce papers, which makes the process run smoother and faster.
Waiting Period.
After you file your divorce paperwork, there is no waiting period in Nevada before your divorce may be granted. How long it takes for the Court to finalize your divorce simply depends on the schedule of theCourt
Finalizing Your Divorce.
In the State of Nevada, a final hearing is not required. A judge will review your paperwork and sign your decree, finalizing your divorce. Then your decree will either be mailed to you or be prepared for you to pick up from the courthouse.
Additional Information.
If you have children together, you will also need to attend a parenting seminar.
Award of Pensión alimenticia.
Unless the action is contrary to an enforceable premarital agreement between the parties, the court may award alimony to the wife or the husband, in a lump sum or in payments.
Death or Remarriage.
Pensión alimenticia automatically ceases upon death of either party, or remarriage of the spouse receiving alimony, unless otherwise ordered by the court.
Rehabilitative Alimony for Education or Training.
The court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
If the court determines that alimony should be awarded in this situation:
The court shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
Testing of the recipient’s skills relating to a job, career or profession;
Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
Subsidization of an employer’s costs incurred in training the recipient;
Assisting the recipient to search for a job; or
Payment of the costs of tuition, books and fees for:
The equivalent of a high school diploma;
College courses which are directly applicable to the recipient’s goals for his career; or
Courses of training in skills desirable for employment.
This information has been summarized from the Nevada statutes. You can find the full-text version of these and other Nevada divorce statutes online here: Nevada Divorce Laws.
LEARN MORE ABOUT GENERAL ALIMONY LAWS.
GO TO ANOTHER DIVORCE ARTICLE.
How the Court Determines Child Custodia.
In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to thecourtthat jointcustodywould be in the best interest of the child, thecourtmay grantcustodyto the parties jointly.
In determining the best interest of the child, the court shall consider, among other things:
The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody;
Any nomination by a parent or a guardian for the child; and
Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.
-From the Nevada Revised Statutes 125.480
Joint Custody.
There is a presumption that joint custody would be in the best interest of a minor child if the parents agree to an award of joint custody.
The court may award joint legal custody, without awarding joint physical custody, if the parents have agreed to joint legal custody.
-From the Nevada Revised Statutes 125.490
Removing the Child from the State.
If custody has been established, and the custodial parent intends to move outside of the state with the child, that parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this state. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this state with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change ofcustodyis requested by the noncustodial parent.
-From the Nevada Revised Statutes 125C.200
This information has been summarized from the Nevada statutes. You can find the full-text version of these and other Nevada divorce statutes online here: Nevada Divorce Laws.
LEARN MORE ABOUT GENERAL CHILD CUSTODY LAWS.
GO TO ANOTHER DIVORCE ARTICLE.
How Child Support is Calculated Under Nevada Laws.
Child support in the state of Nevada is calculated by taking a percentage of the non-custodial parent’s gross income.
“Gross monthly income” is defined as “the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of aself-employedperson, after deduction of all legitimate business expenses, but withoutdeductionfor personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.”
Gross income should be multiplied by the following percentages to determine the correct child support amount:
For one child, 18 percent;
For two children, 25 percent;
For three children, 29 percent;
For four children, 31 percent; and
For each additional child, an additional 2 percent,
The minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
However, there is also a presumptive maximum amount of child support the court can order. The presumptive maximum amount is adjusted annually, and you can view the current presumptive amounts here.
-From the Nevada Revised Statutes 125B.070
Deviating from the Child Support Guidelines.
It is presumed that the basic needs of a child are met by the formulas, unless sufficient evidence can be shown to prove otherwise. If one or both parties believesufficientevidence exists to deviate from the child support formula, they must stipulate those facts in writing. Factors for deviation from the child support formula include:
The cost of health insurance;
The cost of child care;
Any special educational needs of the child;
The age of the child;
The legal responsibility of the parents for the support of others;
The value of services contributed by either parent;
Any public assistance paid to support the child;
Any expenses reasonably related to the mother’s pregnancy and confinement;
The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
The amount of time the child spends with each parent;
Any other necessary expenses for the benefit of the child; and
The relative income of both parents.
-From the Nevada Revised Statutes 125B.080
Additional Información
Dispute over income.
If the parties disagree as to the amount of the gross monthly income of the other party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years.
Health care.
Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
Willful unemployment or underemployment.
If a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.
-From the Nevada Revised Statutes 125B.080
Links.
Nevada Child Support Enforcement
This information has been summarized from the Nevada statutes. You can find the full-text version of these and other Nevada divorce statutes online here: Nevada Divorce Laws.
LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.
GO TO ANOTHER DIVORCE ARTICLE.