Like a thief in the night (or a long unlucky streak in Reno), divorce can throw you into the ditch for quite some time. Don't despair though. Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Nevada divorce laws provide child support guidelines that determine the appropriate child support amount to be paid. These guidelines will be applied to any case in which the parents cannot agree on a reasonable monthly obligation. When applying the guidelines, the court will also consider several other factors that will help determine whether or not it is appropriate to deviate form the amount proposed by the use of the guidelines worksheet. Make every attempt at agreeing with your spouse so it doesn't rest with a judge. Nevada computes child support on gross income rather than net, effectively taking more from the non-custodial parent. Only 21 states use net income as a means to compute child support. The court will consider the following factors when determining child support: 1. The cost of health insurance (every support order must include provisions for health insurance of the child), 2. the cost of child care, 3. special educational needs of the child, 4. the age of the child, 5. the responsibility of the parents for the support of others, 6. the value of services contributed by either parent, 7. Any public assistance paid to support the child, 8. Any reasonable expense relating to the mother's pregnancy, 9. The cost of transportation relating to visitation, 10. The amount of time the child spends with each parent and 11. Necessary expenses for the child's benefit; The relative income of each parent.

In order for a court in Nevada to grant a divorce, separate maintenance or annulment petition,

Nevada laws require that it must first provide for the medical and other care, support, education and maintenance of those children. Official Child Support percentages are established by Nevada divorce statutes. Should the court determine that any deviation of standard child support be necessary, it will consider the following in making that decision: a.) the cost of health insurance; b.) the cost of childcare; c.) any special educational needs of the child; d.) the age of the child; e.) the responsibility of the parents for the support of others; e.) the value of services contributed by the parents; f.) any public aid paid to the child; g.) any pregnancy expenses; h.) any visitation travel expenses; i.) the amount of time the child spends with each parent; j.) the relative income of each parent; and k.) any other necessary expenses.

Nevada divorce statutes provide that in cases where a marriage annulment (or marital annulment)is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

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Child Custody

Married parents are presumed to have joint custody until otherwise ordered by court. If a court has not made a determination regarding the custody of a child and the parents of the child are married to each other, each parent has joint legal custody of the child until otherwise ordered by a court.

If at any time it appears to the court that any minor child of either party has been, or is likely to be, taken or removed from Nevada or concealed somewhere in Nevada, the court will order that the child be produced, and will assign custody to whomever it believes will provide the care and comfort " in the best interest of the child".

In determining child custody of a minor in an action, the sole consideration of the court is the best interest of the child. A parent's gender will not give one an advantage over the other.

The court will award child custody in the following order of preference: a.) To both parents jointly or to either parent, b.) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment, c.) To any person blood-related to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State, d.) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

There is a presumption by the court that joint custody would be in the best interest of a minor child if the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage.

The court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint legal custody.

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Visitation/Co-Parenting

You and your divorcing pr separating spouse will have a choice here. Either agree with your spouse on a parenting schedule or the court will impose one on you. In particular, the visitation as it relates to the children and the non-custodial parent.

We recommend you consider the following issues in any visitation agreement. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

Should an agreement with your spouse not be possible, look for these particulars in the decree: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

In any action for divorce the court may, if requested by either party, require either party to pay alimony necessary to assist the other party in accomplishing one or more of the following: a.) To provide temporary maintenance for the other party; b.) To provide temporary support for children of the parties; or c.) To enable the other party to carry on or defend such suit.

Nevada divorce statutes allow that a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony would be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony.

The court may make any order affecting property of he parties, or either of them, which it may consider necessary or desirable to accomplish the purposes of this section. Any such orders will be made by the court only after taking into

consideration the financial situation of each of the parties. The court may award alimony (also known as spousal support) to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable.

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Grounds For Divorce

As provided for in Nevada divorce statutes, divorce will be granted in Nevada for any of the following causes (grounds) : a.) Insanity existing for 2 years prior to the filing, b.) When the husband and wife have lived separate and apart for 1 year without cohabitation, c.) Incompatibility.

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Marriage Annulment
Marital Annulment

A marriage annulment is a court’s declaration that the marriage never existed or it is void. It is a legal process to nullify a marriage. Receiving a marriage annulment (also known as a marital annulment or divorce annulment) in Nevada requires one to petition the proper court that the marriage should be void, nullified and annulled due to specific grounds. To get a marital annulment in Nevada, one has to prove any of the following annulment ground set by the Nevada annulment laws: Fraud- If you have been cheated or tricked into a marriage,

you can file for annulment according to Nevada annulment laws, Consanguinity- The term consanguinity refers to ‘related by blood’. A marriage between too-close blood relations like, father & daughter, mother & son, sister & brother, uncle & niece or aunt & nephew etc. is forbidden, and one can petition for annulment, Bigamy- if your spouse was married when they married you, is bigamy and according to Nevada annulment laws, it is a valid annulment ground. Underage Marriage- one or both marrying before the age of majority is grounds for annulment, Insanity- If your spouse is insane or has a mental illness, and had such at the time of the marriage, you can petition for an annulment in Nevada.

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Marriage Counseling/
Mediation

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Legal Separation/ Marital Separation

Nevada is somewhat unique due to its short six-week requirement to establish residency. Gaining a legal separation (also known as a marital separation or divorce separation) in Nevada requires much the same process as does a divorce. Petition the court and serve your partner with notice. A resident may get a legal separation in Nevada, and

have the agreement cover all aspects of the relationship except change the marital status. Legal separation is frequently pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or does not want to wait the state statutory waiting period for termination of marital status.

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Waiting Period

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Grandparents Rights

If child’s parents are separated or divorced or if one parent is deceased or has relinquished his parental rights or had them terminated, the grandparents and great-grandparents may get visitation if in the best interest of the child. The statute lists specific factors which are to be considered in determining the best interest of the child.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

You will have an opportunity to reach a divorce settlement of all marital assets and debt with your spouse. If you fail to arrive at a settlement, the court will divide your assets. Nevada is a community property state in which the courts will divide all property of the marriage equally, unless the court finds a compelling reason to not do so. Equally does not necessarily mean “evenly” to both parties however.

In granting a divorce, the court a.) May award alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and b.) Will make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so.

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Residency Requirements

One of the parties to the divorce action must have resided in Nevada for at least six weeks prior to the filing of the action, or the cause of the divorce must have arose in the county in Nevada where the parties actually lived at the time of the

happening of the cause. In summary, the divorce action may be filed in any county where: 1. The cause for divorce arose; 2. Where the defendant resides or may be found; or, 3. Where the plaintiff resides, or; where the parties last cohabited.

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