Divorce Laws in Nevada- Dissolution of marriage

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

Those percentages are:
For one child, 18 percent;
For two children, 25 percent;
For three children, 29 percent;
For four children, 31 percent;
For each additional child, an additional 2 percent

Nevada child support is figured using gross income rather than net, effectively taking more from the non-custodial (paying) parent. The court will consider the following factors when determining child support:

	The cost of health insurance (every support order must include provisions for health insurance of the child),
	the cost of child care,
	special educational needs of the child,
	the age of the child,
	the 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 reasonable expense relating to the mother's pregnancy,
	The cost of transportation relating to visitation,
	The amount of time the child spends with each parent and
	Necessary expenses for the child's benefit; The relative income of each parent.

Download Nevada Divorce Forms

Divorce laws in Nevada 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 deems appropriate. Nevada child support terminates at age 18, or age 19 if the child is still in High School.

Make every attempt at agreeing with your spouse so it doesn't rest with a judge.

NV Child Custody

Married parents are presumed to have joint custody until otherwise ordered by the court. If the 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 NV child custody of a minor in an action, the primary consideration of the court is the best interest of the child. A parent's gender will not give one an advantage over the other.

State divorce laws guide the court to award child custody in the following order of preference:

	To both parents jointly or to either parent,
	To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment,
	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,
	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.  

Child Visitation
Co Parenting

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

We recommend you consider the following issues in any visitation agreement. If you are anything like we were when we went through the process, you're probably lost as to what needs to be included, and more importantly, what should not be over-looked in a Parenting Plan. When putting it together, 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. Become aware of what Nevada divorce laws are. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.  

Spousal Support
Nevada Alimony
Maintenance

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:

	To provide temporary maintenance for the other party;
	To provide temporary support for children of the parties; or
	To enable the other party to carry on or defend such suit.

Divorce laws in Nevada 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 the 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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