Nevada Divorce Questions & Answers
Divorce, is sometimes a necessary and only solution to marital discord and it is sad but true. The following are commonly asked questions regarding divorce in Nevada and answers.
A.: In Nevada it is usually irreconcilable differences, but insanity for two years prior to the action, and spouses living separate and apart for more than one year are also used. Currently in Nevada adultery, mental cruelty and other grounds for divorce under a fault-based system are not needed for purposes of dissolving a marriage in Nevada.
A.: Six weeks residency in the state and a Resident Witness that you have known for at least four (4) months that can attest to your presence in the state for all of the six-week period. The petitioner’s affidavit states that you intend to make Nevada your home for the foreseeable future.
A.: When filing a Joint Petition by Summary you usually do not have a Court Hearing per se so you can state conditions as you wish to provide they adhere to state law. They will always make a decision on marital status unless the case is withdrawn. If there is property held by the husband and the wife, the court will decide on the division of any property held in common (community property or joint tenancy property) and will determine what property is the separate property of the husband or the wife.
The Court will determine whether either spouse will receive an award of support (alimony) from the other spouse. If there are children of the marriage, the court will determine which spouse will have visitation rights and which spouse will make child support payments.
It is possible to simply dissolve the marriage, but some courts will make a determination of property rights, eventually. For example, some persons from out of state will establish residency in Nevada in order to dissolve a marriage but property held outside the state of Nevada would be subject to jurisdiction in Nevada’s courts.
A.: The division may be 50-50. But the court has the discretion to make an equitable apportionment of the community property and/or joint tenancy property.
A.: Sometimes community property debts equal more than community property assets, or one spouse gets an entire asset, such as a house or car that cannot be easily split. In such cases, one spouse’s separate property may be applied to pay community property debts, or to even out an otherwise uneven split of community property.
A.: Yes, provided that the agreement is written and is approved by a court in the divorce proceeding. Provision must be made for child support if there are any minor children and payment of debts.
A.: A prenuptial agreement for support and division of property may or may not be upheld, depending upon the circumstances. Bother prospective spouses should seek legal counsel before signing such an agreement.
A.: Ordinarily, the spouse who has primary custody of the child/ren will receive child support payments from the non-custodial spouse. There are guidelines under state law for the amounts of child support to be paid, with $100 per child being the minimum and $500 per child being the maximum, unless the court has good reason to deviate from the formula.
- For one child, 18% of the gross monthly income of the paying spouse.
- For two children, 25% of the gross monthly income of the paying spouse.
- For three children, 29% of the gross monthly income of the paying spouse;
- For four children, 31% of the gross monthly income of the paying spouse; and
- For each additional child, an additional 2% of the gross monthly income of the paying spouse.
A.: First and foremost, the best interests of the child, taking in to account the ability of each spouse to raise the child/ren, what would be the most stable environment for the child/ren, available financial resources for the child’s support and other factors. The respective spouses may be required to submit to an evaluation by officers of the court to determine their factors.
A.: Yes, unless there exists a Court Order that the non-custodial parent cannot have contact with the child/ren, or the non-custodial parent’s rights have been terminated. Not only must visitation rights be given, they must be spelled out very specifically as what days, pick up and drop off times, pick up and drop off places, arrangements for holidays, birthdays, and vacations.
A.: Yes, there are specific forms to file to motion the court to forgive the filing fee. The motion is an EXPARTE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. A signed and notarized financial affidavit is required showing income and debts. The final decision is in the hands of the court so do not leave anything out.
A.: Although, it is always wise to seek professional counsel one may file what is known as Pro Se or Proper Person and represent yourself in court. There are legal kits available for some divorce proceedings.
A.: With a Joint Petition by Summary procedure you are not required to appear. You may either petition the court for judgment and unless there are extenuating circumstances you will most likely not have to appear.
A.: Legal Names (all parties concerned) , the Social Security Numbers (all parties), Dates of Birth (all parties concerned), Addresses; Phone; Driver Licenses Numbers, Resident Witness Information such as name, address, date moved to Nevada and date met Petitioner, Financial Information for support, Company names, Amounts and who will pay.; Property-personal and real and who is getting what, Vehicle Make, Model, VIN and who is keeping what; and Custody & Visitation Schedule.(if applicable).
- Joint Petition
- Affidavit of Resident Witness
- Joint Preliminary Injunction
- Family Court Cover Sheet
- Complaint for Divorce with Children or Complaint for Divorce No Children
- Acceptance of Service of Summons and Complaint (Domestic)
- Affidavit of Service
- Answer and Counterclaims
- Decree of Divorce
- Notice of Entry
- Request for Summary Disposition of Decree of Divorce
- Affidavit in Support of Summary Disposition for Decree of Divorce
- Application to Waive Fees and Costs (Filing Fees/Service Only)
- Order Regarding Waiver for Fees and Costs (Filing Fees/Service Only)
A Joint Petition with Children or a Joint Petition without Children, depending upon the situation, may be filed when both spouses agree to a summary divorce. The Joint Petition details the history of the marriage, division of assets and liabilities, spousal support (if any) and the terms and conditions of custody, visitation and child support, if applicable. The Joint Petition must be verified by each spouse and notarized, and it must be submitted with a notarized Affidavit of Resident Witness, which authenticates the residency of the party.
The Affidavit of Resident Witness, signed by a resident of Nevada and notarized, attests to the fact that at least one party in a divorce is a bona fide resident of the state.
The Plaintiff may file for a Joint Preliminary Injunction, which prohibits both the parties from dissipating marital assets, harassing each other, and in the case of marriages with children, from improperly removing these minors from Nevada.
The Family Court Cover Sheet identifies the parties and the type of action.
The Complaint for Divorce with or without children, which must be verified and notarized, establishes the residency of the Plaintiff, the history of the marriage, the grounds for the action and the requested relief, including the terms and conditions of asset and liability division and distribution and alimony, and, if there are children, the terms and conditions of custody and visitation and child support.
The Summons informs the Defendant that he or she has been sued and gives him or her 20 days to file an Answer or face a Default Judgment against him or her.
Either the Defendant or his or her attorney signs the Acceptance of Service of Summons and Complaint, which must be notarized. Signing the Acceptance of Service of Summons and Complaint means the Defendant has been properly served the divorce papers.
The Affidavit of Service, signed by the person delivering the summons and Complaint, proves that the Defendent was properly served the divorce papers. The Affidavit of Service enters the record of the case.
The Defendant, who wishes to respond to the Complaint for Divorce, files one of three forms, depending upon his or her situation and divorce strategy. They are as follows:
> An Answer to Complaint for Divorce (No Counterclaim), in which he or she admits and/or denies allegations in the Complaint, or states that he or she is without “sufficient information to form a belief about the truth or falsity” of the allegations, but asks that the marriage be ended.
> An Answer to the Complaint for Divorce and Counterclaim (With Children), or, if there are no children, an Answer to Complaint for Divorce and Counterclaim (With No Children). In both of these, the Defendant admits and/or denies allegations in the Complaint and makes Counterclaims about the action and asks that the marriage be ended. The Counterclaim is a counter divorce action filed by the Defendant in which he or she proposes terms and conditions to the division and distribution of marital property and debt and, if there children, custody and visitation. In all cases, the Answer to the Complaint must be verified and notarized.
The Decree of Divorce (No Children) or Decree of Divorce (With Children), as the case may be, spells out the terms and conditions of the divorce, including the manner of disposition (hearing or summary), service, manner of disposition, the satisfaction of the residency requirements, history of the marriage, spousal support, if applicable, and the division and distribution of assets and liabilities, and, if applicable, children’s information (custody and visitation, support and insurance).
After the Divorce Decree has been handed down, the Notice of Entry, filed by the Plaintiff, puts the Defendant on notice that the Decree has been handed down.
The Request for Summary Disposition of Decree of Divorce may be filed by either the Plaintiff or by the Defendant if the Defendant has filed no Counterclaim.
When the action moves along this course, the case does not require a hearing.
The Affidavit in Support of Summary Disposition for Decree of Divorce supports, and is filed in conjunction with, the Request for Summary Disposition for Decree. It establishes that the Defendant has been properly served; that the marriage is broken down; that property and debt has been been distributed fairly; that “provisions regarding custody, visitation, child support and medical insurance outlined in the Decree are fair, are in the child(ren)’s best interest, and meets the child(ren)’s financial needs.”
An indigent party may apply for a waiver for the fees and costs associated with filing a divorce. The application requires a disclosure of income and living expenses.
The Order Regarding Waiver for Fees and Costs waives the filing and service fees when the court approves the Application to Waive Fees and Costs (Filing Fees/Service Only).