Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse must be a Nevada resident for six weeks before filing for a divorce. The person that files for divorce must also provide a witness who lives in Nevada and can testify that he or she knows that you or your spouse have lived in Nevada for at least six weeks.
Grounds for divorce are:
- Irreconcilable differences
- Insanity for two years prior to the divorce action
- Spouses living separate and apart for more than one year
A divorce case begins when one spouse files a petition for divorce in any of the following counties:
- Where the cause for divorce occurred
- Where the nonfiling spouse resides or may be found
- Where the filing spouse resides
- Where the spouses last cohabited
In Nevada, there's no waiting period before you can get a divorce. Most paperwork is reviewed and a divorce is granted within one to two weeks, if the paperwork is complete.
Dividing the Property
Nevada is a community property state, which means that any property acquired during the marriage is treated as being owned by both you and your spouse. The courts try to divide the community property equally.
A spouse's separate property, which is property acquired before the marriage and property acquired by gift or inheritance, is awarded to that spouse. Separate property also includes income or increases in the value of your separate property and assets such as personal injury awards.
You and your spouse may have a written agreement that indicates how matters should be handled if the marriage ends. The separation agreement is a contract listing and describing your decisions about ownership of real estate, dividing property, financial support and, if children are involved, even issues of custody and parenting time.
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Nevada divorce lawyer and it can save you a lot of time and money.
Alimony
A court may order alimony, as it deems reasonable, to either spouse. In deciding whether to award alimony, a court will generally consider such factors as:
- The spouses' relative earnings and earning capacities
- The spouses' ages and health
- Marriage length
- Whether a spouse has been out of the work force for a long time
- The former career of the recipient
- Contributions as a homemaker
- The relative education of the spouses and the time needed to gain sufficient education or training to allow the recipient to work in a suitable job
- The relative assets and liabilities of the spouses
- The relative needs of the spouses
If the court grants alimony to prepare to return to work, the award can cover expenses such as testing, career counseling and tuition, books and fees.
Alimony or spousal support is not based upon any asserted fault of either of the spouses. A court can order temporary maintenance while the divorce is pending.
Child Custody and Visitation
In Nevada, the court will make child custody decisions based upon the best interests of the child.
If parents do not decide on custody and visitation, a court will make the decisions for them. State law presumes that joint custody is in the best interest of the child. The court must give its reasons for not ordering joint custody. Some factors in custody decisions are:
- The child's wishes, if the child has the age and capacity to form and express a preference
- The suggestion of a parent or guardian of the child
- Which parent is more likely to support the child's relationship with the noncustodial parent
- Level of conflict between the parents and their ability to cooperate regarding their child
- The mental and physical health of the parents
- The child's needs
- The nature of the child's relationships with his parents
- History of domestic violence
Modifications to custody can be made based on what is in the best interest of the child.
A noncustodial parent is generally granted visitation rights. If you're denied court-ordered visits with your child, you can seek the court's help. The court can provide relief such as make-up visits or find the custodial parent in contempt.
Child Support
In Nevada, generally the spouse who has primary custody of a child is awarded child support. Ordinarily, the minimum per child is $100 per month and the maximum per child is $800 per month. The exact amount is calculated as a percentage of the non-custodial spouse's gross monthly income.
A deviation from this amount may occur if any of the following need to be compensated for:
- Day care costs
- Cost of providing medical insurance
- Visitation expenses
- Non-custodial spouse's responsibility to support other children
A Nevada child support order may be reviewed and adjusted, if warranted.
Questions for Your Attorney