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PARENTAL ALIENATION :: Divorce Resources By State


Legal overview
Divorce in Nevada requires that you have been resident for at least six weeks. There are three specific "grounds" required to get a divorce in Nevada, irreconcilable differences, insanity for two years prior to the action, and spouses living separate and apart for more than one year. Read our detailed legal summary of Nevada including grounds, residency, custody, child support, maintenance, prenuptial agreements, property, and the role the Nevada courts play in a divorce.

Residency Requirements
An individual who files for divorce in Nevada must have resided in the state at least six weeks prior to filing. The individual filing must also provide a witness who lives in Nevada who can testify from his or her own personal knowledge that the person filing has lived in Nevada for at least six weeks.

Grounds for Divorce
There are three main grounds on which a divorce may be granted in Nevada, irreconcilable differences, insanity for two years prior to the action, and spouses living separate and apart for more than one year. It is not necessary to make or prove allegations of adultery, mental cruelty, etc. to obtain a divorce in Nevada.

Role of the Court
In a divorce case, a Nevada court will make a decision regarding marital status, unless the case is withdrawn.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 whether one or both parents has legal custody and the amount of physical custody time each parent will have with the children. The court will decide whether one parent should pay child support to the other, and, if so, how much it will be. The court may resolve all issues between the parties if it acquires jurisdiction over both the husband and the wife. If the spouse you are divorcing does not make a legal "appearance" in the action, and if that spouse does not have significant contacts with Nevada, the court will only be able to address martial status and the property and (sometimes) the children, that are in this state.

Division of Property
The courts will, to the extent practicable, divide the "community property" equally. In rare and exceptional instances, the court may find compelling reasons to divide the property unequally. If it makes an unequal division, the court must support its decision with written reasons. Under some circumstances, the court may trace back to one party separate property invested in community property, or vice versa.

The husband and wife may agree on how to divide their property if 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 children and for payment of any debts.

Prenuptial Agreement
A prenuptial agreement for support and division of property may or may not be upheld, depending upon the circumstances. Both prospective spouses should seek legal counsel before signing such an agreement.

Child Custody
First and foremost, the best interests of the child, taking into account the ability of each spouse to raise the child, what would be the most stable environment for the child and other factors. The respective spouses may be required to submit to an evaluation by officers of the court to determine these factors.

Child Support
Ordinarily, the spouse who has primary physical custody of a child will be awarded child support. In Nevada, with rare exceptions, the minimum per child is $100 per month and the maximum per child is $500 per month. The precise child support amount is determined as a percentage for the non-custodial spouse's gross monthly income (income before taxes and any other deductions are taken out):

· 1 child: 18%
· 2 children: 25%
· 3 children: 29%
· add 2% for each additional child.

The court may "deviate" up or down from the resulting amount to compensate for such things as day care costs, the cost of providing medical insurance, visitation expenses, the non-custodial spouse's responsibility for support of other children, and other factors identified in the statute. These factors are supposed to be identified by the court in its order.

Child Support Modification
You may have your Nevada child support order reviewed and adjusted, if warranted, by state courts at least every three years. You may seek modification sooner if circumstances have changed significantly since your last order.

Divorced in Another State
You may hire a private attorney in your former spouse's locale to enforce your child support order through the courts there. Or, at little or no cost to you, you may have a government child support enforcement office help you collect the support, whether across state lines or just locally. In Nevada, it presently costs you only $2 to open a case with your local child support enforcement office. For that price, the child support enforcement office offers all of its enforcement tools, such as wage withholding, IRS tax refund intercepts, contempt of court actions and even license suspension actions when appropriate. In Nevada, check with your local District Attorney's Office, Family Support Division, for information and application materials.

Spousal Support (Alimony)
There is no precise statutory guidance for spousal support as there is for child support. The court considers the relative earning capacity of each spouse, the possibility of education or training to increase the earning capacity of a spouse, whether a spouse has been out of the work force for a long time, and other factors. Temporary spousal support may be made while a divorce case is pending.

Laws & Courts:

Nevada Law - state statutes, Title 11, Chapters 122 through 130.
Court Rules of Nevada - Includes rules for all courts, from the Nevada State Legislature.

Court Library - supreme Court rules and opinions, as well as links to several other Nevada court sites.

Nevada Child Support

Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding, paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide."
Guidelines - statutes from the state code dealing with child support. Scroll down to "NRS 125B.065".

Child Support Enforcement Division - still under construction last time we checked.
Additional Resources:

State Bar - legal news, public information brochures, and answers to frequently asked legal questions (from the State Bar of Nevada).

Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.

Legal Documents -Draft legal documents and have them shipped very easily at one low, fixed price.
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The Lee P.A.S. Foundation