Click here to access nevada statutes ON DIVORCE in their entirety
Click here to read Nevada divorce statutes that pertain to CHILD CUSTODY
Click here to read Nevada divorce statutes that pertain to CHILD SUPPORT
Click Here to get started with your Joint Petition divorce with children (two signatures)
Click Here to get started with a Complaint for Divorce with children (one signature)
Basic Requirements:
Nevada Residency for children in a Nevada divorce:
Nevada District Court only takes jurisdiction over children that have lived in Nevada with you for a minimum of six (6) months. At that point, Nevada is considered the "home state" of the children and the Court will pass rulings on physical custody, visitation, and child support.
EXCEPTION: If you can show an "emergency" under the Uniform Child Custody Jurisdiction Act, a Nevada judge can make rulings over children who have not resided in Nevada for six months. Such cases can become complicated. In order to protect your children's rights and your own rights, we highly recommend that you contact us so that Attorney James E. Smith can advise you on your best course of action.
If you find it difficult to make a decision regarding physical custody, visitation, and child support , consider addressing those issues with a professional, licensed, mediator before filing your Nevada divorce.
Many divorcing people with children (and, or, with property to divide),find that they benefit greatly from meeting with a mediator prior to filing their divorces.
Through the mediation process, you'll come to decisions regarding your children that work for both parents and, most importantly, for the children. Leaving it up to a judge in a divorce trial, as well-intentioned as she or he might be, never makes anyone happy because the decision is made by someone who knows little of you, your children, and your life.
Mandatory Cope Class:
Both parents must attend a COPE class. If one of the parents resides out of the State of Nevada, then an effort to find a comparable class in another state must be made. If none can be found, then a Motion for a class waiver must be filed with the Court. In all cases, the class will be waived for Defendants who resides outside the U.S.
If you both live in the same city in Nevada, you may take the class with your soon-to-be ex-spouse, or each of you can take it separately, as long as you take it. Each of you will need to file your Certificate of Completion with the Court.
If one of the parties to a Nevada divorce refuses to attend a COPE class, he or she can be held in contempt of court -- and a judge can
withhold visitation until the class is completed.
Child Support Guidelines:
This simple chart should help you easily figure out the amount of child support you would be expected to pay should a judge make the decision for you. You can, of course, pay a higher amount if you wish.
In any deviation from the table below (higher or lower amount), the Court takes into consideration the following factors (NRS 125B.080)
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The legal responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mother’s pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and,
(l) The relative income of both parents
|
