Informational Brochure
What are the grounds for divorce in Nevada?
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DIVORCE
Irreconcilable differences Insanity for two years prior to the action 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.
What is the residency requirement necessary before filing a divorce suit?
Six weeks residence in the state. You must provide a witness who lives in Nevada who can testify from his or her personal knowledge that you have lived in Nevada for at least six weeks.
What kinds of things will the court decide?
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Marital status, unless the case is withdrawn. Division of any property held in common (community property or jointtenancy property) and what property is separate property of the husband or the wife. Whether either spouse will receive an award of support (alimony) from the other spouse. Whether one or both parents has legal custody of any children, the amount of physical custody time each parent gets with the children, and if child support should be paid by one parent to the other, and, if so, how much it will be.
Resolution of all issues between the parties if the court 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 marital status and such property and (sometimes) such children, as are in this state.
How does the court divide the property?
The court 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.
Can a husband and wife agree on how to divide their property?
Yes, 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 debts.
If the couple signed a prenuptial agreement before the marriage, can it be enforced?
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. .
What is the basis for an award of 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, and an award of alimony may be temporary or permanent.
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DIVORCE
Income Range (up to) $0 to $4235 $4235 to $6351 $6351 to $8467 $8467 to $10585
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What provision does Nevada make for child support payments?
Ordinarily, the spouse who has primary physical custody of a child will be awarded child support. In Nevada, the maximum child support amount is determined by the non-custodial parent’s gross monthly income (income before taxes and any other deductions are taken out):
Presumptive Maximum per child $566 $623 $680 $736 Income Range (up to) $10585 to $12701 $12701 to $14816 $14816 up Presumptive Maximum per child $793 $849 $907
In Nevada, with rare exceptions, the minimum per child is $100 per month. The court may “deviate” up or down from the resulting amount to compensate for such things as day care costs, the cost of 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.
Can child support payment be modified?
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.
Suppose I was divorced in another state and child support payments are owed to me. How do I make my former spouse pay the child support?
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. Presently, Nevada does not charge a fee for a person to open a child support case. The tools available from your local child support enforcement office to collect your child support include 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 for information and application materials. Applications to have the D.A.’s Office establish and/or enforce child support for you are available on-line. Go to www.co.clark.nv.us Click on “County Service;” Move cursor to the right and up to “Administrative Services through District Court (A-D);” Move cursor to the right and then down to “District Attorney’s Office” and click on that box. That will bring you to the web page for the District Attorney’s Office. Scroll down until you see the Family Support Division. Click on “Filing for Child Support;” then, click on “Application for Child Support” just under the picture. Then, follow the prompts. Explore the website for possible answers to your questions.
How do I find an attorney with experience in divorce matters?
You can contact the State Bar of Nevada’s Lawyer Referral & Information Service at 702-382-0504 (toll-free in Nevada at 1-800-789-5747)or look in the yellow pages of your telephone directory. You can also ask friends and/or relatives if they can recommend a good lawyer. The State Bar’s main office (see numbers listed below) can tell you whether or not an attorney is licensed in Nevada and in good standing.
Written and/or Edited by:
Randy Drake, Woodburn and Wedge - Reno
State Bar of Nevada Las Vegas Office
600 E. Charleston Blvd., Las Vegas, NV 89104 Ph: 702-382-2200 or toll-free 1-800-254-2797 Fax: 702-385-2878 or toll-free 1-888-660-6767
02/2007
Reno Office
9456 Double R Blvd., Suite B, Reno, NV 89521 Ph: 775-329-4100 Fax: 775-329-0522
This brochure is a publication of the State Bar of Nevada CLE Publications Committee
Contact: Kristen Bennett kristenb@nvbar.org
http://www.nvbar.org
This brochure is written and distributed for informational and public service purposes only and is not to be construed as legal advice.