Termination of marriage in Nevada is legally referred to as Divorce from the Bonds of Matrimony.
To file for divorce in Nevada, either party must reside in the state for the six weeks immediately preceding the commencement of the action.
A Complaint for Divorce may be filed in the district court of any county in Nevada where any of the following conditions exist:
Except in summary proceeding for divorce, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently possible.
Summary Proceeding for Divorce:
A marriage may be dissolved in a streamlined process via summary proceedings when all of the following conditions are met at the time the proceeding is commenced:
A summary proceeding for divorce may be commenced by filing a Joint Petition signed under oath by both spouses in any district court. The Petition must state that, as of the date of filing, all the requirements have been met and specify the facts which support the residency requirements and the grounds for the divorce.
In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order represented in its decree, change the name of the wife to any former name which she has legally borne.
Nevada statute defines a domestic partnership as the social contract between two persons who have chosen to share one another's lives in an intimate and committed relationship of mutual caring.
Entering Into a Domestic Partnership:
To be eligible to register a domestic partnership, the two parties must furnish proof of the following to the Office of the Secretary of State:
If the parties meet these requirements, they may register their domestic partnership by filing a form prescribed by the Secretary of State. This form is a signed and notarized statement declaring the following regarding the two parties:
The Office of the Secretary of State shall issue a Certificate of Registered Domestic Partnership to persons who satisfy the applicable requirements.
A solemnization ceremony is not required for domestic partnerships.
Rights and Duties of Domestic Partners:
Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses. The same holds true for former domestic partners as compared to former spouses, and surviving domestic partners as compared to widows or widowers.
The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses. The rights and obligations of former or surviving domestic partners with respect to a child of either of them are the same as those of former or surviving spouses. Domestic partners have the same rights to nondiscriminatory treatment as that provided to spouses.
Domestic partnerships or similar legal unions established in other states and jurisdictions must be registered in Nevada as legally required to be recognized in the state as a valid domestic partnership.
Terminating a Domestic Partnership:
Domestic partners who wish to terminate a domestic partnership must follow the procedures set forth in the Nevada statutes regarding dissolution of marriage, unless they qualify for a simplified termination.
A domestic partnership may qualify for a simplified termination proceeding if the following conditions exist at the time of filing:
If a domestic partnership meets these criteria, domestic partners may terminate their registered domestic partnerships in the following manner:
In Nevada, a divorce from the bonds of matrimony may be obtained for any of the following grounds:
When insanity is claimed as a ground for divorce, the court shall require corroborative evidence of the insanity of the Defendant before granting the divorce. A decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the Defendant.
In any action for divorce when it appears to the court that grounds for divorce exist, the court in it discretion may grant a divorce to either party.
All marriages which are prohibited by law because of consanguinity (kinship) between the parties or bigamy are void without any decree of divorce or annulment or other legal proceedings.
A marriage may be annulled for any of the following causes:
An annulment that is sought for lack of consent of a parent or guardian may not be obtained if the minor freely cohabited with the other party to the marriage as husband and wife after reaching the age of 18 years, nor if more than one year has passed since the minor reached the age of 18 years.
The marriage of any insane person shall not be declared void after his/her mind is restored to reason if it appears that the parties freely cohabited together as husband and wife after the insane spouse was restored to a sound mind.
If a marriage was contracted, performed or entered into outside Nevada, one of the spouses must reside in the state for six weeks before filing Complaint for Annulment. However, there is no residency requirement to commence an annulment action if the marriage was contracted, performed or entered into within Nevada.
A cause of action for annulment may be pleaded in the same Complaint with a cause of action for divorce.
In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.
If the offer made is accepted by the opposing party and approved by the court, the court shall enter judgment in accordance with the terms and conditions of the offer, with entry of the decree of divorce.
Nevada is a community property state. In granting a divorce, the court shall make an equal disposition of the community property of the parties and property held in joint tenancy. However, the court may make an unequal disposition of the community property in proportions that it deems just if it finds a compelling reason to do so.
If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his/her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy.
The amount of reimbursement must also not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement in whole or in part, of a party who has contributed separate property, the court shall consider the following factors:
In granting a divorce, the court may award alimony to the wife or husband, in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may set apart certain portions of the paying spouse's separate property for the requesting spouse's support as is deemed just and equitable.
In addition to any other factors the court considers relevant, when determining whether to award alimony and the amount of the award, the court shall consider the following factors:
When granting a divorce, the court shall also consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant, when determining whether this type of alimony should be awarded, the court shall consider whether the paying spouse has obtained greater job skills or education during the marriage, and whether the requesting spouse provided financial support while the other spouse obtained job skills or education.
If this type of alimony is awarded, the court shall make provisions regarding the time allotted to the requesting spouse to begin the training or education for his/her job, career or profession.
In addition to any other alimony granted by the court, the requesting spouse may also be granted money to provide for the following:
Unless otherwise ordered by the court, periodic alimony payments must cease upon the death of either party or the subsequent remarriage of the receiving spouse.
The Nevada Legislature has declared the following to be state policy:
If a court has not made a determination regarding the custody of a child and the child's parents are married to one another, each parent has joint legal custody of the child until otherwise ordered by a court.
In determining custody of a minor child, the sole consideration of the court is the best interest of the child. Preference shall not be given to either parent for the sole reason that the parent is the mother or the father of the child.
The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:
In determining the best interest of the child, the court shall consider the following criteria:
When there is a finding that either parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child, a presumption exists that sole or joint custody of the child by the abusive parent is not in the best interest of the child. The same presumption exists when a determination is made that either parent has committed any act of abduction against the child or any other child.
There is a presumption that joint custody would be in the best interest of a minor child if the parents have agreed to an award of joint custody or agree in open court
In granting a divorce, the court may set apart certain portions of the separate property of either spouse for the support of their children as is deemed just and equitable.
The parents of a child have a duty to provide the child necessary maintenance, health care, education and support. They are also liable, in the event of the child's death, for his/her funeral expense. In addition, the father is liable to pay the expenses of the mother's pregnancy and confinement.
Before a court issues or modifies an order for child support, it shall determine if any of the parties to the proceeding are receiving or have ever received public assistance. If the court determines this to be the case, it shall not waive child support arrearages until after it has provided the Division of Welfare and Supportive Services with notice and an opportunity to be heard regarding the matter.
Nevada used the Flat Percentage of Income Model to calculate child support obligations. It uses the paying parent's gross monthly income and the number of children for whom support is being ordered and is based on the following schedule:
However, the child support amount may not be more than the presumptive maximum amount per month set forth in a statutory table, which is adjusted yearly. The current amounts are as follows:
These presumptive maximum amounts are adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index published by the U.S. Dept. of Labor for the preceding calendar year.
The minimum amount of support that may be awarded by a court in any case is $100 per month, per child, unless the court makes a written finding that the paying parent is unable to pay this minimum amount.
If the parents have come to an agreement regarding a child support amount, the parties must certify that the amount agreed to is consistent with the appropriate formula as set forth in the statutes, and if not, they must stipulate sufficient facts which justify the deviation to the court.
Every court order for the support of a child issued or modified in Nevada on or after June 2, 2007, must include a provision specifying that one or both parents are required to provide medical support for the child and any details relating to that requirement.
Medical support includes coverage for health care under a plan of insurance that is reasonable in cost and accessible, including the payment of any premium, copayment or deductible and the payment of medical expenses.
Expenses for health care which are not reimbursed, including those for medical, surgical, dental, orthodontic and optical, must be borne equally by both parents in the absence of extraordinary circumstances.
The court shall consider the following factors when adjusting a child support amount:
If a child becomes handicapped before he reaches the age of majority, his/her parent shall support the child beyond the age of majority until he/she is no longer handicapped or becomes self-supporting.
Legal separation is also referred to as separate maintenance in Nevada. In all cases for legal separation and separate maintenance, the proceedings and practice must be the same, as nearly as may be, as those provided in actions for divorce. Suit may be brought in the county in which either party resides at the time the suit is commenced, or in the county in which the spouse may be found.
When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his/her spouse for permanent support and maintenance of him/herself and their children.
The court shall have the powers to do any of the following:
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