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     Nevada requirements
Divorce
1. To file for divorce in Nevada, requires residency of six (6) weeks for adults prior to the filing of the divorce action. If children are involved, six (6) months residency is required for Nevada to have jurisdiction to make custody and visitation decisions.

2. Causes for divorce are as follows: Incompatibility Insanity for two years prior to the action, Spouses living separate and apart for more than one (1) year.

3. Divorces can be obtained by way of a Complaint for Divorce or Joint Petition. A Complaint for Divorce is used when the parties do not agree on any issue. A Joint Petition is used when the parties agree on all issues. Signatures of both parties are required when filing a Joint Petition. Only one (1) signature is required when filing a Complaint for Divorce.

4. If you plan to file a Complaint for Divorce, you will be named the Plaintiff, and the other party will be named the Defendant. Nevada law requires that the Complaint for Divorce, a Summons and Joint Preliminary Injunction be personally served on the Defendant. Abella will make the necessary arrangements for service upon the Defendant.

After the Defendant is served, the Defendant has twenty (20) days to Answer the Complaint for Divorce as stated within the Summons. If the Defendant does not answer within twenty (20) days, then the Defendant is in default, and you, the Plaintiff, can file a Default against the Defendant.

(section 4 continued)
After the Default is filed, you can submit your Decree of Divorce seeking the relief requested in your Complaint for Divorce to the Judge for signature.

If the Defendant does respond to the Complaint for Divorce in the required time frame, but challenges what is in the Complaint for Divorce, then the parties will move to the next phase of the divorce action, which is a Case Management Conference scheduled by the Court. If this happens, you will have to hire an Attorney.

5. If you cannot find the Defendant to serve the Complaint for Divorce, then you will be required to serve the Defendant via publication. This procedure requires permission of the Court before you can serve the Defendant by publication.

6. If children are part of the divorce action, each of the parties will be required to attend a COPE class, which is a mandatory divorce seminar. This seminar teaches the parties how to help their children deal with their parents’ divorce or separation. This is a very important seminar that should not be avoided. It is beneficial in that it not only helps the children, but the parties too. You will be surprised what you will learn. The current cost for this class is $40 per person. If one (1) of the parties has moved out of state during the divorce action, that party may request a waiver of attendance.
Separate Maintenance
To file for separate maintenance, the residency requirements are the same as a divorce action. A separate maintenance action settles all marital issues without terminating the marriage itself. It is similar to a divorce in that a Complaint has to be filed and served, and the responding party has to file an Answer to the Complaint within the same allotted time as a divorce.

However, if the parties are in agreement on all the issues, a separate maintenance matter can be filed without service on the other party. Signatures of both parties are required for this process.

Separate Maintenance Drafting Service is $399 (2 signatures), or $499 (1 signature).

NRS 125.190 Action by spouse for permanent support and maintenance.

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 or her spouse for permanent support and maintenance of himself or herself and their children.

Answer or Answer and Counterclaim
Answer or Answer and Counterclaim Drafting Service Fee is $195.00

Court Filing Fees are $259.00


An Answer is the Defendant's written response to the Plaintiff's Complaint in the Divorce, Annulment or Separate Maintenance case. In conjunction with the Defendant's Answer, the Defendant may file a Counterclaim against the Plaintiff if it is a contested matter.

A Defendant is required to file the Answer or Answer and Counterclaim within twenty (20) days of receiving the Complaint for Divorce, Annulment or Separate Maintenance.


Answer to Counterclaim

If the Defendant files a Counterclaim, the Plaintiff has twenty (20) days in which to file a Reply to the Counterclaim.


Annulment
An annulment voids a marriage. This means that according to the state of Nevada the parties were never legally married.

To file for an annulment at least one spouse must have lived in Nevada for at least six weeks prior to filing, or the spouses must have been married in the state of Nevada.

Grounds for annulment:
Lack of consent of a parent or guardian
Lack of understanding/insanity
Fraud
Void marriages
Spouses that are closely related by blood
Either the Plaintiff or Defendant was married to someone else on the day the Plaintiff and Defendant were married

A Complaint for Annulment is filed by one spouse. After the Complaint for Annulment is filed, the process for getting an annulment is the same as in a Complaint for Separate Maintenance and a Complaint for Divorce.

NRS 125.360 Annulment of marriage contracted within State: No requirement of residence.

Annulment of marriages contracted, performed or entered into within the State of Nevada may be obtained by complaint, under oath, to any district court of the State of Nevada for any cause provided by law for annulment of marriage.

NRS 125.320 Cause for annulment: Lack of consent of parent or guardian.

1. When the consent of the father, mother, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction. 2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of the father, mother, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.

NRS 125.330 Cause for annulment: Want of understanding.

1. When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority. 2. The marriage of any insane person shall not be adjudged void, after his or her restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.

NRS 125.340 Cause for annulment: Fraud.

1. If the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority. 2. No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as husband and wife having received knowledge of such fraud.

NRS 125.350 Cause for annulment: Grounds for declaring contract void in equity.

A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity.

No divorce, separation or annulment is final until the Judge has signed the Decree and it has been filed with the Court.




Child Support
NRS 125B.085.

Order for support to include provision regarding health care coverage for child Except as otherwise provided in NRS 125B.012, every court order for the support of a child issued or modified in this state on or after October 1, 1997, must include a provision specifying whether the parent required to pay support is required to provide coverage for the health care of the child and, if so, any details relating to that requirement.


NRS 125B.070 Amount of payment:

Definitions; adjustment of presumptive maximum amount based on change in Consumer Price Index.

1. As used in this section and NRS 125B.080, unless the context otherwise requires:


(a)
"Gross monthly income" means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
(b)
"Obligation for support" means the sum certain dollar amount determined according to the following schedule:

(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraph (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.


2. For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month, per child for an obligation for support, as adjusted pursuant to subsection 3 is:

INCOME RANGE
If the Parent’s Gross
Monthly Income is at Least


But Less Then
PRESUMPTIVE MAXIMUM AMOUNT
The Presumptive Maximum Amount the Parent May be Required to Pay per Month per Child Pursuant to Paragraph (b) of Subsection 1 is:
$0  -
$4,235
=   $649
$4,235  -
$6,351
=   $714
$6,351  -
$8,467
=   $781
$8,467  -
$10,585
=   $844
$10,585  -
$12,701
=   $909
$12,701  -
$14,816
=   $973
$14,816  -
No Limit
=   $1,040
     

NRS 125B.080 Amount of payment: Determination. Except as otherwise provided in NRS 425.450:

1. A court of this State shall apply the appropriate formula set forth in NRS 125B.070 to: (a) Determine the required support in any case involving the support of children. (b) Any request filed after July 1, 1987, to change the amount of the required support of children.

2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.

3. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in NRS 125B.070, any subsequent modification or adjustment of that support, except for any modification or adjustment made pursuant to subsection 3 of NRS 125B.070 or NRS 425.450 or as a result of a review conducted pursuant to subsection 1 of NRS 125B.145, must be based upon changed circumstances.

4. Notwithstanding the formulas set forth in NRS 125B.070, 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 obliger is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

5. It is presumed that the basic needs of a child are met by the formulas set forth in NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.

6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall:

(a)
Set forth findings of fact as to the basis for the deviation from the formula; and
(b)
Provide in the findings of fact the amount of support that would have been established under the applicable formula.

7. Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.

8. If a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.

9. The court shall consider the following factors when adjusting the amount of support of a child upon
specific findings of fact:

(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.