- [Nevada Revised Statutes; Chapter 125,
Section 010].
- General: Insanity which existed for at least
2 years before filing for the divorce.
[Nevada Revised Statutes; Chapter 125, Section 010].
Legal Separation in Nevada
If a spouse has any of the grounds for divorce or if he or she has
been deserted for over 90 days, a suit for separate maintenance of
himself or herself and any children may be filed. In addition, the
spouses may agree to an immediate separation and make appropriate
provisions for spousal and child support. There is no residency
requirement specified in the statute.
[Nevada Revised Statutes; Chapter 125, Section 190].
Simplified/Special Divorce Procedures in Nevada
There are 2 provisions for summary divorce in Nevada. First, a
summary divorce may be granted if the following conditions are met:
1. Either spouse has been a resident of the state for at least 6
weeks
2. The spouses are incompatible or have lived separate and apart
without cohabitation for 1 year
3. There are no minor children (born or adopted) and the wife is not
pregnant, or the spouses have signed an agreement specifying the
custody and support of the children
4. There is no community or joint property, or the spouses have
signed an agreement regarding the division of their property and the
assumption of their liabilities, and have signed any deeds, titles,
or other evidences of transfer of property
5. Both spouses waive their rights to spousal support (maintenance)
or the spouses have signed an agreement specifying the amount of
spousal support
6. Both spouses waive:
1. Their rights to notice of entry of the final decree of divorce
2. Their rights to appeal the divorce
3. Their rights to request findings of fact and conclusions of law
in the divorce proceeding
4. Their rights to a new trial
7. Both spouses want the court to enter the decree of divorce
A Summary Proceeding for Divorce is begun by filing a joint
petition, signed under oath, together with an Affidavit of
Corroboration of Residency by a witness.
In addition, a spouse may apply for a divorce by default by
affidavit. In such situations, oral testimony will not normally be
required. If there is a marital settlement agreement, it should be
identified in the affidavit and attached to it when filed. The
affidavit should:
1. State that the residency requirements have been met
2. State that all of the information in the petition is correct and
true on the personal knowledge of the person signing the affidavit
3. State that the affidavit contains only facts that would be
admissible into evidence
4. Give factual support for each allegation in the application
5. Establish that the person signing the affidavit is competent to
testify.
Each divorce filed must also contain a Civil Cover sheet, a
Verification of Pleadings, a Request for Submission, and an
Affidavit of Residency. Finally, there are specific provisions
authorizing separation agreements and marital settlement agreements.
[Nevada Revised Statutes; Chapter 123, Sections 020 and 090 and
Chapter 125; Sections 181 to 184].
Divorce Mediation or Counseling Requirements
There are no legal provisions in Nevada for divorce mediation.
Divorce Property Distribution
Nevada is a "community property" state. The spouses retain all of
their separate property, acquired prior to the marriage or by gift
or inheritance. The court will divide all of the spouse's community
property and all of the property held jointly by the spouses,
including any military retirement benefits. The following factors
are considered:
1. The economic circumstances of each spouse at the time the
division of property is to become effective
2. How and by whom the property was acquired
3. The merits of each spouse;
4. The burdens imposed upon either spouse for the benefit of the
children
Marital fault is not mentioned as a factor. Either spouse's property
is also then subject to distribution for alimony or child support.
Separate property which 1 spouse contributed to purchase or improve
community property may be returned to the contributing spouse.
[Nevada Revised Statutes; Chapter 125, Section 150].
Alimony and Spousal Support
Unless there is a premarital agreement otherwise, either spouse may
be awarded alimony, without regard to marital fault. The alimony may
be a lump-sum or periodic payments. The award of alimony must be
just and equitable and consider:
1. The respective merits of the spouses
2. The condition in which they will be left by the divorce
3. Who acquired the property to be used for alimony
4. If there are burdens imposed upon the property for the benefit of
any children
In addition, the court shall consider a spouse's need for alimony
for the purpose of obtaining training or education relating to a
job, profession, or career. Other factors which the court is to
consider are:
1. Whether the spouse who would pay the alimony has obtained greater
job skills or education during the marriage
2. Whether the spouse who would receive alimony provided financial
support while the other spouse obtained job skills or education
Alimony may be provided for a limited time period for job training,
career testing, and education.
[Nevada Revised Statutes; Chapter 125, Section 150].
Spouse's Name After Divorce
For a reasonable cause, the court will restore the wife's former
name.
[Nevada Revised Statutes; Chapter 125, Section 130].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the
child and upon the following factors:
1. The preference of the child, if the child is of sufficient age
and capacity
2. The wishes of the parents (no preference is to be given because
of parent's sex)
3. Whether either parent has committed domestic violence
4. Other relevant factors
There is a presumption of joint custody if both parents have signed
an agreement for joint custody or both agree to joint custody in
open court. There is also a presumption that it is not in the best
interests of a child to have custody awarded to a parent who has
committed domestic violence.
[Nevada Revised Statutes; Chapter 125, Sections 480 and 490].
Child Support After Divorce
Temporary (during the divorce proceeding) and permanent child
support may be granted. There are official Child Support percentages
contained in Nevada Revised Statutes; Chapter 125B, Section 070.
There are changes to the guidelines which are due to take effect on
July 1, 2002. These guidelines are presumed to be correct unless
there is a showing that the needs of the child would not be met
under the particular circumstances in a case. Factors for deviation
from the guideline percentages are:
1. The cost of health insurance
2. The cost of childcare
3. Any special educational needs of the child
4. The age of the child
5. The responsibility of the parents for the support of others
6. The value of services contributed by the parents
7. Any public aid paid to the child
8. Any pregnancy expenses; (9) any visitation travel expenses
9. The amount of time the child spends with each parent
10. The relative income of each parent
11. Any other necessary expenses.
[Nevada Revised Statutes; Chapter 125, Section 230 and Chapter 125B,
Section 070, 080, and 090].
Continue to
New Hampshire Divorce
Laws |
Resource
Article:
Dividing Real Estate in Divorce
Determining Real Estate Value.
The first step in dealing with real estate issues is to determine
the value of the property. If the parties are unable to agree on the
current market value, there are several valuation methods that can
be used.
* Tax Assessed Value. The tax assessed value is usually not an
accurate method to value real estate. tax valuations are generally
low by as mush as ten to twenty percent. If there is a dispute in
value, the tax assessed value is likely to be given little weight in
Court.
* Appraiser. It is often most cost effective to agree on a real
estate appraiser to have a market valuation performed. This service
will often cost approximately $300 - $400.
* Realtor. A real estate valuation may also be performed by a
realtor at little to no cost. However, such valuations are often
less reliable than those performed by an appraiser since a realtor
performs an appraisal to maximize sale price and has less training
than a Real Estate Appraiser.
Determining Equity.
Equity is the true value of the asset of the property to the
parties. It is determined by subtracting the encumbrances against
the property from the Real Estate Value. Encumbrances may include
any loans secured against the property including mortgages, second
mortgages, home equity loans or secured lines of credit.
Under existing case law, costs associated with a sale of the real
estate are not usually deducted unless the home will actually be
sold as part of the divorce.
Determining Marital vs. Non-Marital Equity.
The next step is to determine what portion of the equity is marital
and what is non-marital. State laws vary broadly on this issue. Some
states, primarily those that we call equitable property states,
include in their statutes categories of assets that are not divided
in a divorce. These are called non-marital assets. Any non-marital
assets that you possess remain yours and any non-marital assets of
your spouse remain the assets of your spouse. In most cases,
non-marital assets may include:
* Premarital. Any asset acquired before the marriage (if the asset
was encumbered by a loan that was paid off during the marriage, it
may only have a partial non-marital value);
* Prenuptial Exclusions. An asset excluded by a valid prenuptial
agreement;
* Personal Injury Proceeds. Personal injury settlements are
generally considered personal to the injured party and are
non-marital in nature;
* Inheritance. Any proceeds or assets from an inheritance;
* Gifts. Any asset acquired as a gift to one, but not both parties. |
