Sunday, January 30, 2011

Nevada Divorce Laws

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

File for a divorce in Nevada, both parties must reside in the State for a period of at least 6 weeks before filing. For divorce may be filed with the District Court of the county where he resides, where the cause of divorce, or where the parties cohabited Last. [Based on Nevada revised statute 125020]

Legal grounds for divorce: the following are the cause of divorce in Nevada: incompatibility. When the husband and wife have lived separate and apart for 1 year without living together, that the Court may, at its discretion, grant a decree absolute of divorce at the suit of the parties. Existing madness for 2 years before the beginning of the action. [Based on Nevada revised statute 125005]legal Separation:

When a person has any cause of action or divorce when he was abandoned and continued desertion for 90 days, he may, without applying for a divorce, maintain an action in District Court against the spouse for permanent support and maintenance of themselves and their children. [Based on Nevada revised statute 125190]

DISTRIBUTION OF PROPERTY:

Nevada is a State of property of the community, namely that if the parties cannot reach a mutual agreement, the Court shall divide marital assets and liabilities. The Court, to the extent possible, make a disposition of community property, except that the Court may make an unequal disposition of community property in such proportions that sees only if the Court finds that there is a compelling reason to do so and shall establish in writing the reasons for making the unequal disposition. In granting the divorce, the Court must have any date property in joint tenancy in the manner prescribed for the disposition of community property. If a party has made a contribution of separate property for the acquisition or improvement of the leased estate joint, the Court may provide for the repayment of that party for his contribution. In determining whether to provide for the reimbursement, in whole or in part, of a party that has helped to separate property, the Court takes into consideration:

The intention of the parties to place the property in joint tenancy. The duration of the marriage. Any other factor the Court deems relevant in making a fair and equitable disposition of that property.

[Based on Nevada revised statute 125150]

FOOD SUPPORT/MAINTENANCE/DOMESTIC:

In granting a divorce, the Court may award such alimony to the wife or the husband, in a sum specified major or as specified periodic payments, as is just and equitable. The Court may set aside such portion of the separate property of the husband to support his wife's separate property for the support of the wife of her husband or the separate property of the spouses for their support of their children as deemed fair and equitable. The Court shall consider the need to grant benefits 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 in determining whether these foods should be granted, the Court shall consider:

If the spouse who would pay such alimony has obtained greater job skills training or during the marriage. If the spouse who would receive such alimony provided financial support, while the other spouse obtained job skills or training.A change of 20 percent or more of gross monthly income of a spouse to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. In case of death of the party is or the subsequent remarriage of the spouse to whom specified periodic payments should be made, all payments required by this decree must cease, unless it was otherwise ordered by the judge.

[Based on Nevada revised statute 125150]

NAME OF SPOUSE:

In all the clothes to the divorce, if a divorce is granted, the Court may, for a just and reasonable cause and by an appropriate order embodied in its Decree, change the name of the wife to any former name that she has legally borne. [Based on Nevada revised statute 125130]

CHILD CUSTODY:

In determining custody of a minor child, the sole consideration of the Court is the best interest of the child. If it appears to the Court that joint custody would be in the best interests of the child, the Court may grant custody to the parties jointly. Must not be given the preference to both parents for the sole reason that the parent is the mother or the child's father. In determining the best interests of the child, the Court shall examine and set its specific findings concerning, inter alia:

The desire of the child if the child's age and ability to form an intelligent preference as to his custody sufficient. Any assignment by a parent or guardian for the child. Which parent is more likely to allow the child to have frequent associations and a constant relationship with the non-custodial parent. The level of conflict between parents. The ability of parents to cooperate to meet the needs of the child. Mental and physical health of the parents. The needs of physical, emotional and order of child development. The nature of the relationship of the child with each parent. The ability of child to maintain a relationship with any sibling. Each story of parental abuse or neglect of the child or a sibling of the child. If the parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

The Court may award legal custody without awarding joint custody of Physics in a case where parents have joint legal custody. [Based on Nevada revised statute 125480]


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