You’re married with children and have become accustomed to leaving the state with your children, without their other parent, on a regular basis to visit family, friends, or for vacations, or just because.
You are now getting a divorce from the other parent of your child(ren) and you want to move to another state or country to be closer to family, or because of a great job offer.
The glitch is that by Nevada law, the rules on your comings and goings from the state with your children have changed once a divorce has been filed.
It comes as a surprise to some that they cannot leave the state with their children without the permission of either the other parent of their child(ren), or of the judge in the form of a court order.
If you leave the state before a divorce action has been filed, it is assumed that the permission of the other spouse was obtained. There are no assumptions anymore once a divorce has been filed by either of you, even if you filed a joint petition divorce.
If the child(ren)’s habitual state of residence has been Nevada and you do relocate to another state, or country, with your child(ren) before a divorce action has been filed and your spouse then files a Complaint for Divorce asking for physical custody, a judge might well order the children back to Nevada, especially if it appears that the intent behind the move was malicious towards the other parent rather than moving because of work or to be nearer to family for help with the child(ren).
The jurisdiction of children under the Uniform Child Custody Jurisdiction Act is the state where the children have lived for the majority of the 6 months immediately preceding divorce filings.
There are some exceptions to the rule, of course, especially if the court finds that Nevada is not a proper forum (court) in which to decide physical custody of the child(ren):
NRS 125A.365 Inconvenient forum.
A court of this state which has jurisdiction pursuant to the provisions of this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court.
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
If you do move out of the state with your child(ren) and with your spouse’s permission, and no divorce is impending, it is best and safest for you to get that permission in writing, preferably notarized, in the event a divorce follows later.
For your best course of action if you find yourself in a divorce situation and need to move outside Nevada with your minor children (under the age of 19), if your spouse will not give you written permission, is to contact your attorney for advice.
You can get more information on filing a divorce with children here
If you live in Las Vegas (Clark County) the short answer is “yes.” This one-time (can now be taken online) class IS required of all divorcing parties in Nevada who have children together.
You will see ways to avoid taking this class as you browse online, but the way to avoid it involves filing your divorce case in counties other than Clark County that do not require it. At first glance this might seem like a good deal for you, but based on years of divorce experience and of domesticating (moving) cases from those other counties to Clark County to address child support and visitation issues, it’s not a good deal at all in the end. Chances are high in a divorce with children that you will return to court at some point.
Reasons you might return to court after your divorce is granted:
- Review child support (you are entitled to review child support every three years)
- Address physical custody
- Address visitation
- Address the court for permission to take a child on a vacation if the other parent objects
- Address issue of the cost of extra-curricular activities as your children grow up
- Address any issue you might be having with the other parent not complying with the decree of divorce in regards to visitation, child support, or other issues.
Calculate how many times you might return to court between the time your divorce is granted and your child reaches the age of 18.
If you live in Clark County and your divorce is filed in a county located a day’s drive, or an hour flight away, it means you’ll have to spend money to either travel to court there, or move your case to Clark County before addressing issues. When a case has to be moved from one county to the next, these are the steps that must be taken:
- File a motion to change venue in the court where your decree was granted
- Appear at Court to have it granted
- Submit an Order to Transfer Venue to the judge and wait for it to be signed and filed.
- Once the court clerk in Clark County receives your file you will have to pay a filing fee here to complete the transfer.
Only after all of the above has been done can you address the court in Clark County to modify any of the clauses in your final decree of divorce. The average attorney fee to do this is $750 plus the filing costs of approximately $326.
As you can see, both are costly choices compared to the $45 it will cost each of you to take the class. You can take it in person for $40 if you prefer that to doing it online.
That’s the financial aspect of things. The most important reason for you to take the COPE class is certainly for the well-being of your children. Even if the court didn’t require it, it would certainly benefit parents to take the class which helps you with the following:
- How to focus on the needs of your children
- How to lower the stress of your children
- How to co-parent and work together for the benefit of your children
- Less child reported stress (22%)
- Fewer school absences (70%)
- Fewer doctor visits (54%)
It has been proven that a divorce, a major event in the life of a child, when not handled right, can cause high stress and long-term psychological burden on children. Taking the COPE class helps you help your child through your divorce in a way that will minimize stress. It also teaches you ways to deal with a difficult co-parent.
All in all, it’s a huge benefit for a small investment.
Are you having an unusually difficult time with your divorce because it’s also the holiday season? A divorce is one of the most difficult and stressful period of your life, especially with children, yet everyone around you expects you to look and feel happy because they do.
You need a plan.
I’ve been a family law attorney in Las Vegas, Nevada for more than twenty-five years. During that time, I’ve seen lots of people going through a divorce during the holidays. I know a few things about how to cope, but I also went looking for unusual tips from experts who aren’t lawyers in an effort to give you a broader spectrum.
I included one tip from each expert with links to their articles, followed by my own tips.
rights purchased from dreamstime.com
Robert E. Emory, PHD, of http://bit.ly/1IM8DlO offers ten tips. My favorite on his list is “Celebrate with your children’s other parent.” Unusual? Shocking?
I know that for many people, yes, it is, but think about it. If you can manage one event, small or large, with your ex, your children are sure to feel more relaxed about then being separated from one parent or the other for the remainder of the holidays.
Dr. Karen Finn, http://bit.ly/1liY4Sy — has a great tip that can help whether or not you have children. She recommends giving yourself a gift.
© Liz Van Steenburgh Dreamstime Stock Photos
And why not? You most likely will not be getting a gift from your spouse or be gifting him or her either. Grab the opportunity to buy yourself something you really like.
Below is my list on how to cope with the holiday season while in a divorce:
- Start a new tradition, on your own or with your children if you have them, rather than continue with the ones you followed with your spouse.
- If you are single, or if your children will be with your ex, plan ahead of time to do something to help others. It’s a well-known fact that helping others lifts our own mood in turn. Volunteer at a shelter, for instance, or visit people in hospitals with no family, or give friends with children a night off while you watch the kids.
- Do NOT become a recluse. Even if you’d rather pull a double shift at work, or stick your hand in fire, force yourself to go out and mingle with good friends or family.
Your spirits will lift from your new activities! We are social creatures and even when feeling low, we derive comfort from being around others. You will also feel empowered from having weathered holiday events on your own.
Now, go forth and make merry!
Conexa, LLC, Discount divorce law firm in Las Vegas, Nevada.
In Nevada, when you decide to dissolve a marriage relationship, you have two options:
- File a divorce, unless you object to divorce for religious or personal reasons, or you are uncertain if you want to dissolve the marriage.
- If you don’t want to completely sever the marital ties, you have the option to file an action for separate maintenance instead, also commonly known as a legal separation.
Couples who wish to protect themselves from the financial obligations entered into by their spouse after a separation, but either object to divorce or want to take some time before filing for one, usually choose this option.
Another reason for choosing a legal separation over divorce is when one party is on the health insurance of the other and does not want to lose the coverage it offers.
If a divorce is filed later, the terms of the Separate Maintenance are incorporated into the Decree of Divorce.
Essentially, a legal separation addresses all issues normally addressed in a divorce, falling just short of dissolving the marriage.
Issues addressed in both divorce and separate maintenance:
- Spousal and child support.
- Possession and/or division of community property and deb.
- How future income property and debt are to be handled.
- Disclosure and modification provisions.
- Relationship to divorce decree and reconciliation.
- Tax issues.
- Attorney’s fees.
- Estate planning.
Before filing for divorce, which dissolves the marriage completely, especially when you have minor children, it’s wise to consider filing a legal separation first as a way to test if you really do wish to end the marriage.
Below are some circumstances and conditions under which you should consider a legal separation instead of a divorce:
- Older couple where medical insurance and spousal benefits are important.
- Couple with children who want to cause minimal trauma to children during separation.
- Couple who are on the fence about divorce and want to do a trial separation.
- Long marriage where the cost and consequences of unwinding the community property is not worth the attorney’s fees, appraisal costs and expert fees.
Often separate maintenance provisions have a clause that indicates that in the event of a divorce the obligations, duties, rights and responsibilities contained in the decree of separate maintenance will be incorporated by reference into the decree of divorce.
In Nevada, a court filing for a separate maintenance cannot be done as a joint petition, as there is no Nevada Revised Statute allowing for a joint decree of separate maintenance, whereas it is possible to file a joint petition for divorce and obtain a decree of divorce.
The parties are free to include any provisions in their legal separations or divorce pleadings as long as they are in compliance in with the law and not against public policy. For example, in Nevada, parties to a divorce or separate maintenance cannot agree to lump sum child support. The Supreme Court has ruled against that.
Courts always reserve the power to look out for the best interests of the children. The contract is between the parents; the children are the concern of the State.
If the parties reconcile after a legal separation filing, the decree of legal separation will be terminated; if the parties separate again, a new legal separation filing will be required unless the first filing contained a provision that the first decree of legal separation will continue in full force if the parties reconcile then separate anew.
In a divorce, there is a six months period of time during which the parties can ask the court to have the final decree of divorce set aside. After six months has elapsed, the parties’ only option if they wish to reconcile is to get married again.
First off, you should understand the difference between sealing and not sealing your divorce file.
If you do NOT seal your divorce documents file, it remains part of the public record. As such, anyone who wishes to do so can present themselves at court and ask to see the file; people you know, people you’ve never met, any attorney. For instance, if you wished to see someone’s divorce file at court, you need only present yourself at the clerk’s office at Family Court, show some identification, and request the file.
You will be shown into a reading room and asked to sign out the divorce file you requested. It will be retrieved by the court clerk and brought to you. You will be able to read the entire file, as well as ask for copies of certain pages or documents in it, or even request that the entire file be copied. You will not be allowed to leave that room or the court with the file.
Other than a very few smaller counties in Northern Nevada, most counties’ family courts’ databases can be accessed online. At this time, only the case number, name of the parties, and names of the pleadings, such as joint petition for divorce, complaint for divorce, decree of divorce, and all other documents pertaining to your divorce, such as affidavits and financial disclosures, are visible to the public; the documents themselves are not visible, at least not at the time of this writing. Only attorneys have access to a paid service through which they can see full pleadings online.
If you file a formal request for the court to seal your divorce file, none of the court pleadings having to do with your Nevada divorce will be accessible to the public or attorneys, other than your own attorney and as long as he or she is still your attorney of record, once the Order to Seal has been signed by the Family Court judge and filed by the Clerk of the Court.
A court order will be needed to access the file after it is sealed, except by the parties to the case who will have to present themselves at court in person and show identification.
If you obtained your divorce by a Default process (when the other party did not sign divorce documents and did not respond to the Complaint for Divorce) you will not be able to seal your divorce in Nevada. This is to allow access to the file by the Defendant.
If anyone were to search the court’s online database once your divorce is sealed, nothing would show up at all either under your name, your spouse’s name, or under the case number.
Should you seal your own divorce? This is a very personal decision. Do you feel uncomfortable at the thought of any stranger having access to your divorce file and reading the financial settlement you arrived at with your spouse? Were there acrimonious affidavits filed by you or your spouse and you wish to keep those private? Does just knowing that your divorce is part of the public record bother you?
If so, you might want to seal your Nevada divorce file.
You’ll find much incorrect information surrounding how to establish residency for a Nevada divorce online. Not surprisingly, this is one of the most-asked questions we get by email and phone. So, in the spirit of setting the record straight, here are the 6 most-asked questions pertaining to what the court looks for as proof of your Nevada residency:
- Do both my spouse and I have to be Nevada resident to file a divorce in Nevada?
No. Only one of the parties must have resided in Nevada for a minimum of six-weeks before filing a divorce. If you are filing for an annulment and you obtained your marriage in Nevada then you need not be a Nevada resident. The Court has jurisdiction to set aside the marriage. However, if you want to annul a marriage from another state residency is required.
- How do I prove I’m a resident?
The main proof comes in the form of an Affidavit of Resident Witness. The individual who signs this sworn Affidavit in front of a notary must be another Nevada resident who knows you to have lived in Nevada for a minimum of six weeks before the date your divorce is filed. This can be a friend, relative, co-worker, landlord, employer or employee, just anyone else at all who is a Nevada resident and is willing to sign this affidavit. If you are moving to Nevada and plan to get divorced here then be social and get to know a friend, co-worker or neighbor. Surprisingly people who have lived here for a year sometimes have difficulty finding a resident witness because they have not bothered to get to know someone on a regular basis, i.e., who has seen them physically present in Nevada each week for 6 weeks. Remember, if children are involved the Court requires that they reside in Nevada for 6 months before the Court will exercise jurisdiction over custody and visitation of the children.
We create the affidavit, notarize, and file the resident witness affidavit as a part of our Nevada divorce service to you.
- Do I have to change my driver’s license to Nevada before I sign my divorce documents?
The Department of Motor Vehicles (DMV) does require that incoming residents trade in their out-of-state driver’s license for a Nevada driver’s license before the first 30-day period of residency has expired. However, we are working for you and not for DMV so if you provide us with sufficient identification and evidence that you actually now reside in Nevada we will notarize you signature reminding you that you are under oath.
That said, the Court generally does not ask to see your driver’s license unless you must make a court appearance in your divorce. If you cannot obtain a driver’s license DMV issues a state identification card which will be sufficient. A passport alone with an out of state address will not be sufficient to prove that you are a Nevada resident.
If your divorce is uncontested, it’s unlikely that you’ll have to appear in court and show as much proof as stated above, though it has occurred in the past. However, if the divorce is contested and your spouse challenges your residence then you will have to come up with other proof that you live here. Under these circumstances it is a good idea to corroborate your Nevada residency in the form of:
- Nevada driver’s license
- voter registration (if you vote)
- rental or utility company receipts (if you rent/own a place where the utilities are in your name)
- car registration, if you own a vehicle.
- Can I just move to Nevada, get my divorce, and leave?
Your divorce documents will state that, at the time you sign your divorce documents you have the intent to remain in Nevada after your divorce. Your Affidavit will state that it is still your intent to remain in Nevada for an indefinite period of time. The court has nothing to say on the fact that you might change your mind afterwards. However, this does not mean that you can come to Nevada, spend 6 weeks here, sign your divorce papers and leave town. You would be advised to remain in Nevada until your uncontested divorce is finished up. If you already have filed a case in another state and it is still pending, and, maybe that case is moving too slow for you, you cannot come to Nevada to live here 6 weeks and file here as that is called forum shopping and is not allowed. The case in the other state would have to be closed or dismissed for you to file a new case in Nevada.
- I’m getting divorced because of an Immigration issue. Can I just move to Nevada, get a divorce, and leave?
There have been many instances in the recent past where Immigration officer have questioned the validity of Nevada divorces obtained to benefit parties in an Immigration case. Our office had a case where there was a paralegal company in New York City advertising Nevada Divorces and gave out inaccurate information on residence. Although the divorce took place in Nevada when an immigration application for a visa was attempted the immigration officer wanted much more evidence than just a cousin’s affidavit that he had seen the client in Nevada for 6 weeks. If immigration suspects fraud by a non-citizen they can abort the immigration application and deport a person or not allow them reentry in to the country.
- What constitutes a legal residence?
The term, legal residence, applies to the place a person spends most of his time and is the home that is recognized by law.
Residency as a legal term has different meanings in different contexts in the law. Also different jurisdictions define residency in different ways because of different laws. Some people consider themselves to have two residencies, especially when they have a second home. A deployed member of the military may be a permanent resident of Nevada even if he or she has been in Iraq for the past two years. Bankruptcy may require that you live in Nevada 6 months before you file whereas you only have to live in Nevada 6 weeks to file for divorce. California may require that you live there 6 months before you file for divorce instead of Nevada’s 6 weeks. So context is everything where it comes to residency.
This is a question we get asked so often from both annulment and divorce clients that we decided to address it in more depth here.
First off, whether you are filing an annulment or a divorce, it is always less expensive and faster to have it granted if your spouse signs the papers. However, if your spouse refuses to sign, or you cannot find him or her, here’s how to file a one-signature divorce in Nevada.
Nevada law requires that your spouse be served with the Complaint for Divorce (or Complaint for Annulment), and then be given 21 days after the date of service (consecutive calendar days) to respond to the complaint. To make it simpler, the rest of this article will mostly refer to “complaint” rather than repeating Complaint for Divorce or Complaint for Annulment over and over.
When you serve the Complaint for Divorce, be sure to also serve a Joint Preliminary Injunction to keep the Defendant from cleaning out your joint bank accounts or transferring anything you own jointly into his or her name only.
Also, if you are in need of temporary child support or spousal support, or want exclusive use of the family home for the duration of the divorce, you should file a Motion for temporary support which will be heard by the judge sooner than any possible divorce trial.
If you have no idea where your spouse resides, you might want to consider hiring an investigator before filing your divorce so that the 120-day deadline on filing the Affidavit of Service doesn’t elapse while you are attempting to find him or her.
If a skip-trace does not turn up the whereabouts of your spouse, publication of the Summons must take place. This requires that the Summons be published once a week for five weeks (when filed in Nevada). And just as in when the Defendant is served personally, there is a 21-day waiting period after the last date of publication before the Default can be submitted to the court.
A Default essentially means that the Defendant does not object to the divorce or annulment. A Default is granted by the court with proof of service, either personal or by publication.
To properly respond to a complaint the Defendant must file an Answer and Counterclaim with the Family Court where your case was filed, and must do so no later than 21 days after he or she was served with the Complaint.
Please note, that if you are in a domestic violence situation, it would be far better to have the Defendant served rather than face a violent situation when you ask your spouse to sign the papers.
Should your spouse file an Answer and Counterclaim after he or she has been served, your divorce or annulment will be considered a contested matter. If your spouse contests, the first thing the court does is set a Case Management Conference, which is essentially forced mediation. We are strong advocates of mediation as it avoids much anxiety for the parties as well as save them a lot of money. Our philosophy is, if you can’t come to an agreement on your own, why not enter into mediation before filing and therefore avoid high attorney fees for both sides (minimum of $2500-$5000 for each party in most cases) just to end up in mediation anyway?
For details or to start the process of filing a Complaint for divorce, visit this page: http://nevadadivorce.org/one_signature_divorce_complaint.html
Are physical custody and legal custody the same thing? Oftentimes, clients see them as one, when in fact, these are two different aspects of custody that are addressed in a divorce with children.
- Physical custody refers to time a parent actually spends with his or her children.
- Legal custody refers to a parent’s right to make decisions on major issues regarding their child(ren).
Regarding physical custody, Family Court in Nevada operates from a belief that both parents should have as much meaningful and quality time with their children, post-divorce, as possible.
Ideally, after a divorce, the children’s parents will share joint legal and joint physical custody. In Nevada, as long as the children spend between 40% to 60% of quality time with each parent, the parents are considered to be sharing joint physical custody.
If one parent cares for the children more than 60% of the time that parent is considered by the Court to have primary physical custody of the kids. This can affect child support.
Even when parents have a joint physical custody agreement, there is likely to be child support paid by one parent to the other if there is a disparity in income between the parties.
When parents share joint legal custody, but one parent has primary physical custody, the other parent is entitled to, and likely to have, reasonable visitation with the children.
Reasonable visitation must be defined in the decree of divorce, though parents are free to define it any way they want. The Court just wants something definite in the decree such as dates or days, as well as time of day and the exchange location are put in the Decree.
If the divorced parents live in two different towns, then one parent will typically have primary custody of the children for purposes of attending school.
Sole physical custody, meaning the children live full-time with one parent and never visit the other parent, is not customary for Nevada, though it happens frequently nevertheless. If one parent can’t be located, is unfit because of child abuse, mentally challenged, or a sex predator, then the court is likely to grant sole physical custody to the other parent. This happens often enough when one parent has been sentenced to prison for a long period of time, for instance.
One should be cautious when accepting lightly what the court might recommend what they term as a temporary physical custody arrangement. What’s often not said at such time, is that usually what the Court decides at the first hearing on temporary physical custody often ends up being the permanent custody decision in the case.
Once the decision on temporary physical custody has been made by the Judge, or during the case management conference, and has then been signed by the judge, it’s often difficult to change that decision without showing a significant change in circumstances. One would have to show that a change is in the best interests of the children before a judge would agree to modify any physical custody order already in effect, even if it’s only a temporary order. Any change in custody must be approved by a judge; parents cannot simply write up their own amendment to the physical custody. A stipulation for a change must be filed by the parties and an order must be signed by a judge.
Legal custody essentially gives a parent, even one with no physical custody, the right to participate in life decisions affecting the welfare of their children in the following areas:
- medical decisions
- extracurricular activities
A motion must be filed with the court to take legal custody away from one parent. It cannot be addressed as a part of a divorce, though both actions can take place simultaneously.
To go further down that continuum if an absent parent does not pay child support or make any effort to be involved in the child’s life for a year, then the active parent can seek to terminate the parental rights of that absent parent.
So, to reiterate, physical custody is the time a parent actually spends with a child. Legal custody is the right by a parent to make decisions on important issues in a child’s life.
It’s discouraging when the person to whom you promised to spend the rest of your life with simply disappears, seemingly without a trace.
We had a female client recently, we’ll call her Lisa for the purposes of this article, whose husband of ten years left the home without notice, just leaving a brief note to say he was leaving and not coming back. The parties own a home and have two children together.
Months went by and the Husband made no contact with Lisa, and no amount of asking relatives or friends turned him up. Finally, not knowing what to do, she called our office wondering if she could even file a divorce since she could not find him anywhere.
We reassured her that, in Nevada, the law allows for being able to obtain a divorce even in these circumstances. This is how to obtain a divorce when your spouse has disappeared.
We do it in this way:
- We file a one-signature divorce on behalf of the Plaintiff and get a Summons issued.
- We then do a skip-trace to attempt to find the Defendant (the missing spouse).
- If he or she cannot be found that way, we will obtain an affidavit of due diligence. Based on that, we’re able to get an order to publish from the judge.
- Once publication has taken place, once a week for five weeks, we are able to submit a Default to the court on Day 22 after the last date of Publication, if the Defendant has not filed an Answer in court.
- Once the Default has been granted, we submit the final decree of divorce for the judge’s signature.
- After the judge has signed the decree, the court clerk files it and the divorce becomes final.
Because Lisa owned a home with her husband and had two children with him, we also did the following:
- Obtained an Order from the judge to allow the judge’s clerk sign a Quitclaim deed that transferred ownership of the parties’ house to Lisa only.
- Obtained full physical custody of the parties’ children for Lisa. If her spouse, the children’s father, ever wants visitation, he will have to petition the court. Both parties still retained legal custody as this is a separate matter from physical custody and must be addressed separately.
- Once the divorce was granted, we forwarded a copy of the final decree of divorce to the District Attorney’s Family Support Division so that Lisa could get child support for the children. The District Attorney’s office has many investigative resources and powers to find Lisa’s husband. Once they do, they will garnish his wages, suspend his licenses, or attach any IRS refund due him to cover any child support due to Lisa for the children of the parties.
In addition to all of this, though this didn’t happen in Lisa’s case, the judge might order a Plaintiff to pay a private investigator to find the missing spouse. Also, if there is equity in the house owned by the parties and it gets sold by the Plaintiff, the judge might also order the Plaintiff to keep Defendant’s share in a separate account for him or her, for at least a period of about a year.
Author: Office of Attorney James E. Smith — http://nevadadivorce.org/about_nevada_divorce.htm
This should help answer your most pressing questions if you are either contemplating divorce or are currently going through a divorce and you have children with your spouse. In most divorces that involve children, we get asked most of these same questions each and every time.
Why do I have to pay Child Support when I share physical custody with my spouse?
In many cases, even when parents share physical custody fairly equally, one parent will end up paying at least some child support.
First off, for your arrangement to be considered shared physical custody, the court likes to see a time split that amounts to a near-equal number of hours shared by the parents, outside school hours. For instance, if your child is with you from Friday after school until Monday when you drop him off at school, and is then with your spouse from after school on Monday until Friday morning school time, that would be considered equal time even though your child is with you for only two full days. This is because, since there is no school on the weekend, you have spent pretty much the same number of the child’s awake hours with the child, as did the parent who had the child from Monday after school through Friday morning before school.
In Nevada, child support is calculated according to a specific formula which you’ll find on our Divorce with Children page.
Do I have to buy health insurance for my child(ren) even though they don’t have coverage now?
Nevada expects one parent to be responsible for health care cost of the child(ren), usually in the form of a health insurance policy. If neither parent can cover this cost, an explanation must be given in the divorce pleadings. Both parents are expected to share, fifty/fifty, medical costs not covered by the insurance. If Mother incurred the medical expense for the child, she must present Father with the invoice within 30 days of incurring it. Father must then reimburse Mother his fifty percent share of that expense.
Can I include college expenses into the decree of divorce?
Nevada has no rules or laws about this, so it’s discretionary. The parties can agree to include it in the decree of divorce, but the judge has no jurisdiction over it, therefore cannot force a parent to pay for the college education of a child.
Can I ask for money for extra-curricular activities for the child(ren)?
Quite possibly. Extra-curricular activities such as sports, private school tuition, costs of child care, are all items on the allowed list of deviations from the child support guidelines. (NRS125B.080). Below are some of the most common deviations:
- Cost of health insurance
- Cost of child care
- Special educational needs of the child
- Age of the child
- Legal responsibility of parents for the support of others (such as children from a previous relationship)
- Value of services contributed by either parent
- Any public assistance paid to support the child
- Any expenses reasonably related to the mother’s pregnancy and confinement
- 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
- The amount of time the child spends with each parent
- Any other necessary expenses for the benefit of the child
- The relative income of both parents
Can I move out of the State of Nevada with my children?
Leaving the state permanently or temporarily without your spouse and taking your children with you while you are married is perfectly legal. Once you file a divorce, however, the rules change. You will need your spouse’s written consent and if your spouse won’t give permission, you will need to obtain a court order from the judge assigned to your divorce case.
If the child(ren)’s habitual residence has been Nevada for at least six months and you move outside the State of Nevada with your child(ren) and your spouse subsequently files a Complaint for Divorce asking for physical custody, a Nevada judge might well order the children back to Nevada. The judge would look at your reason for moving; if moving closer to family or work was not the reason, and it appears that the move was simply malicious towards your spouse, it’s highly likely that you’d have to return the child(ren) to Nevada.
The jurisdiction of children under the Uniform Child Custody Jurisdiction Act is the state where the children have lived for the majority of the 6 months immediately preceding divorce filings.
As always, this is general information; you should always consult an attorney before taking action.
Author: Office of Attorney James E. Smith — http://nevadadivorce.org/about_nevada_divorce.htm