FAMILY LAW OVERVEIW
DIVORCE
Overview of Divorce
Filing for divorce can be scary and unsettling. Before taking legal action, it is best to learn and understand your legal rights and the divorce process in general. It is always advisable to consult with an attorney when considering a divorce so you can learn about your legal rights and your options. Hiring an attorney may not be as expensive as most people think and having an attorney to guide you may save you time and money in the long run.
CHILD SUPPORT
Overview Child Support
Child support is set based on a percentage of the parents “gross monthly income.” Gross monthly income includes pre-tax income from all sources, including employment, tips, overtime, unemployment, and retirement. Each parent will have to provide the judge and the other parent with a financial statement, paystubs, and possibly prior tax returns so each parent’s income can be determined.
GROUNDS FOR DIVORCE
Grounds for Divorce in Nevada
Nevada is a “no fault” divorce state, which means the person asking for a divorce does not have to prove that anybody did anything wrong to cause the divorce. A person asking for divorce only needs to claim that the parties are “incompatible,” meaning you just don’t get along.
There are other grounds for divorce that are not used very often. Usually, claiming that you cannot live together as a married couple and that there is no chance of reconciliation is enough for a judge to grant a divorce.
DOMESTIC VIOLENCE
What is a Protection Order?
This is for people who need to keep abusive family members and significant others away. It is based on some kind of family or dating relationship where domestic violence has happened. Note, as of July 1, adult siblings and adult cousins no longer qualify for a domestic violence protection order. They may qualify for a different kind of order listed below.
Domestic violence can be an assault, battery, stalking, trespassing, destruction of private property, injuring or killing an animal, threats to do any of these things, and several other acts. The complete list is at NRS 33.018.
PROTECTIVE ORDER
Who Can Get a Protection Order?
A protection order is a court order that requires someone to stay away from you and any locations you identify (such as work, home, etc.).
A “temporary protection order” (a “TPO”) may be issued for up to 45 days. The judge can issue a TPO without notifying the other party first. You must fill out an application, and the judge might want you to come to a hearing if the judge has questions. If approved, the Sheriff will serve the other person with the TPO.
You can also request an “extended protection order.” This can be included with your original application, or you can request it later as long as your TPO is in effect. You and the other person will have to go to a hearing where the judge can ask both of you questions. At the hearing, the judge will decide whether to extend the order. If approved, the protection order can be extended for up to two years.
The person asking for a protection order is called the “applicant.”
The other person is called the “adverse party.”
PROCESS
The Divorce Process
There are two ways to file for divorce in Nevada. If both spouses agree on everything in their case, they can File for Divorce Together by filing a “joint petition for divorce.” These divorces are typically approved quickly, and the parties usually do not have to appear in front of a judge.
If the spouses cannot agree on all the terms of the divorce, one spouse can File for Divorce Separately by filing a “complaint for divorce.” The person who files for divorce is the “plaintiff” and the other spouse is the “defendant.” The plaintiff’s complaint for divorce will list what the plaintiff would like out of the divorce, and the defendant can Respond to the Divorce by filing an “answer and counterclaim” stating what he or she wants out of the divorce.
People often wonder how long the divorce process will take. There is no easy answer to that question, since all cases are different. If you and your spouse can agree to most or all of terms of your divorce, a divorce can be finished fairly quickly. If you and your spouse cannot agree on very many things, you may have to go to court several times before the divorce can be finalized.
Disclaimer: Past results do not guarantee, warrant, or predict future cases.
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