Instructions on How to File For Divorce in Nevada Form

In order to be able to file for divorce in the State of Nevada, use the following instructions.

Extracted Text for Proper Search

Instructions for Filing Divorce	 	
 
Chapter 125 of the Nevada Revised Statutes addresses Dissolution of Marriage, 
125A governs the Uniform Child Custody Jurisd iction Act, 125B governs Child Support, 
125C governs Custody and Visitation, while Chapter 126 covers Parentage. Proceedings 
in Family Court are generally subject to  the Nevada Rules of Civil Procedure.  
In any contested action in Family Court (divorce, annulment, custody, support) 
either party can request that the hearings  be private. EDCR 5.02. Lawyers, litigants, 
witnesses or others may not discuss with  minor children the issues and proceedings 
before the court. EDCR 5.03. Minor children  may not be brought to hearings unless 
specifically requested or appr oved by the court. EDCR 5.06. 
 	
OBTAINING A DIVORCE IN NEVADA 	
There are 2 Ways To Obtain A Divorce  	
=> Joint Petition Process (Uncontested)  
=> Complaint and Answer Process (Contested or Uncontested)  
 	
JOINT PETITION/ UNCONTESTED DIVORCE	
 	
Uncontested divorce means that both parties are able to reach an agreement 
concerning every issue in their case, incl uding property division, children, support, 
visitation.. The agreement is simply incorpor ated into the divorce decree. There are a 
number of factors to consider when determ ining whether an uncontested divorce is right 
for a particular couple. It is always impor tant to recognize, however, that the legal 
positions of the husband and wife are materially  adverse even if they ultimately agree on 
the terms for divorce.  	
Generally, parties seek an uncont ested divorce because they have 
independently, fairly and comforta bly come to an agreement on:  
 1) The desire to obtain a divorce;  
 2) The division of community  property and debts;  
 3) Whether or how much spousal  support one party will pay;  
 4) Child custody, support and visitation; and  
 5) How they will pay the various costs of divorce.  	
 	
Statutory Requirements fo r Using Joint Petition 	
To use a joint petition both parties must  agree to sign the petition. If there are 
any disagreements over the terms of the di vorce a joint petition cannot be used. The 
major advantage of using a Joint Petition is  that the parties incur lower fees and costs 
because they are often self-represented and the divorce is obtained  by using affidavits. 
Generally the petitioners do not have to appe ar in court unless the court specifically 
requires it. There is a Filing Fee for a Joint Petition. (See Tab A). Filing Fees may be 
waived for low income persons at th e discretion of the assigned judge.  
There are specific requirements unde r Nevada law (NRS§ 125.181 to 125.184) 
which must be met before a joint petition maybe used:

1) Jurisdiction: One spouse must have re sided in Nevada for at least 6 weeks 
before the joint petition is filed. If the  joint petition addresses child custody, then 
the children must have resided in Nevada  for at least six months before the joint 
petition is filed.  	
 	
  2) Grounds for divorce: Parties must be  able to allege one of the following 
grounds for divorce:  	
  a. incompatibility; or  
 b. the husband and wife have lived sepa rate and apart for 1 year without 
cohabitation.  	
  3) Provision for minor children of the  relationship born before or during the 
marriage, or adopted by the parties: Th e parties must agree upon custody and a 
detailed visitation schedule for the mi nor children and the amount and manner of 
payment for child support. This maybe in corporated into the joint petition and 
divorce decree or set out in  a separate agreement.  	
 	
 4) "TRANSPARENTING CLASS  " - REQUIRED FOR DIVORCING 
PARENTS: The parents must attend a cla ss called "TransParenting," required by 
EDCR 5.07, however, they do not need to go  at the same time. The class must be 
completed by both parents prior to submitting the  	
 	
  Joint Petition. The class is offered th roughout the week by Palo Verde Child & 
Family Services (243-4357) and by Fam ily Solutions (395-8417). The class is 3 
hours in length and the cost is $40.00 per  parent, payable by cash or money order. 
Fee waivers are available if an Affidav it of Financial Ability, available through 
the Court, is submitted. Courses in  Spanish are also available.  	
 	
 5) Community property/debt agreement: Pa rties must agree upon the division of 
community property and debt, if any, and mu st execute any deeds, certificates of 
title, bills of sale or other evidence of  transfer necessary to effectuate the 
agreement.  	
 	
  6) Spousal support/alimony: Parties must  either waive any rights to spousal 
support or agree and set forth the amount and manner of spousal support in the 
Joint Petition or in a separate agreem ent. The words alimony and spousal support 
may be used interchangeably.  	
 	
  7) Waiver of rights: By filing a Joint  Petition, the parties waive their respective 
rights to written notice of en try of the decree of divorce, the right to appeal, the 
right to request findings of  fact and conclusions of law and the right to move for a 
new trial.  	
 	
  8) Both want divorce: Part ies desire that the court enter a decree of divorce.  	
 	
 9) Other Information Needed in Joint Petition

a. The date and the place of the marriage.  
 b. The mailing address of both the husband and wife.  
 c. Whether the wife elects to have he r maiden or former name restored 
and, if so, the name to be restored.  (The wife has the exclusive right to 
decide whether to keep the married name or to restore a former name.)  
  d. An affidavit of Resident Witness corroborating that one of the parties 
has been a resident of the state for at least 6 weeks.  
 e. Attach and identify any separate marital settlement agreements which 
the parties want the court to approve or  make a part of the divorce decree.  	
 	
 10) Documents Filed For A Joint Petition  	
 a. Joint Petition plus all separate agreements (if any).  
 b. Affidavit of Resident Witness.  
 c. Proposed Decree of Divorce.  
 d. If there are any minor children, a TransParenting Class certificate for 
each parent.  
 e. Family Court Cover Sheet.  
 f. Filing Fee  
  	
COMPLAINT AND ANSWER PROCESS	
 	
  The second way a divorce may be obtained  is by the filing of a Complaint 
(i.e. a lawsuit) for divorce. A Complaint is  filed by only one party. Unlike the Joint 
Petition, the other party does not need to  agree to the terms of the Complaint. The 
"Plaintiff' is the spouse who f iles the complaint; the "Defendant" is the other spouse.  
Again, there is certain information that must be included in the Complaint. The 
Plaintiff will request specific terms for the  divorce, including child custody, support and 
visitation, spousal support, if applicable,  and the division of community property and 
community debts. The Defendant must be  properly "Served" with the Summons and 
Complaint. After the Defendant is served th e Defendant must file an Answer with the 
Court within 20 days, or, by failing to answer,  will allow a Default to be entered (service 
of process, Answers and Defa ults are explained below).  
 	
Contents of The Complaint 	
An action for a divorce begins with the f iling of a Complaint. A Complaint must 
be "verified" which means that the Plaintiff must sign an oath swearing that the contents 
set forth in the document are true and correct  as of the date the Complaint is signed. The 
completed Complaint must also be notarized. It is extremely important that all the facts 
set forth in the Complaint are accurate. A Complaint is a very important legal document 
and it is important to properly set forth  the requested terms for divorce. We highly 
recommend that you consult wi th a private attorney concerning the facts of your case 
BEFORE YOU FILE ANY COURT DOCUMENTS .  
A Complaint for divorce should include basic facts about the parties and set forth 
the terms of the divorce desired by the  Plaintiff (spouse filing the complaint):

1) The date and place of the marriage  and the residence/location and mailing 
addresses of both parties suffi cient to give the court jurisdiction over the parties 
and the matter.  	
 	
  2) Whether the couple has any minor children (including adopted children) and 
whether the wife is pregnant. If there are children, or the wife is pregnant, the 
Complaint must state:  	
 a. Plaintiff's custody preference  and residence of children;  
 b. A request for child support, if app licable; and whether the Court should 
order wage withholdi ng (NRS 125.450(2));  
 c. A detailed visitation sche dule for the children; and  
 d. Plaintiff's preference for which pa rent will provide health insurance 
coverage for the child(ren).  
  e. Whether there is any community pr operty or debts which need to be 
divided by the Court and the proposed  division of the community assets 
and debts.  
  f. Whether there is separate property  or debt of one party that the court 
needs to confirm.  
  g. Whether the wife wishes her former name to be restored to her.  
 h. Whether alimony (spousal support) is being sought  
 i. The cause for the divorce. For example:  	
 i. Insanity for two years (seldom used);  
 ii. Living separate and apart for one year;  
 iii. Incompatibility in marriage.  	
  Once the Complaint is filled out and the verification is signed and 
notarized, it must be filed at the Family Court Clerk's Office. The Filing Fee) is payable 
in cash, by check (with a Nevada driver's lice nse) or by money order. If the Plaintiff 
cannot afford the filing fee, he/she may reque st that the fee be waived by filling out a 
Request to Proceed In Forma Pauperis. The Self  Help Center has this form available.  	
 	
Documents That Must Be Filed With The Complaint 	
Summons: A Summons is a document that tells  the Defendant that he or she is 
being sued and must answer the Complaint with in 20 days of its service or Judgment will 
be entered against the Defendant by Default.  The Summons is a preprinted form which 
must be filled out by the Plaintiff and "issued " by the Clerk of the Court. The Summons 
and Complaint must be served together upon  the Defendant, after the Complaint has been 
filed with the clerk. See below for service requirements. A standard summons form is 
available in the Clerk's office.  
The Family Court Cover Sheet : This is a document that collects data on each 
case filed in the Court and is available from th e clerk's office. The form is also included 
in the Self Help forms packets.  
The Joint Preliminary Inj unction (Not mandatory): A Joint Preliminary 
Injunction is a court document directed at the Plaintiff and  the Defendant. At the request 
of either parry, the Clerk will issue a prelim inary injunction against both parties. This 
injunction prohibits the partie s from transferring, encumbering, concealing, selling or 
otherwise disposing of prope rty without consent of the court; enjoins them from

harassing or stalking each other; or enjoins them from taking a child from the state in 
order to deprive the court  of jurisdiction over the action. The Joint Preliminary 
Injunction is a standard form that is available from the Clerk's office.  	
The injunction becomes effective agains t the party obtaining it upon its issuance 
and becomes effective against the other party after is has been served on them. It will last 
until a final judgment or divor ce decree is entered. Note that this is different from a 
restraining order or a tempor ary protection order. The inju nction prohibits improper sale, 
removal or other disposal of the assets of  the marital community and removal of children 
from the court's jurisdiction. Recourse for viol ation of the Joint Preliminary Injunction is 
effected through the court rather  than through law enforcement.  
 	
Serving the Summons And Complaint 	
Constitutional principles of Due process require that a Defendant must be 
notified that he or she is being sued and given an opportunity to respon\
d. This is done by 
"service of process." Statutes governing service of process are  strict and must be properly 
followed. The Judge will not take any action  in a case unless the judge knows that the 
Defendant has been properly served. The Nevada rules of service which apply can be 
found in Nevada Rule of Civil Procedur e 4 and Nevada Revised Statute 14.065. The 
Plaintiff, him or her self, is not permitted to  actually serve the Defendant, but rather, must 
arrange for service th rough a third party.  
 	
Personal Service 	
If the Defendant lives in Nevada,  personal service of the Summons and 
Complaint is required. Personal service  is achieved by serving the papers:  
 1) On the Defendant personally' or  
 2) By leaving copies at his reside nce with someone of suitable age and 
discretion also residing there; or  
  3) By delivery to an authorized agen t (such as Defendant's attorney) who 
signs an Acceptance of Service.  
  4) The Summons and Complains may be served by:  	
 a. Sheriff/Constable of Count y where Defendant is found;  
 b. Any citizen in the United States,  over the age of 18, who is not an 
interested party to the lawsuit.  	
 	
Note:  The Summons and Complaint must be served within 120 days after the 
summons is issued or the complaint can be dismissed. An extension of 
this time period can be requested  under certain circumstances.  
Note: If the spouse will agree to just accept the Summons and Complaint, he or 
she may sign' an Acceptance of Service.  
There are also numerous private process servers who will serve the documents 
for a similar fee - private process servers te nd to effect service (that is, locate the 
Defendant and deliver documents) qui cker then the Sheriffs Bureau.  	
Service By Publication - N.R.S. 4(e)(1) 	
It is possible that the Plaintiff may not  be able to personally serve a Defendant. 
If the party cannot be found in Nevada after "due diligence" (checking the post office, 
DMV, Voter's Registration, Nevada Power C o., Southwest Gas Corp., local telephone

companies, Tax Assessor's Office, County Recorder's Office, Defendant's former 
employer, family, friends, and neighbors), the  Plaintiff may request permission to serve 
by "publication." Generally, service by publicat ion is permitted when the Defendant is 
living outside the state at an unknown address;  the Defendant has left the state; after due 
diligence the Defendant cannot be found; or  the Defendant is concealing himself or 
herself to avoid service.  	
When an action is "Published" the Su mmons MUST have a sentence added 
which states the nature of the action, e.g.  "This is an action to dissolve the bonds of 
matrimony between Plaintiff and Defendant." An Affidavit of Due Diligence must be 
signed by the person (NOT the Plaintiff) who tried to locate the Defendant, setting forth 
the number of attempts made and what was  done to try to find the Defendant. This 
Affidavit must be filed with a proposed Order  for Service by Publication. (Tab E). If the 
court grants the request, the court's instruct ions for service must be strictly followed. 
Generally this means the Summons and Complaint must be mailed to the last known 
address of the Defendant and proof of mailing must be filed with the  court. In addition, 
the Summons and Complaint will need to be  published in a newspaper designated by the 
court and proof of publicati on filed with the court.  
 	
If the Party Resides Outside of Nevada 	
If the Defendant lives outside of Ne vada, there are two choices: serve by 
publication (NRCP 4(e) - BE VERY CARE FUL!) or, file a Motion and supporting 
Affidavit for Out of State Service and use a  local Sheriff to serve the documents upon the 
Defendant in the state where he or she lives.  Generally, if the whereabouts of the out-of-
state Defendant are known to Plaintiff, the court will require that Defendant receive 
personal service at the ou t-of-state residence.  
 	
Affidavit of Service 	
After service is accomplished, the completed Affidavit of Service form must be 
filed with the Family Court to prove that  the Defendant has been served. The person 
serving the documents must complete th e Affidavit of Service by writing down the 
location, date and time that the Defendant was served, sign and date the form, and have it 
notarized. The Plaintiff cannot fill out th e Affidavit of Service form himself.  
 	
Filing the Answer/Counterclaim 	
The spouse being sued for divorce is a "Defendant." Once a Defendant has been 
served with a Summons and Complaint for Divo rce, he or she has twenty days in which 
to file and serve an Answer or Answer and Counterclaim.  	
Warning : If a Defendant does not think that Nevada  is the right place for the case to be 
heard, he should consult with an  attorney BEFORE FILING ANY 
DOCUMENTS. Filing of a document ma y result in the Defendant being 
forced to go forward in the Nevada court. Be very careful since the dead\
line 
for default remains the same.  	
There is a filing fee to file the Answer  to a Divorce Complaint with the Clerk's 
office. If the Defendant cannot afford the fili ng fee, he or she may also request that the 
fee be waived by filling out a Request to Proceed In Forma Pauperis. The Self Help 
Center has this form available. All docume nts that are filed after the commencement of

the lawsuit, (e.g. the Answer) must be served or the opposing party but this maybe 
accomplished by mailing them to the opposing party by first class mail. They do not need 
to be served in the same manner as the original Complaint. Proof of Service (e.g. a 
Certificate of Mailing) must be filed with the Court.  	
The Defendant has three options afte r being sewed with a Complaint:  
 1) File an Answer, within 20 days of se rvice, agreeing to the terms set forth in 
the Complaint;  
  2) File an Answer, within 20 days of se rvice, denying some or all of the terms 
in the Complaint and filing a Counterclaim setting forth the terms of divorce 
that the Defendant seeks; or  
  3) Default by not filing an Answer (this  means Plaintiff gets what is sought in 
the Complaint).  	
 	
Answer That Agrees To The Terms Of The Complaint 	
An uncontested divorce maybe obtained  through the Complaint and Answer 
process if the Answer filed ag rees to the terms of the Complaint. Of course, this will 
not be known until the Answer is  filed with the court.  
Although	, the Complaint/Answer method of proceeding is slightly more 
difficult to do when the partie s are both unrepresented, it is probably the better choice 
particularly when they can afford to involve  attorneys. Often the parties are able to come 
to an agreement on all issues (property divi sion, child custody, support, etc.) but because 
they are unfamiliar with the applicable law and the court system, they are uncomfortable 
filing a joint petition on their  own because they might "miss" something. The Complaint 
and Answer process places the parties in an  adversarial position and may give the parties 
more legal "remedies" if something goes wr ong. For example, if both parties sign and 
file a joint petition and one party leaves  town with no forwarding address, when the 
judge later wants something ch anged, the parties are out of luck and the divorce does not 
go through unless the missing part y can be located. Or, one party may be reluctant to 
actually sign the join t petition, even though they agree  to the terms of the divorce.  	
When a Complaint and uncontested Answer  are filed, the parties either must 
attend a "prove-up" hearing or  request a summary disposition to finalize the divorce.  
 	
Defendant Answers And Contests Complaint 	
If the Defendant files an Answer disagreeing with some or all of the terms in the 
Complaint then the matter is "contested". A ll parties in contested divorce actions are 
encouraged to obtain legal representation. A contested divorce involves corn Heated 
procedural matters, discovery and a trial. It is  not easy for the self-represented litigant to 
navigate the system.  
If a Defendant wants a differe nt result in the divorce than the terms requested in 
the Complaint he/she must file an Answer denying those disputed terms. It is wise to file 
an Answer with a Counterclaim where the issu es in dispute are significant or additional 
relief is requested that was not included in  the Complaint. The court cannot grant relief 
that is not requested  by a party. Therefore, even if th e Plaintiff does not ultimately get 
what he or she requests in the Complaint, if  the Defendant has not made his own request

for relief (in the form of a Counterclaim), the Court will not know what to grant the 
Defendant. An Answer and Counterclaim  are combined into one document.  	
If a Counterclaim is filed, the Plaintiff must respond by filing of a Reply to 
Counterclaim by Plaintiff within 20 days after service of the Counterclaim. There is no 
filing fee for a Reply  	
Failure to Answer – Defendant Defaults 	
If the defendant was properly served and  does not file an Answer within 20 days 
after service of the Summons and Compla int, the Plaintiff may obtain a Default 
Judgment against the defendant. The Plaintiff mu st first request that the clerk’s office 
issue a "Default", indicating that an Answer has not been filed with the Clerk. The 
Plaintiff must then either  submit this Default and a propos ed Divorce Decree to the judge 
along with any other paperwork required or  schedule a "prove-up" hearing. Note, 
however, that the Defendant ma y return to Court and ask the court to "set aside" the 
default, for good cause. Defaults are generall y disfavored and a court will set aside a 
default judgment if the Defendant can s how "good cause" for doing so within six (6) 
months of entry or even  later is there was fraud.  
 	
Prove-Up Hearing	
To obtain a prove-up hearin g in an uncontested divorce, after the Answer is 
filed, the Plaintiff should go to the Clerk's o ffice and request a "setting slip." The Clerk 
will tell the Plaintiff the days and times av ailable for the hearing, which may vary by 
Judge/Department. Prove-up hearings are al so held twice each month on Wednesday 
evenings, beginning at 6:00 p.m. Th e Plaintiff needs to bring a resident witness, that is, 
someone who can testify that the Plaintiff ha s lived in Clark County for at least 6 weeks 
prior to the date the Complaint was filed, a certificate of attendance from the 
TransParenting class and a completed Child Support and Welfare  Party Identification 
Sheet for each parent, if applicab le, and a proposed Divorce Decree.  
At the "Prove- up" hearing the court e xpects the Plaintiff to state certain 
information for the court record including:  Plaintiffs name and address, period of 
residence, whether the facts  in complaint are true, whether the grounds for divorce 
alleged are true (usually, in compatibility), names and ag es of children, child support 
agreement or amount sought, etc. Prior to the  hearing, the Plaintiff will need to obtain a 
copy of "What You Should Do and Say at Y our Uncontested/Prove-up Hearing" from 
the Self Help Center. At the end of the Prove -up hearing, if everything is in order, the 
court will grant an absolute Decree of Divor ce and will sign the Decree. The Decree then 
must be filed with the Clerk's office. Although  the Plaintiff and the resident witness will 
have to attend court,  the hearing is very quick and the Decree is  usually signed right 
then, thus waiting for the documents to come in the mail is avoided.  
 	
Request for Summary Disposition 	
If the parties do not want to attend a Prove -up hearing, the Plaintiff may file with 
the Clerk a "Request for Summary Disposition of Uncontested Divorce" and make sure 
the following documents are in the file and dropped off at the Judge's chambers:  
  1) Complaint

2) Answer  
 3) Proof of attendance at TransParen ting Class (when minor children) for 
each parentChild Support and Welfare Pa rty Identification Sheet for each 
parent  
  4) Affidavit of Resident Witness  
 5) Copies of any separate agreemen ts regarding child custody, property 
division, e  
  6) Proposed Divorce Decree (Tab K).  
 7) Forms for these documents and detailed instructions are available at the 
Family Court Self Help Center.  	
 	
What Happens Next? 	 	
 	
Mandatory Mediation   	
Whenever there is a dispute on child cu stody, access, or visitation, the parties 
must  	
participate in mandatory mediation. (ED CR 5.70). (Tab J). Mediation can begin:  	
 (1) once both parties sign a "Stipulati on" (agreement) for mediation; or  
 (2) if one party submits a  "Request" for mediation.  	
 	
The parties can select a private mediator or use the court-affiliated "Family 
Mediation Center" which is on the first floor  of the family courthouse. If the parties do 
not do this prior to the first hearing, the j udge will usually not hear their case and will 
send them back to mediation, so it is best to do th is right away.  
A party may request an exemption from mediation if there are issues of child 
abuse or domestic violence or if a party is out  of state. If mediation does not resolve all of 
the problems in a case, the case proceeds. The Judge does not generally learn what 
happened in mediation but will be informed  as to whether mediation succeeded, failed 
and was participated in good faith.  
The parties will generally then have a h earing to determine who will be awarded 
primary physical custody or joint physical custody. The sole standard  applied by the trial 
judge is the best interest of  the child. NRS 125.480 If the cas e is not resolved, the case 
continues. The discovery process starts. The  parties are required to meet and exchange 
documents, can request documents, take deposit ions, file Motions and prepare for trial. 
Litigants should consult with an attorney.  	
Discovery and Trial 	
An event called an "early  case conference" must be held  within 30 days after the 
Answer is filed. This is the time when both pa rties, through their attorneys, or in person 
if they are representing themselves, meet  and exchange documents. A notice setting the 
conference must be prepared by the Plaintiff,  or if not completed in the proper time, 
then by Defendant. Most often  a letter is sent along with the Notice of Early Case 
Conference requesting all relevant documents.  After the meeting, the parties must file a

"Joint Case Conference Report" with the court telling the judge what happened at the 
meeting, whether there are obje ctions to resolve, and how much time is required for 
trial. If both parties cannot agree on the Ca se Conference Report, an individual one is 
filed by one party and the other party files an  objection. The Self Help Center has Joint 
Case Conference Reports that litigants may  use. A Case Conference Report MUST BE 
FILED in order to obtain a date for trial.  	
The document is also filed with the  Discovery Commissioner. The Discovery 
Commissioner is a court appoi nted Master who oversees certain items for the judges. 
The Discovery Commissioner then  issues a "Scheduling Order." This document sets a 
time frame for the case. Once this document is  issued, the court then usually issues a 
trial date.  
At this point in the case, the parties ca n perform "discovery." "Discovery" is the 
name for the process where one  party gets information from or about the other party. 
For example, if a person suspects his or  her spouse is hiding money, "Interrogatories" 
can be sent (propounded) to the  
opposing spouse asking him/her to state th e names and the account numbers of 
all bank accounts. The other side must  answer these Interrogatories, under oath. 
"Requests for Production" can be served on  the opposing party requesting copies of 
documents. Subpoenas can be served upon third parties for documents, and 
"depositions" (oral questioning before a cour t reporter, under oath) of the parties or 
other witnesses with relevant information  can be taken. Discovery can be complicated 
and it is recommended that partie s consult with an attorney.  
 	
Motions 	
Motions are very common in a family la w case. Motions may be filed with the 
Complaint or Answer or at any time thereafter. Motions ask the court to make temporary 
orders concerning who will pay the bills, have  custody of the children, or have exclusive 
use of the house pending the divorce. Some  of the most common motions are explained 
below. Child custody MUST be decided by Motion prior to trial. When asking for more 
than one Motion to be granted at a time, th e Motions are combined into one document.  
 A. Motion for Temporary Fees and Allowances  - This Motion asks the 
court tallow one side to use "community pr operty", that is, joint funds for certain 
purposes (such as, to pay attorney's fees) and/ or the right to exclusive use of the marital 
residence or a jointly owned auto mobile, while the case is pending.  
 B. Motion for Temporary Alimony  - This Motion asks the court to 
award a party temporary alimony until the co urt finally decides the case (including 
whether to award alimony on a more permanent basis).  
  C. Motion for Temporary Child Custody - This Motion asks the court 
to resolve the issue of legal and physical cu stody on a temporary basis. "Legal" custody 
is the right to be involved in decisions  involving the child such as school, travel, 
medical treatment, etc. "Physical" custody is th e right to have the child reside with a 
party at a certain time.  
  D. Motion for Temporary Child Support - This Motion asks the court 
to award child support to the parent w ho has temporary custody of the child.  	
 	
Trial

If the case cannot be settled, ultimately the case goes to trial. The trial will be in 
front of a Judge and the Judge will decide  things such as the division and value of 
community property and debt,  
alimony, child custody, and child support. On ce the case is finished, the Judge 
will state the terms of the Divorce. The prevailing party then prepares the Decree of 
Divorce for the Judge to sign .  When the litigant receives the signed Decr ee, he/she will 
file a Notice of Entry of  Decree and mail it to the opposi ng party. Child Support General 
Overview  	
Child Support is money paid by the non- custodial parent to the custodial 
parent. (Note: The "custodial parent"  is the parent who is granted primary 
physical custody.) '  	
Child custody and child support are usually deci ded at the pre-trial stage of the case and 
local rules require that all  contested family matters invol ving minor children must be 
submitted to the judge prior to the setting of a tria l date. (EDCR 5.81). If the parties have 
shared physical custody, each parent ma y have a child support obligation.  
 	
Monthly Support Formulas 	
In Nevada, either parent may be ordere d to pay temporary or permanent child 
support. Temporary support is usually only for the period during the divorce or separate 
maintenance action is pending; however, tem porary support may also be ordered in a 
protection order against  domestic violence.  
Nevada law contains specific guidelines  for the correct amount of child support 
to be awarded and is determined by statutor y formulas relating to the parent's gross 
monthly income. NRS §§ 125B.070, 125B.080. In  determining the amount of child 
support, the court considers  the following formula:  	
CHILD SUPPORT PERCENTAGE CALCULATION  	
 ♦ 1 child, 18% of gross monthly income;  
 ♦ 2 children, 25% of gross monthly income;  
 ♦ 3 children, 29% of gross monthly income;  
 ♦ 4 children, 31% of gross monthly income;  
 ♦ For each additional child, an additional 2% of the parent's gross 
monthly income is added.  	
 	
The minimum amount of support that w ill be awarded is $ 100.00 per month, per 
child, regardless of income ( unless there is a specific order from the court stating 
otherwise). The maximum amount of support  that will be awarded is subject to a 
presumptive maximum.  	
THIS PRESUMPTIVE MAXIMUM SCHEDULE ONLY APPLIES AFTER 
CALCULATION OF PERCENTAGE IF GREATER THAN $500.00 PER MONTH 
PER CHILD:  	
Atleast 	Notgreaterthen	MaximumAmount/child	
$0  	$4,235  	$530  	
$4,235  	$6,351  	$583  	
$6,351  	$8,467  	$637

$8,467  	$10,585  	$689  	
$10,585  	$12,701  	$742  	
$12,701  	$14,816  	$795 	
 
If the parent's gross monthly income is greater then $14,816, the presumptive maximum 
will be $849.  	
A court may change the amount of support from the formula, (even lowering it 
below the minimum or raising it above the ma ximum) after having made special findings. 
The Court will take into c onsideration the following:  
 1) The cost of health insurance for the child;  
 2) The cost of child care;  
 3) Any special educationa l needs of the child;  
 4) The age of the child;  
 5) Any responsibility of the pa rents for the support others;  
 6) The values of services contributed by either parent;  
 7) Any public assistance paid  to support the child;  
 8) Any expenses reasonably relate d to the mother's pregnancy and 
confinement;  
  9) 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;  
  10) The amount of time the child  spends with each parent;  
 11) The relative income of both parents; and  
 12) Any other necessary expenses  for the benefit of the child.  	
 	
How Long Does The Obligation To Pay Child Support Last? 	
Generally, child support must be paid  until the child reaches 18 years of age. 
However, if the child is still in high sc hool, child support will continue until the child's 
graduation from high school or the child's 19	
th 
birthday, whichever oc curs first. If the 
child is disabled, child support may continue unt il the child is self-sufficient. If the child 
becomes emancipated or is adopted by another  parent, child support will end at that time.  	
 	
Can An Order For Child Support Be Changed? 	
YES, under two situations:  
 1) The court must review the child  support ordered every 3 years at the 
request of either parent; and  
  2) The court will review the amount of  child support ordered if there has 
been a change in circumstances. (Examples of "change of circumstances" would be the 
loss ofa job, a new job which pays more or less than the old job.)

How Can An Order For Child Support Be Enforced ? 	
A valid child support Order containing a provision for wage assignment, may 
be enforced against a non-custodial parent w ho is more than 30 days delinquent in any 
portion of the payments, and working in the State of Nevada, by submitting a Wage 
Assignment Notification and a copy of the ch ild support order directly to the employer. 
(Tab M)  
Also, a custodial parent may seek to en force the child support order by filing a 
Motion for an Order to Show Cause. This motion requires a noncu stodial parent to 
explain to the Court why he or she should not be found in contempt of court for failing to 
pay child support. The Court is asked to en force the child support order by the filing a 
motion with the court setting out the facts that demonstrate the other party's failure to 
obey court's child support order. This is usually done by showing a court a log of \
all 
child support payments paid and missed.  
Another way to enforce child support is  to ask the Court to issue a wage 
attachment order. NRS 125.450(2). If a non-cu stodial parent is more then 30 days 
overdue on child support payments, the Court  will issue an order garnishing his or her 
wages, so that payments will be withheld from his or her paycheck and sent directly to 
the custodial parent . If the non-custodial pa rent has income from other sources (such as 
rent, royalty or interest payments) the court  may order an attachment of this income to 
pay child support. In addition, the court may gr ant a lien on the noncustodial parent's real 
or personal property that requir es that the proceeds of the sale of any such property be 
secured to pay his or her overdue child suppor t obligations. (The lien must be recorded.) 
The Court may also order the interception of  the non-custodial parent's tax returns.  
The Clark County District Attorney Fa mily Support Division will assist the 
custodial parent in obtaining child support  by these and other methods. They may help 
locate a missing non-custodial parent and can  process out-of-state support payments on 
behalf of the custodial parent.  
 	
Child Custody 	
There are two distinct types of child  custody in Nevada: Legal Custody and 
Physical Custody. There is a presumption that  Legal Custody will be "joint." This means 
that both parents are entitled to school record s, medical records, access to extra-curricular 
events and activities and to provide influenc e in the rearing of the child. If a parent 
requests "sole" legal custody, that  parent will need to prove to the court that there is a 
sufficient reason to deny joint legal custody.  In addition, the court must also make a 
specific finding that joint custody is not  appropriate. A parent seeking "sole" legal 
custody has a heavy burden of proof.  
Physical custody is what most parents litigate. Physical custody determines 
where the child will reside on any given day. There are several possibilities for physical 
custody: Primary Physical Custody to Dad, Prim ary Physical Custody to Mom, Shared or 
"Joint" Physical Custody  (thus the confusion), or Sole  Physical Custody (generally only 
granted if the court grants Sole Legal Cu stody). Nevada law requires that physical 
custody schedules be specific enough to be en forced. Thus, parties would avoid language 
such as "every other weekend" in favor  of more specific language as "the I	
s
' and 3' 
weekends of each month from Friday at 6:00 p.m. through Sunday at 6:00 p.m."

Legal Separation/Separate Maintenance 	
In Nevada, a Decree of Separate Maintenance is available wherein all the issues 
discussed above(child custody,  support, property settlement, etc.) are addressed but a 
divorce does not occur. This  may be an alternative when the parties want to remain 
married to each other but live apart while  resolving the issues concerning children, 
property, alimony, etc. There is debate  regarding the effectiveness of a  
Decree of Separate Maintenance as to  future debt obligations. Litigants are 
encouraged to consult with an attorney. This  class does not cover this issue but the Self 
Help Center does have the forms available.  
In Nevada, a period of legal separation is not required prior to a divor\
ce. Legal 
Separation Agreements are primarily used befo re a case is filed and are contracts setting 
forth the agreements of the parties.  
 	
Your Family Court Hearing. 	
If you have a hearing in the Family C ourt and are representing yourself, you will 
have a better chance of success if you prepare  as much as possible. One of the best 
methods to prepare yourself for a family c ourt hearing before a certain judge is to 
observe the Judge and how people behave in  the courtroom before your hearing date. 
Courtroom proceedings are generally open to th e public so attend a hearing prior to your 
own court hearing. By attending this open  hearing in advance of your hearing, you will 
be able to observe the Judge's reaction to certain arguments and to the behavior of 
lawyers and witness how other individuals re present themselves. Consider hiring an 
"unbundled" attorney to appear wi th you at your court hearing.  
If you have a hearing set in the Family Court, you should check the monitors as 
you walk in. They list each case, the tim e the case begins, and the number of the 
Department.  
Dress appropriately . Many people do not realize that  Court is formal. Wear a 
suit or dress slacks. Sneakers, T-shir ts, and tank tops are prohibited.  
Be on time. People who are late often lose be cause they are not there and the 
Judge assumes they do not wish to contest the case.  
Order of speaking . The person who filed the Complaint or Motion begins. The 
person should present his case in five minutes  or less. You should always start with the 
most important issues. When the Plaintiff  has finished explaining the reasons why he 
should be granted the relief requested, the J udge will then allow the Defendant to speak. 
Always address the Judge; do not address the  other side. This is not the time to argue 
with the opposing side. This is the time to impress the Judge with your logic and you 
will not do this by showing the Judge  how easily you lose your temper.  
Protocol. If you are going to give the Judge c opies of something, you must give a 
copy to the other party as well.  Never leave the table. If you want to give the Judge a 
copy of a document, give it to the Baili ff and he will give it to the Judge.  
Concluding. All parties should clearly state what they want at the end of their 
argument. For example, a party who wants  guardianship of a minor should say: "In 
conclusion, Your Honor, I would like

custody of the children until our divorce is final with my husband having 
visitation every weekend and paying child s upport as the law requires." Clearly stating 
what you want helps the Judge make a decision.  
Obey all court orders . A Judge's Orders, unless reversed on appeal, are lawful 
and must be followed even if you don't agr ee with them. If you ignore a court order the 
Judge could hold you in c ontempt of Court.