Step 5: Figuring out the major issues
Property division
Being a community property state, Nevada considers all the property that your spouse and you acquire during your marriage such as your home, personal property and income as community property and this is divided between your spouse and you equally. Any debts that are acquired during the marriage are also divided equally.
However, if your spouse and you have an agreement on how the property will be divided, then you can give your proposal to the court and if you believe it to be fair, then you need not divide the property exactly equally. Any property will remain as the separate property of the party who has acquired it if the property was got before marriage, after the separation date or was inherited or received by bequest during the marriage.
Spousal Support
One of the spouses may have to provide alimony to the other spouse after the divorce and there are many factors that will be considered by the judge before the alimony amount is decided.
Factors such as whether one spouse has contributed towards the education or the job training of the other spouse, if the spousal support awarded is equitable and just and if one spouse requires additional education or training for the purpose of a job.
The amount of alimony can be altered if the income of the spouse paying alimony changes by 20% or more. In the case the spouse receiving alimony remarries or one of the spouse dies, then the alimony stops, unless the court has directed otherwise.
Child Custody
When making any decisions regarding child custody, the court will consider the best interests of the child. The court will order sole custody to one parent or joint custody to both the parents after considering various factors such as:
- Wishes of both parents and the child
- Ability of parents to cooperate and take care of the child together
- Child’s emotional requirements and physical development.
- Child’s relationship with both parents.
- Child’s adjustment to the home, school and community since the divorce of parents.
- Parent who is likely to allow contact frequently with the parent who does not have the custody of the child.
If any parent wants to modify the child custody order, the parent asking for modification needs to show that the circumstances have changed significantly.
Child Support
The child support obligation per month is determined by the Nevada court on the income of the noncustodial parent. Apart from the income, the court will also consider other factors like childcare, education cost, medical cost and health insurance and adjust the child support amount to accommodate these expenses.
Usually, $100 is the minimum amount for child support per child. The Division of Welfare and Support Services of Nevada regulates children’s welfare in the state and can help you in opening a child support case.