If you have children under the age of 18 with your current spouse, and the children reside in Nevada with you, they must have resided in the state for a minimum of six months before Nevada District Court Family Division will take jurisdiction over them, in the event of a divorce. There is some confusion over this because you, as a party to the divorce, are considered a Nevada resident after living here consistently for six weeks and you can file a divorce at that point.
At the six-month mark, Nevada is considered the “home state” of the children and the Court will pass rulings on physical custody, visitation, and child support.
What prevents the court from taking jurisdiction over the children until they have lived here for six months is the Uniform Child Custody Jurisdiction Act (UCCJA). If you are able to show an emergency as defined by Uniform Child Custody Jurisdiction Act, a Nevada judge could make a ruling over your child(ren) who have resided in Nevada for less than the required six months.
You’ll find much incorrect information surrounding how to establish residency for a Nevada divorce, or a Nevada annulment while browsing online. 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.
Do I have to change my driver’s license to Nevada before I sign my Nevada divorce documents? The term, legal residence, applies to the place a person spends most of his or her time and is the home that is recognized as yours by law.
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.
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. 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.
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. 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.
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.
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.
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. Are you having an unusually difficult time with your divorce because it’s also the holiday season? 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. 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.
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. 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.


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. First off, you should understand the difference between sealing and not sealing your divorce 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. 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. 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. Because Nevada is a community property state, the name under which the asset is held is not determinative of who has an interest in that asset. What is important is whether that asset was purchased during marriage and what source of funds were used to purchase that asset. And of course, if you have a pre-nuptial, or post-nuptial agreement that addresses all of this, then what we say here does not pertain to you. Let’s say you purchased your home before the marriage and once married, you make the mortgage payments from a joint account. Once married, the couple opens a joint bank account and makes the mortgage payment with funds from that account. The same goes with any other property purchased after the marriage, such as a car or fine art, or jewelry. John has the car registered in his name only because it was just easier at the time, Mary having been out of town.
When they divorced, John gave Mary $10,000 to compensate her for her share of the car which could have been sold for $20,000 at the time of the divorce.
If you keep ownership of real, or other, property and bank accounts separate and don’t use community funds to augment them or to pay for maintaining them, such as maintaining a house you owned before the marriage,  then said property and accounts will remain your separate property.
The parties share any debt entered into during the course of the marriage, no matter whose name the debt was entered into.
We find that commingling of funds, mixing separate property with community property, transmutation such as say, John paying to fix the house his mother gave him with funds in a joint account, and creating joint accounts with your spouse, are the usual ways separate property becomes community property.
Regarding transmutation, there is a presumption that when you donate separate property to community property that it is a gift.
The bottom line is that Nevada is not a title state but a community property state.  For the purposes of a divorce, a community is like a partnership with each party reaping benefits for both partners or incurring debt for both of them. You’ll find much incorrect information surrounding how to establish residency for a Nevada divorce online. We create the affidavit, notarize, and file the resident witness affidavit as a part of our Nevada divorce service to you.
The term, legal residence, applies to the place a person spends most of his time and is the home that is recognized by law. When a Complaint for Divorce is filed in Family Court in Nevada and the other party responds by filing an Answer and Counterclaim, the first thing Family Court does is set a mandatory Case Management Conference (CMC). Not every family court judge handles the Case Management Conference the same way, just know that the first four items on the list below are things that usually do happen, and the last four items are things that might  or might not happen. If you have children the Judge is required to send you to mandatory mediation in order to try to formulate a parenting plan with the help of one of the Court’s counselors, therapists or mediators. NOTE: To speed up your case, you can submit a request for mediation right after an Answer and Counterclaim is filed.
Item #4: There is a mandatory initial disclosure of witnesses and exchange of documents between the Plaintiff and Defendant.
Also, the names, numbers, addresses, and expected testimony of witnesses must be disclosed. Item #1: Some Judges will, even if no motion has been filed by either party, make temporary orders during the Case Management Conference.
These include orders for temporary custody, visitation, child support, alimony, exclusive possession of the home or car, etc. Item #2: Another discretionary item the judge might address is misbehavior of the parties during the period of time leading up to the case management conference. Item #3: A third discretionary item judges may address at the Case Management Conference is whether to send the parties to a settlement judge or financial mediator to work out the division of debts and liabilities before the Judge actually sets the case for trial. Item #4: Finally, the case management conference is used by some judges to try to settle as many issues as possible right then and there. After the Case Management Conference, the Court will prepare an Order setting forth what was discussed and any dates for future hearings including the divorce trial, if applicable. Did you move to Nevada with your minor children less than six months ago and are now divorcing? If so, Family Court here can make an exemption to the six-month residency rule in a Nevada divorce and the residency of minor child. In order to protect your children’s rights and your own rights, you should retain a highly-experienced family law attorney well-versed in divorce and child custody law. 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. However, we are working for you and not for DMV so if you provide us with sufficient photo identification and evidence that you actually now reside in Nevada we will notarize your signature reminding you that you are under oath.


You are now facing a divorce with 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. There are no assumptions anymore once a divorce has been filed by either of you, even if you filed a joint petition divorce.
The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court. The most important reason for you to take the COPE class is certainly for the well-being of your children. Taking the COPE class helps you help your child through your divorce in a way that will minimize stress.
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. 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. You most likely will not be getting a gift from your spouse or be gifting him or her either. 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. We are social creatures and even when feeling low, we derive comfort from being around others. For example, in Nevada, parties to a divorce or separate maintenance cannot agree to lump sum child support. After six months has elapsed, the parties’ only option if they wish to reconcile is to get married again.
Only attorneys have access to a paid service through which they can see full pleadings online. If you live in Nevada, this would give your spouse a right to half of any equity increase in the home since the date of the marriage. If one of you makes considerably more money than the other party and money has been put away in that party’s sole bank account, the spouse would still be entitled to half of those savings, in most cases. For example, John’s mother passed away two years into the marriage and left him a house owned by her free and clear, of a value of $200,000.
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.
This sets the case on either a litigation track, meaning a trial date will be set, or final resolution during the Case Management Conference itself.
This give the Judge a financial picture of the parties which will help the Judge administer the case. So this is item number 1 and the Judge could sanction you if you do not have this document completed and filed at the time of the hearing.
The Judge will then set a date about 1-2 months from then for you to come back court to ask if either a partial or full parenting plan has been agreed upon between you and your spouse. This way, perhaps you can have your return from mediation hearing at the same time as your case management conference. One main reason for the CMC is to move the case along as the Judges want to be able to conclude the case within a year after it has been filed.
You obviously list your spouse, but also be sure to add teachers, accountants, friends, coaches, and any other individual you might want to later call as a witness. Whether there has been a violation of the joint preliminary injunction, interference with visitation, refusal to pay bills, overspending, threats or abuse, etc.
This can be a good thing if it helps in the case, but if it does not,  it could delay your eventual trial date. The Judge will sometimes either resolve the entire case during the CMC,  or just set the matter down for a hearing on one or two issues, like the amount of support, or the division of the personal property. 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. 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. 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. 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?
This article assumes that you live in Nevada and do not have a pre-nuptial, or post-nuptial, agreement.
Before the equity would be distributed to you and your spouse, however, your down payment would be returned to you. No community assets were ever used for upkeep as John’s mother also left him some money for that purpose. Therefore, the Judge will want to know how long the parties need for Discovery and when can they, or their lawyers, will be ready for trial. The rule is that if you don’t disclose the document up front, you cannot use it later at a hearing. Were there acrimonious affidavits filed by you or your spouse and you wish to keep those private?



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