Can You File Your Custody Case in Nevada?

When determining child custody - Nevada judges are required to make decision which are in the best interests of the children. As in most states, the Nevada legislature has set out several factors which a judge is required to consider when determining what custody arrangement would be in the best interests of the children. These factors include: the wishes of the child (if the child is of sufficient age), the needs of the child, the ability of each parent to meet those needs, the relationship between that child and any siblings, any instances of domestic violence, whether there has been any instance of parental abduction of the child, and whether a parent will cooperate in allowing the ...

This will vary greatly based on the cooperation of both spouses and how much the spouses agree upon. If parties are in total agreement, this can be handled in a few weeks. If you are not in agreement at all and need to go to a custody trial - this will greatly prolong the matter, expect a matter of months, at least. If you need temporary custody orders issued to span the time between divorce filing and final determination - you may be able to have temporary orders set within about a month of the initial filing.

The length of the divorce will vary greatly based on the cooperation of each spouse and the compexity of issues being handled. An uncontested divorce is the quickest option - this may be concluded in just a matter of weeks. A contested divorce will take some months, longer if the property division is complex.

You and your spouse are entitled to a trial on the issue of child custody if you cannot reach an agreement otherwise. A custody trial will give each spouse the opportunity to present testimony, evidence, and witnesses related to the determination of child custody. After hearing from both sides, the judge presiding over the trial will determine how custody should be ordered based on the best interests of the children.

The court will determine the amount and duration of alimony payments based on what it determines to be just and equitable. Several factors will be considering in making this determination. These factors include: the duration of the marriage, the standard of living enjoyed by the couple during the marriage, the financial condiiton of each spouse, the income, earning capacity, age, and health of each spouse, the existence of specalized education or training attained by each spouse during the marriage, and the value and amoutn of property each spouse is recieving. You can use our spousal support calculator to determine an estimate of how much spousal support could be.

If you started the business during the marriage - yes. A business started during the marriage will be treated as a community property asset and each spouse will be entitled to 50% of the value of that business. However, if you brought the business into the marriage - it may be treated as seperate property. In that case, your spouse will only be entitled to 50% of the money earned by that business during the marriage. Often couples reach an agreement where one spouse keeps the business and the value owed to the other spouse is offset by division of other assets.

Typically, you will owe your spouse the value of 50% of your pension that was earned during the marriage. If you wish to retain the entirety of your pension - you will need to reach an agreement where this owed value is offset by other assets. For example, if your spouse would be entitled to $100,000 of your pension and you jointly own a home valued at $200,000 - you can choose to allow your spouse to retain the entirety of the value of this home, in exchange for keeping your entire pension.

If only one party wants to keep possession of a joint residence - this can easily be ordered by a judge. If the home you wish to retain possession of is community property - you will be responsible for compensating the other spouse for 50% of the value of that residence. This can be offset by that spouse recieving a greater portion of liquid assets or a larger portion of community property retirement funds. If both parties are fighting to keep possession of a home - this will be more difficult. The issue will need to be decided by a judge. If children are involved, the court will consider which parent remaining in the home would be in the best interests of the children.

No, in Nevada you cannot file a custody case until the child is born. However, if you expect a battle to ensue - you can set yourself up for the easiest path forward by filing a 'Paternity Action' to establish that you are the father of the child. You may also request a DNA test to be done if there is doubt that the child is yours. Having an established paternity claim will make your custody battle simpler, once the child is born.