| FAQ Regarding Divorce |
1. What is involved in starting the process for a divorce or dissolution?
The first step would be the filing of a properly executed petition with the appropriate court.
The court must have what is called subject-matter jurisdiction which would entail satisfying
the requirements of residency or domicile within the state and county dictated by the
statute. In Nevada the time period is six weeks. Without this threshold requirement being
met the court would not have the jurisdiction to hear the matter and execute an order or
decree of divorce, or dissolution, or like orders terminating the marital state.
2. How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw
emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody
determination in which the parties have been able to set aside personal differences to
reach the goal of what is best for the children involved. Most parents pay lip service to this
ideal, but often cannot reach it in actuality.
Most often a judge will take great pains to get parents themselves to come to a mutually
acceptable custody agreement if that is possible. A decision made by a stranger is rarely
completely acceptable to all if the attempt has not been made in earnest. The family court
systems of the states usually have several layers of counseling, mediation and conciliation
to attempt to bring warring parents together for the purpose of resolving the issue of what it
is in the best interests of their children.
3. What about visitation?
Generally a court will grant reasonable visitation rights to a parent unless it is shown that
the visitation will be detrimental to the best interests of the child. A non-parent can in the
discretion of the court also be granted visitation if they have an interest in the welfare of the
child, this is generally divided into the area of grandparents, step-parents and other
non-parents. It should be noted that this is discretionary. The court may also approve
visitation plans and restrictions considering factors relevant to the best interests of the child.
4. How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the non-custodial parent who has
had visitation rights frustrated. The non-custodial parent can commence an action to show
cause concerning contempt for violating the court's order pertinent to visitation. This is not
a favored alternative. The court also has power to modify support, yet this works a hardship
on the welfare of the child and is similarly not favored-Another alternative is to ask the court
to require the custodial parent to post a monetary bond, which would be forfeited if the
custodial parent frustrates visitation. Usually a history of frustration of visitation is the
threshold which must be shown the court, not a sole incident.
5. What is child support?
Child support is a payment by one parent (often the non-custodial parent) to the other
parent for the support of their common child. It is in the best interest of a child for both
parents to be obligated to pay for the support of their child. An order for child support
transfers the income/wealth from one parent to the other so that the combined
incomes/wealth of both parents is available to use for the support of the child.
6. What is child support used for?
Child support covers everything a child needs, and even more, during the growth and
formative years. Keep the following in mind:
A parent's first and principal obligation is to support his or her minor children according to
the parent`s circumstances and station in life; and
Children should share in the standard of living of both parents. Thus, the amount of a child
support award is more than a question of bare necessities.
7. Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order
for support is usually payable on a monthly basis. Many states now require that child
support be paid by wage assignment (automatic deductions from the paycheck) whenever
available, thus reducing the need for subsequent enforcement actions.
8. When can a Child Support Order be Changed or Modified?
An order for child support can be changed or modified any time there is a material change
in circumstances from the time that the existing child support was issued. A material change
in circumstances can take many forms. The change can be the result of changes in the
parent`s financial situation - such as appreciable difference in the amount of income
earned, loss of a job, a large inheritance, or a change in the amount of time spent with the
child. The material change in circumstance can be the result of a new situation for the child
- such as large medical expenses, need for special education, or other unexpected
requirements. A child support payment could be modified by stipulation between the
parents (as long as guideline support factors have been accounted for) or by a noticed
court hearing.
9. How long must Child Support be Paid?
The duration of this responsibility depends upon state law. All states require both parents
to be financially responsible for their child during the child`s minority, generally through the
child`s high school years. A few states have extended the time for financial responsibility
beyond the minority of the child. Child support can be terminated in the event of the death
of the child, if the child goes on active duty in the armed forces, or if the child becomes
emancipated or self-supporting.
The first step would be the filing of a properly executed petition with the appropriate court.
The court must have what is called subject-matter jurisdiction which would entail satisfying
the requirements of residency or domicile within the state and county dictated by the
statute. In Nevada the time period is six weeks. Without this threshold requirement being
met the court would not have the jurisdiction to hear the matter and execute an order or
decree of divorce, or dissolution, or like orders terminating the marital state.
2. How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw
emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody
determination in which the parties have been able to set aside personal differences to
reach the goal of what is best for the children involved. Most parents pay lip service to this
ideal, but often cannot reach it in actuality.
Most often a judge will take great pains to get parents themselves to come to a mutually
acceptable custody agreement if that is possible. A decision made by a stranger is rarely
completely acceptable to all if the attempt has not been made in earnest. The family court
systems of the states usually have several layers of counseling, mediation and conciliation
to attempt to bring warring parents together for the purpose of resolving the issue of what it
is in the best interests of their children.
3. What about visitation?
Generally a court will grant reasonable visitation rights to a parent unless it is shown that
the visitation will be detrimental to the best interests of the child. A non-parent can in the
discretion of the court also be granted visitation if they have an interest in the welfare of the
child, this is generally divided into the area of grandparents, step-parents and other
non-parents. It should be noted that this is discretionary. The court may also approve
visitation plans and restrictions considering factors relevant to the best interests of the child.
4. How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the non-custodial parent who has
had visitation rights frustrated. The non-custodial parent can commence an action to show
cause concerning contempt for violating the court's order pertinent to visitation. This is not
a favored alternative. The court also has power to modify support, yet this works a hardship
on the welfare of the child and is similarly not favored-Another alternative is to ask the court
to require the custodial parent to post a monetary bond, which would be forfeited if the
custodial parent frustrates visitation. Usually a history of frustration of visitation is the
threshold which must be shown the court, not a sole incident.
5. What is child support?
Child support is a payment by one parent (often the non-custodial parent) to the other
parent for the support of their common child. It is in the best interest of a child for both
parents to be obligated to pay for the support of their child. An order for child support
transfers the income/wealth from one parent to the other so that the combined
incomes/wealth of both parents is available to use for the support of the child.
6. What is child support used for?
Child support covers everything a child needs, and even more, during the growth and
formative years. Keep the following in mind:
A parent's first and principal obligation is to support his or her minor children according to
the parent`s circumstances and station in life; and
Children should share in the standard of living of both parents. Thus, the amount of a child
support award is more than a question of bare necessities.
7. Who can be ordered to pay it?
A court can order either parent of a child to pay support to other parent. The court order
for support is usually payable on a monthly basis. Many states now require that child
support be paid by wage assignment (automatic deductions from the paycheck) whenever
available, thus reducing the need for subsequent enforcement actions.
8. When can a Child Support Order be Changed or Modified?
An order for child support can be changed or modified any time there is a material change
in circumstances from the time that the existing child support was issued. A material change
in circumstances can take many forms. The change can be the result of changes in the
parent`s financial situation - such as appreciable difference in the amount of income
earned, loss of a job, a large inheritance, or a change in the amount of time spent with the
child. The material change in circumstance can be the result of a new situation for the child
- such as large medical expenses, need for special education, or other unexpected
requirements. A child support payment could be modified by stipulation between the
parents (as long as guideline support factors have been accounted for) or by a noticed
court hearing.
9. How long must Child Support be Paid?
The duration of this responsibility depends upon state law. All states require both parents
to be financially responsible for their child during the child`s minority, generally through the
child`s high school years. A few states have extended the time for financial responsibility
beyond the minority of the child. Child support can be terminated in the event of the death
of the child, if the child goes on active duty in the armed forces, or if the child becomes
emancipated or self-supporting.
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