An individual who is facing divorce proceedings because his or her spouse has filed may wonder about how much say the court will have in the final details. It is important to recognize that the court typically prefers that issues be negotiated between the parties. However, when this is not possible, there are specific areas that will be decided as needed, including temporary orders and issues.
Property and debt issues can be addressed and decided by Nevada courts during divorce proceedings. This includes community property and debts as well as those that are deemed to be separately owned. Prenuptial agreements may be considered, but they can be overturned if it is found, for example, that one party was coerced into signing it. Alimony issues may be decided by the court as well, and consideration will be given to a variety of factors, including the duration of the marriage, the financial condition of each spouse, time out of the workforce, and similar issues affecting need for spousal support or ability to provide such support.
Child support and custody can also be decided by the court although it is preferable for parents to reach an agreement for time-sharing schedules. Support is based on a non-custodial parent's monthly income with a minimum monthly obligation of $100 per child in most cases. Certain factors will contribute to adjustments of this amount, including health insurance, day care, and a non-custodial parent's obligations to other children.
A parent who has been served with divorce papers may worry that the other spouse will have an advantage in these areas as the action proceeds. It may be important to contact a lawyer to evaluate the action in order to formulate a response.
Source: State Bar of Nevada, "Divorce", October 03, 2014