Dempsey, Roberts & Smith, Ltd.
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Family Law

Annulment

An annulment voids a marriage. This means that once an annulment is granted the parties were never legally married.

There are two main requirements to file for an annulment. The first requirement is that one spouse must have lived in Nevada for at least six weeks prior to filing or the spouses must have been married in the state of Nevada. The second requirement is that the spouse filing for an annulment must have the proper grounds for annulment.

Divorce

A spouse may obtain a divorce in Nevada if that spouse has a statutory ground for divorce and has lived in Nevada for at least six weeks prior to filing.

There are three main statutory grounds for divorce: (1) Incompatibility, (2) Insanity for two years prior to the action, and (3) Spouses living separate and apart for more than one year.

Custody

There are two types of custody: (1) legal custody and (2) physical custody. Legal custody refers to a parent's ability to make decisions about important issues that affect his/her child such as: medical, educational, and religious issues. Physical custody determines where the child will reside on any given day.

The judge’s sole concern in deciding custody of a child is the best interest of the child. There is no presumption that one parent is better than another.

Child Support

Child support is the financial obligation owed by the noncustodial parent to the custodial parent. The custodial parent is the parent who has physical custody of the child the majority of the time. The noncustodial parent is the parent who has physical custody of the child the least amount of time.

Nevada law contains specific guidelines that determine the correct amount of child support to be awarded. Child support must be paid until the child emancipates.