Findings Of Fact Conclusions Of Law And Decree Of Divorce (With Children) Form. This is a Nevada form and can be use in Washoe County.
Tags: Findings Of Fact Conclusions Of Law And Decree Of Divorce (With Children), 1745, Nevada County, Washoe
1 Code: 1745 2 Name: ____________________________________ Address: ___________________________________ ___________________________________ Telephone No. ______________________________ Appearing in Proper Person 3 4 5 6 IN THE FAMILY DIVISION 7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF WASHOE 9 10 11 ________________________________________ Plaintiff, vs. Case No. ________________________ Dept. No. _______________________ 12 13 ________________________________________ Defendant. _______________________________________________/ 14 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF DIVORCE WITH CHILDREN 15 16 17 This matter having been submitted to the Court by Plaintiff, appearing in proper person, for a Default Decree, and 18 An Affidavit of Resident Witness having been filed on behalf of Plaintiff, and 19 Defendant having been duly served as follows: 20 Initial only ONE of the following statements. Print N/A in the other space not initialed. 21 __________ Defendant was personally served with a copy of the Summons and Complaint, 22 23 and the Return of Service has been filed with the Court. 24 25 __________ Defendant was served by publication and the Proof of Publication has been filed with the Court. 26 Defendant, having filed no response or answer to the Summons and Complain, and 27 A Default having been taken against the Defendant, and 28 /// Revised 2005 1 American LegalNet, Inc. www.FormsWorkflow.com 1 This Court having reviewed all documents and finding them in order, and being fully 2 advised and for good cause shown, enters this Findings of Fact, Conclusions of Law and Decree of 3 Divorce. FINDINGS OF FACT 4 7 The parties were married on _____________________________________________, (Date of marriage) in ____________________________________________________________, and Plaintiff has (Place of marriage) been physically present in the State of Nevada for a period in excess of six weeks prior to filing this 8 action, and plans to continue to make Nevada his/her home for an indefinite period of time. 5 6 1. 9 2. 10 3. 11 The parties are incompatible in marriage and reconciliation is not possible. There are __________________ minor child(ren) of the marriage, namely: (Number or children) NAME DATE OF BIRTH 12 _________________________________________________ __________________________ 13 _________________________________________________ __________________________ 14 _________________________________________________ __________________________ 15 _________________________________________________ __________________________ 16 _________________________________________________ __________________________ 17 18 4. The child(ren) ___________ residents of the State of Nevada and the State of Nevada (are or are not) ____________their habitual residence. (is or is not) 19 20 21 5. This Court _______________ have jurisdiction to enter custody and visitation orders (does or does not) regarding the minor children. 22 If this Court does have jurisdiction, initial Paragraph 6. If this Court does not have jurisdiction to enter custody and visitation orders, print N/A in Paragraph 6. 23 24 25 26 27 28 6. __________ The custody and visitation provisions as set out in the Complaint are in the best interests of the child(ren). 7. This Court _____________ have jurisdiction to enter child support orders regarding (does or does not) the minor children. Revised 2005 2 American LegalNet, Inc. www.FormsWorkflow.com 1 If this Court does have jurisdiction to enter child support orders, Paragraphs 8 and 9 MUST BE FILLED IN. If this Court does not have jurisdiction to enter child support orders, print N/A in the spaces for Paragraphs 8 and 9. 2 3 4 5 8. _______________________________has a child support obligation of __________ (Plaintiff or Defendant) (Statutory percentage) 6 his/her gross income or a minimum of ONE HUNDRED DOLLARS per month per child. 7 8 9. This Court finds that a deviation _______________appropriate in this case because: (is or is not) 9 ________________________________________________________________________________ 10 ________________________________________________________________________________ 11 12 10. The community assets and community debts are addressed in Plaintiff’s Complaint. 13 11. The issue of spousal support is addressed in Plaintiff’s Complaint. 14 CONCLUSIONS OF LAW 15 The Second Judicial District Court of the State of Nevada, in and for the County of Washoe, 16 has jurisdiction over all matters and parties in this case to enter this Decree of Divorce. 17 18 The Second Judicial District Court of the State of Nevada ___________________ the initial (has or does not have) and continuing jurisdiction under the UCCJA, UCCJEA and PKPA to issue orders concerning the 19 care, custody and control of the minor child(ren). 20 21 The Second Judicial District Court of the State of Nevada ________________________ the (has or does not have) jurisdiction to enter orders concerning child support of the minor child(ren). 22 DECREE OF DIVORCE 1. 23 Plaintiff is hereby granted a final Decree of Divorce on the grounds of 24 incompatibility and the bonds of matrimony now existing between the parties are hereby dissolved, 25 and each of them is restored to the status of an unmarried person. 2. 26 The distribution of community assets and community debts as set forth in the 27 Complaint is hereby affirmed. 28 /// Revised 2005 3 American LegalNet, Inc.Inc. American LegalNet, www.FormsWorkflow.com www.FormsWorkflow.com 1 Initial EITHER 3(a) or 3(b). Complete only ONE of the provisions and print N/A in the other space not initialed. 2 3 4 3(a). __________ No spousal support is appropriate in this matter; therefore, no spousal support shall be ordered. 5 OR 6 3(b). __________ 7 for a period of __________ ( 8 _________________________________, 20_______, is hereby awarded to Plaintiff. 9 ) months ( ) years starting on the _______ day of Initial EITHER 4(a) or 4(b). Complete only ONE of the provisions and print N/A in the other space not initialed. 10 11 Spousal support in the amount of $___________________ per month 4(a). __________ The custody and visitation provisions concerning the minor child(ren) 12 set out in Plaintiff’s Complaint are hereby affirmed and incorporated into this Decree as though 13 fully set forth. 14 15 16 OR 4(b). __________ custody and visitation of the minor children. 17 Initial EITHER 5(a) or 5(b). Complete only ONE of the provisions and print N/A in the other space not initialed.. 18 19 This Court does not have the jurisdiction to enter orders regarding the 5(a). __________ Defendant is hereby ordered to pay ongoing child support in the 20 amount of $_______________ per month per child, for a total of $______________ per month, 21 said child support obligation to continue for each child until the child reaches the age of 18 years or 22 is otherwise emancipated. However, if the child is still attending high school when reaching the age 23 of 18 years, the obligation shall continue until that child reaches the age of 19 years or graduates 24 from high school, whichever occurs first. The child support shall be due and owing on or before the 25 _______ day of each month. This Court retains jurisdiction to establish any arrears that may be due 26 and enter a judgment thereon. 27 28 OR 5(b). this time. Revised 2005 __________ This Court does not have jurisdiction to enter child support orders at 4 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 6. A wage assignment _________________ immediately issue for the ongoing support (shall or shall not) obligation. 7. _________________________ shall maintain the health insurance on the child(ren). (Plaintiff or Defendant) 4 5 Any health expenses incurred on behalf of the children that are not covered by the insurance shall 6 be equally shared between the parties. 7 PENALTY FOR VIOLATION OF ORDER 8 THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF 9 THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 10 193.230. NRS 200,359 provides that every person having a limited right of custody to a child or 11 any parent having no right of custody to the child who willfully detains, conceals or removes the 12 child from a parent, guardian or other person having lawful custody or a right of visitation of the 13 child in violation of an order of this court, or removes the child from the jurisdiction of the court 14 without the consent of either the court or all persons who have the right to custody or visitation is 15 subject to being punished for a category D felony as provided in NRS 193.130, and that the terms of 16 the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference 17 on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign 18 country. 19 20 Fill in Paragraph 8 ONLY if Plaintiff is the Wife and wishes to return to her former name. If Plaintiff is the Husband or if the Wife does not wish to return to her former name, print N/A in the space. 21 22 8. Plaintiff is hereby restored to her former name of ____________________________ 23 ____________________________________________________. 24 THIS IS A FINAL DECREE. 25 26 DATED this _______ day of __________________________, 20______. 27 ____________________________________________ DISTRICT JUDGE 28 Revised 2005 5 American LegalNet, Inc. www.FormsWorkflow.com