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Joint Petition For Summary Decree Of Divorce (With Children) Form. This is a Nevada form and can be use in District Court Statewide.
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Tags: Joint Petition For Summary Decree Of Divorce (With Children), Nevada Statewide, District Court
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Code:____________________
Wife’s name:________________________
Address:___________________________
__________________________________
Telephone:_________________________
Husband’s name:______________________
Address:_____________________________
____________________________________
Telephone:___________________________
In Proper Person
IN THE ________________ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR ___________________________________
In the Matter of the Marriage
Of
)
)
)
______________________________)
(Wife’s name)
)
)
and
)
)
______________________________)
(Husband’s name)
)
Joint Petitioners
)
______________________________)
Case No. ________________________
Dept. No. ___________________
JOINT PETITION FOR SUMMARY DECREE OF DIVORCE
Petitioners, (Wife’s name)____________________________________, in proper person
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and (Husband’s name) ______________________________________, in proper person, hereby
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petition this Court, pursuant to the terms of Chapter 125 of the Nevada Revised Statutes, to grant
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them a divorce. Petitioners respectfully show, and under oath, state to the Court that every
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condition of NRS 125.181 has been met and further state as follows:
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I.
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The Petitioners married on ________________________________________ in the
(Date of Marriage, including month, day and year)
County of _______________________________, State of ______________________________,
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County in which you were married)
State in which you were married)
and ever since have been, and still are, Husband and Wife.
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II.
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The Petitioner __________________________________________, is now, and for more
(Name of the resident petitioner)
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than six weeks before the filing of this action has been, an actual resident of the State of Nevada
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and, during all this period of time has been actually, physically, present in and living in, the State
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of Nevada, and intends to continue to make the State of Nevada__________ home for an
(His or Her)
indefinite period of time.
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The current addresses of the Petitioners are:
_____________________________________________________
(Wife’s name)
_____________________________________________________
(Wife’s mailing address)
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_____________________________________________________
(Wife’s residence address)
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_____________________________________________________
(Husband’s name)
_____________________________________________________
(Husband’s mailing address)
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_____________________________________________________
(Husband’s residence address)
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III.
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That Petitioners have become, and continue to be, incompatible in marriage and no
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reconciliation is possible, and/or the parties have lived separate and apart for more than one year
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without cohabitation.
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IV.
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Wife _________________ pregnant at this time.
(is or is not)
If wife is pregnant at this time, answer the following questions.
If wife is not pregnant, print “not applicable” in the spaces.
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Husband _____________the father of the unborn child. The unborn child is due to be born
(is or is not)
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on (date of expected birth)__________________________________.
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V.
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In the following paragraph, list all children born of this union, whether born prior to
marriage or during the marriage and also include any children who were adopted
during the time of the marriage.
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That there are ____________________ minor children born to, or adopted, through this union.
(Number of minor children)
NAME
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AGE
DATE OF BIRTH
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______________________________________
_____________ ___________________
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______________________________________
_____________
___________________
______________________________________
_____________
___________________
______________________________________
_____________
___________________
______________________________________
_____________
___________________
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VI.
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Children’s Residence
In the following paragraph, print each child’s name and indicate in what State
each child presently resides and how long the child has resided in that state.
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The state of residence of the children is as follows:
Name
State of residence
Length of time child
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has lived in that State
______________________________
____________________
_________________
______________________________
____________________
__________________
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______________________________
____________________
__________________
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______________________________
____________________
__________________
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______________________________
____________________
__________________
______________________________
____________________
_________________
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VII.
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Legal Custody Of The Children
Both parents must initial the following provision.
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Joint Legal Custody
_____________
______________
Petitioners are fit and proper persons to be awarded
(Wife’s initials)
(Husband’s initials) joint legal custody of the minor child(ren),
_______________________________________________________________________.
(Names of the children)
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VIII.
Physical Custody of the Children
There are TWO different choices in the following paragraph: (a) joint physical custody; or
(b) primary physical custody; Choose only ONE. Both parties are to initial the ONE choice
you agree upon. In the space for the other one, print “not applicable.”
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(a)
Joint Physical Custody
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____________
joint
Wife’s initials
______________ Petitioners are fit and proper persons to be awarded
Husband’s initials
physical custody of the minor child(ren) _____________________________________________
(Names of children)
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(b)
Primary Physical Custody
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____________ ___________
Petitioner _________________________is a fit and proper
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Wife’s initials
Husband’s initials
(Name of custodial parent)
person to have the primary physical custody of the minor
child(ren),________________________
(Names of children)
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__________________________________with visitation by the non-custodial parent as set forth
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in the following visitation schedule.
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IX.
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WEEKLY/MONTHLY AND SUMMER VISITATION
Visitation must be set out in specific detail, including a full weekly or monthly
schedule with the days the exchanges will take place, the times of the exchanges, and
who will provide transportation. Also include specific details regarding holiday
sharing and summer vacation periods. Without very specific visitation, a Decree will
not be granted. Terms such as “reasonable visitation” and “visitation at reasonable
times and places” will not be accepted.
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_____________________________________________________________________________
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_____________________________________________________________________________
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_____________________________________________________________________________
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_____________________________________________________________________________
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_____________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_________________________________________________________________________________________
_____________________________________________________________________________________________
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___________________________________________________________________________________________
The parents may, from time to time, adjust the transportation provision or the weekends of
scheduled visitation by agreement.
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HOLIDAY VISITATION
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(You may add or subtract any holidays on the following list. If you choose not to exchange
the child/ren on a specific holiday, print “not applicable” in the spaces for that holiday. If
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no changes for the holidays are to be made in the regular visitation schedule, state that
clearly in the next paragraph and print “not applicable” on the lines provided for the
individual holidays.)
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The major holidays will be handled in the following manner:
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(Name each specific holiday, such as Thanksgiving, Christmas, Easter, Passover, Hanukkah)
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_________________________________________________________________________________________
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New Year’s Day will be alternated with_________________________having the child
(Father or Mother)
in the year _________ and each ______________year thereafter.
(odd or even)
Martin Luther King’s Birthday will be alternated with______________having the child
in
(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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resident’s Day will be alternated with__________________________ having the child
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in
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(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Memorial Day will be alternated with__________________________having the child in
Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Fourth of July will be alternated with__________________________ having the child in
(Father or Mother)
the year _________ and each ______________year thereafter.
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(odd or even)
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Labor Day will be alternated with _____________________________ having the child
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in
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(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Nevada Day will be alternated with____________________________ having the child
in
(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Halloween will be alternated with_____________________________ having the child in
(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Veteran’s Day will be alternated with___________________________ having the child
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in
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(Father or Mother)
the year _________ and each ______________year thereafter.
(odd or even)
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Child’s birthday will be alternated with_________________________ having the child
in
(Father or Mother)
the year _________ and each ______________year thereafter.
odd or even)
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Mother shall have the child on Mother’s Day and Father shall have the child on Father’s Day.
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Holidays not specifically time defined shall begin at ________ a.m. and end at ________ p.m.
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on that same day. The parent who has the holiday will pick the child up and return the child to
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the other parent at the end of the scheduled time.
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Should a holiday fall on a three day weekend and it is the other parent’s weekend to have
the child(ren), the three day holiday will be handled as follows:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________.
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____________________________shall have a block time of time with the child(ren) for
vacation
(Father or Mother or both parents)
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purposes. That length of time for vacation period shall be_______________________________
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(one week, two weeks, three weeks, one month)
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________________________ shall notify the other parent, in writing, at least _________
(Father or Mother)
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_____________ (days or weeks) in advance of the choice of time.
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____________ ____________ Each parent ________________notify the other if they take the
Wife’s initials Husband’s initials
(shall or shall not)
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child out of the State of Nevada for more than 24 hours, for any reason. Notification shall be
made prior to leaving the State and shall include the date leaving the State, the destination, the
date returning to the State, the type of transportation, and, if possible, a telephone number for
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contact while the child is out of the State.
Each parent shall immediately notify the other if any emergency occurs with the child such that
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medical treatment is sought.
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___________ ____________Each parent __________________ keep the other informed of the
Wife’s initials Husband’s initials
(shall or shall not)
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child care giver for the child, including name, address, and telephone number.
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___________ ____________Each parent ___________________ have the right of first refusal
Wife’s initials Husband’s initials
(shall or shall not)
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to care for the child when the other parent is not available to care for the child for a period of
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_________________ hours. In other words, if the child is in Mother’s custody and Mother is
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not available to care for the child for ______________________ hours or more, Father shall be
notified and given the right of first refusal to care for the child, before any third party is called in
to care for the child. Mother has the same right of first refusal when the child is with Father and
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Father is not available to care for the child for_________________ hours, or more.
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____________
Wife’s initials
____________Both parents are to have equal access to all the child’s medical
Husband’s initials
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records, school records, and any other records generated for the benefit of, or on behalf of, the
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child.
X.
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CHILD SUPPORT
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_____________________ shall pay child support in the amount of $_________________
(Father or Mother)
per month, per child, for a total monthly child support obligation of $___________________ per
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month. The child support shall be paid on or before the ________day of each month.
We came to this agreement based upon the following information:
Husband’s gross monthly income is $_______________________________.
(Amount earned per month before deductions)
Wife’s gross monthly income is $________________________________________.
(Amount earned per month before deductions)
(Initial either line 18, 24 or line 27. Do not initial all lines.Print N/A on those lines you do not use)
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_________
Husband
__________
Wife
__________________ is the non-custodial parent and, the amount
(Mother or Father)
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agreed upon on lines 10 - 12 above, is in compliance with NRS 125B.070
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and is __________________% of ___________________ gross monthly income.
(18%, 25%, 29%, 31%)
(Mother’s or Father’s)
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OR
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__________ __________ Because Petitioners are joint physical custodians, the amount of child
Husband
Wife
support on lines 10 - 12, meets the statutory requirement.
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OR
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_________ __________The support obligation amount that has been agreed upon by the parties
Husband
Wife
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is not the amount required in the statutes. Under the statutes, the child
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support obligation for ____________________ would be $_____________
(Mother or Father)
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per month, per child. However, Petitioners have agreed to change that
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amount because: (Please see NRS 125B.080 for the only reasons you can
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deviate from the statutory formula, and list your reasons here)
_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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_____________________________________________________________________________________
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The amount of child support agreed upon meets the children’s financial needs.
The child support obligation for each child shall continue until that child reaches the age
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of eighteen years, or, if the child is still attending high school at the age of eighteen years, until
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the child reaches the age of nineteen years or graduates from high school, or is otherwise
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emancipated, whichever occurs first.
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A wage assignment for the child support _______________be immediately put in place.
(will or will not)
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Both parties must initial ONE of the following
statements regarding child support.
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1. ______
Husband
______
Wife
There is already a Child Support action through the District Attorney’s
Office and payment of the child support shall continue to be handled
through that office.
2. ________ _______ The children are receiving Welfare benefits and the Welfare
Department
Husband Wife
has, or will have, a child support case through the District Attorney’s
Office and the District Attorney’s Office shall continue to handle the
child payments.
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3. ______
_______ No formal child support obligation has ever previously been
established
Husband Wife
and this will be the first Court Order for child support and the parent
paying child support will pay the support directly to the receiving
parent.
4. ________ _______ Although this is the first Court Order for child support, the payments
Husband Wife
will be handled through the District Attorney’s Office and the parent
who will be collecting child support shall open the case with the
District Attorney’s Office.
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XI.
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Health Care
Provisions must be made for health care for the child(ren). If neither parent has
health insurance on the child(ren), that must be stated. If the children are on
Medicaid, that must be stated. Fill in all spaces, do not leave any spaces blank.
The child(ren) presently __________covered by a health insurance policy. The
child(ren)
(is (are) or is (are) not)
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presently __________________ on Medicaid.
(is/are or is/are not)
________________________ shall maintain health insurance on the child(ren) through their
(Husband or Wife or both parents)
employment.
The parties shall each share, equally, any health expenses incurred on behalf of the child(ren)
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that are not covered by insurance, and each party shall be responsible for one half of the deductible
and one half of the insurance premium.
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XII.
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Division of Assets
Both parties must initial ONLY ONE of the statements below. Print “Not Applicable”
in the spaces you do not use. Be sure to address all retirement accounts, bank accounts
and vehicles. Include VIN numbers when listing vehicles.
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1. ______ ______ All of the community assets and property have been previously divided and
Husband
Wife
each is to keep the property they have in their possession at this time.
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2. ________ _______ There is no community property to be divided.
Husband
Wife
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3. ________ _______ The community property should be divided as follows:
Husband Wife
(Include retirement accounts, bank accounts and vehicles with VIN
numbers)
WIFE SHALL RECEIVE THE FOLLOWING:
__________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
HUSBAND SHALL RECEIVE THE FOLLOWING:
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
______________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
(If more room is needed, attach additional sheets but make sure the sheets are clearly identified
as a continuation of the division of assets. Write only on one side of the page of additional
sheets and each additional sheet must be initialed by both parties.)
XIII.
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Division of Debts
Both parties must initial ONLY ONE of the statements below. Print “not applicable” in the
spaces you do not use. Be sure to list all credit cards with the last four numbers of each
account, if known.
1. ______ _______ All of the community debts have been previously divided and each is to
keep
Husband Wife those debts assigned to them and hold the other party harmless from those
debts.
2. ________ ________ There are no community debts to be divided.
Husband
Wife
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3.________ _______ The community debts should be divided as follows:(Be sure to list
specific
Husband
Wife debts with the last four numbers of the account, if available.)
WIFE SHALL RECEIVE THE FOLLOWING DEBTS
AS HER SOLE AND SEPARATE DEBTS:
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
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HUSBAND SHALL RECEIVE THE FOLLOWING DEBTS
AS HIS SOLE AND SEPARATE DEBTS:
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
(If more room is needed, attach additional sheets but make sure the sheets are clearly identified
as a continuation of the division of debts. Write only on one side of the page on additional
sheets and each additional sheet must be initialed by both parties.)
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(The following statement must be initialed by both parties)
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_______ _______ Petitioners hereby certify that they have disclosed all community assets
Husband
Wife
and debts and that there are no other community assets or debts for this Court to divide.
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XIV.
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Spousal Support (Alimony)
Both parties must initial only ONE of the following statements. If you initial one of the
statements which makes a provision for spousal support, be sure to fill in all the spaces in
that statement. DO NOT LEAVE ANY SPACES BLANK IN THIS SECTION. PRINT
“NOT APPLICABLE” IN ALL SPACES THAT ARE NOT APPLICABLE TO YOU.
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________
support
Husband
_______ Each of the Petitioners hereby give up any and all right to spousal
Wife
(Alimony) or any other monetary claim each may have against the other
for support or maintenance.
_______ _______ Wife shall receive spousal support in the amount of $_______________ per
Husband
Wife
(Amount Wife to receive)
__________________, due and payable on the ________________of each
(Week or month)
(Date amount due)
____________________ for a period of __________________________
(Week or month)
(Number of weeks, months or years)
The spousal support shall begin on _______________________________
Date spousal support to begin)
and end on ____________________________________.
(Date last spousal support payment will be made)
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_______ _______ Husband shall receive spousal support in the amount of $_______________
Husband Wife
(Amount Husband to receive)
per ______________, due and payable on the ________________of each
(Week or month)
(Date amount due)
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__________________ for a period of _____________________________
(Week or month)
(Number of weeks, months or years)
The spousal support shall begin on _______________________________
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(Date spousal support to begin)
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and end on ______________________________________.
(Date last spousal support payment will be made)
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XV.
Former Name
Initial ONLY ONE of the following statements and print “not applicable’ in the spaces not
filled in.
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_________
Husband
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Wife does not wish to return to her former name.
______
Husband
_______ Wife wishes to return to her former name of ____________________
Wife
_______________________________.
_________
Husband
__________
Wife
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_________
Wife
Wife never changed her name and, therefore, does not request
restoration of her former name.
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XVI.
Petitioners hereby request that this Court enter a Decree of Divorce, incorporating
into that Decree the provisions made herein.
XVII.
It is understood by the Petitioners that entry of Decree of Divorce constitutes a final
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adjudication of the rights and obligations of the parties with respect to the status of the marriage.
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Petitioners each expressly give up their respective rights to receive written Notice of Entry of
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any Decree and Judgment of Divorce and Petitioners give up their right to request a formal Findings
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of Fact and Conclusions of Law, or to appeal any Judgment or Order of this Court made and entered
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in these proceedings or the right to move for a new trial.
XVIII.
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It is further understood by the Petitioners that a final Decree of Divorce entered by this
summary procedure does not prejudice or prevent the rights of either Petitioner to bring an action to
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set aside the final decree for fraud, duress, accident, mistake or the grounds recognized at law or in
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equity.
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WHEREFORE, Petitioners pray as follows:
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1.
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That the parties be granted a decree of divorce and that each of the petitioners be restored
to the status of single, unmarried persons.
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2.
That the terms agreed upon in this Joint Petition be included in the Decree.
DATE:________________________
(Date signed by Wife)
DATE:_______________________________
(Date signed by Husband)
______________________________
(Wife’s signature)
___________________________________
(Husband’s signature)
___________________________________
(Wife’s address)
___________________________________
(Husband’s address)
___________________________________
___________________________________
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WIFE’S VERIFICATION
STATE OF_______________________)
)ss:
County of _______________________ )
______________________________________________, being first duly sworn under
(Wife’s name)
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penalties of perjury, deposes and says:
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I am the Petitioner herein, and I have read the foregoing Joint Petition For Summary
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Decree of Divorce and know the contents thereof; that the same is true to the best of my own
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knowledge, except as to those matters therein stated upon information and belief, and as to
those matters, I believe them to be true.
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____________________________________
(Wife’s signature)
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SUBSCRIBED and SWORN to before me
this _____day of _____________________, _________.
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________________________________________
NOTARY PUBLIC
STATE OF _____________________)
)ss:
County of ______________________)
On this _________day of ________________________, _____________, personally
appeared before me, a Notary Public, _____________________________________, known or
(Wife’s name)
proved to me to be the person who executed the foregoing Joint Petition For Summary Decree of
Divorce, and who acknowledged to me that she did so freely and voluntarily and for the uses and
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purposes herein stated.
________________________________
NOTARY PUBLIC
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HUSBAND’S VERIFICATION
STATE OF_______________________)
)ss:
County of _______________________ )
______________________________________________, being first duly sworn under
Husband’s name)
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penalties of perjury, deposes and says:
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I am the Petitioner herein, and I have read the foregoing Joint Petition For Summary Decree of
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Divorce and know the contents thereof; that the same is true to the best of my own knowledge,
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except as to those matters therein stated upon information and belief, and as to those matters, I
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believe them to be true.
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____________________________________
(Husband’s signature)
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SUBSCRIBED and SWORN to before me
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this _____day of _____________________, _________.
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________________________________________
NOTARY PUBLIC
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STATE OF _____________________)
)ss:
County of ______________________)
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On this _________day of ______________________, ___________, personally
appeared
before me, a Notary Public, ___________________________________, known or proved to me
(Husband’s name)
to be the person who executed the foregoing Joint Petition For Summary Decree of Divorce, and
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who acknowledged to me that he did so freely and voluntarily and for the uses and purposes
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herein stated.
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________________________________
NOTARY PUBLIC
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Code:____________________
Wife’s name:________________________
Address:___________________________
__________________________________
Telephone:_________________________
Husband’s name:______________________
Address:_____________________________
____________________________________
Telephone:___________________________
In Proper Person
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IN THE ________________ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR ___________________________________
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In the Matter of the Marriage
Of
)
)
)
______________________________)
(Wife’s name)
)
)
and
)
)
______________________________)
(Husband’s name)
)
Joint Petitioners
)
______________________________)
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Case No. ________________________
Dept. No. ___________________
DECREE OF DIVORCE
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The above entitled cause, having been submitted to this Court for decision pursuant to
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Chapter 125 of the Nevada Revised Statutes, and based upon the Joint Petition by the
Petitioners,
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__________________________________ and ______________________________________,
(Wife’s name)
(Husband’s name)
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and all of the papers and pleadings on file, the Court finds as follows:
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1.
That all of the allegations contained in the documents on file are true;
2.
That all of the requirements of NRS 125.181 and NRS 125.182 have been met;
3.
That this Court has the necessary UCCJA, UCCJEA and PKPA initial and continuing
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jurisdiction to enter orders regarding child custody and visitation on the following children of
the union or adopted by the parties, and hereby exercises said jurisdiction:
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NAME
____________________________________
DATE OF BIRTH
____________________________
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____________________________________
____________________________
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____________________________________
____________________________
____________________________________
____________________________
____________________________________
____________________________
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4.
That this Court does not have the necessary UCCJA, UCCJEA and PKPA
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jurisdiction to enter orders regarding custody and visitation of the following children of the union or
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adopted by the parties, and said issues must be decided in the children’s present "home state":
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NAME
___________________________________
DATE OF BIRTH
___________________________
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___________________________________
___________________________
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___________________________________
___________________________
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5.
That this Court has complete jurisdiction to enter this Decree and the orders
regarding the distribution of assets and debts.
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6.
(Husband’s name or Wife’s name)
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That resident Petitioner _____________________________ has been, and is
now,
an actual bona fide resident of the State of Nevada and has actually been domiciled in the State
of
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Nevada for more than six (6) weeks immediately prior to the commencement of this action, and
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intends to continue to make the State of Nevada ________ home for an indefinite period of time.
(His or Her)
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7.
The Petitioners married on ________________________________________ in
(Date of Marriage, including month, day and year)
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County of _______________________________, State of ______________________________,
(County in which you were married)
(State in which you were married)
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and ever since that date have been, and still are, Husband and Wife.
8.
That Petitioners have become, and continue to be, incompatible in marriage and no
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reconciliation is possible, and/or the parties have lived separate and apart for more than one year
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without cohabiting as Husband and Wife and Petitioners are entitled to a Decree of Divorce.
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9.
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Wife _________________ pregnant at this time.
(is or is not)
(If the following spaces are not applicable in your circumstances, print “not applicable” in
each space.)
Husband _____________the alleged to be the father of the unborn child. The unborn
(is or is not)
child is due to be born on __________________________________.
(Date of expected birth)
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10.
That the Petitioners have entered into an agreement settling all issues regarding the
17
care, custody, visitation, health insurance, and child support of the child(ren) over which this Court
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has jurisdiction, said agreement being in the best interests of the child(ren), and Petitioners have
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requested that their agreement as set forth in their Joint Petition, a copy of which is attached hereto
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as Exhibit A, be ratified, confirmed, and incorporated into their Decree as though fully set forth.
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11.
That the Petitioners have entered into an equitable agreement settling all issues
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regarding the division and distribution of assets and debts, said agreement being an equitable one,
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and Petitioners have requested that their agreement in their Joint Petition, a copy of which is
25
attached hereto as Exhibit A, be ratified, confirmed, and incorporated into their Decree as though
26
fully set forth.
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12.
That the Petitioners have entered into an agreement settling the issue of spousal
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support and request that their agreement as set forth in their Joint Petition, a copy of which is
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attached hereto as Exhibit A, be ratified, confirmed and incorporated into their Decree as though
fully set forth.
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4
(Initial only ONE space in statement 13 and print “not applicable” in the other spaces.)
13.
Wife does not wish to return to her former name.
Wife wishes to return to her former name of
____________________________________________
_________
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_________
_________
5
Wife never changed her name and, therefore, does not request
restoration of her former name.
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14.
That the parties waive their rights to a written Notice of Entry of Decree of Divorce,
to appeal, to Findings of Fact and Conclusions of Law, and to move for a new trial.
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THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.
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That the bonds of matrimony now existing between the Petitioners are dissolved and
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an absolute Decree of Divorce is granted to the parties, and each of the parties is restored to the
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status of an unmarried person.
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2.
That the agreement, as it is stated in the Petitioners’ Joint Petition, regarding the care,
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custody, visitation, health insurance, and child support of the child(ren) over which this Court has
jurisdiction, is hereby ratified, confirmed, and incorporated into this Decree as though fully set forth.
3.
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That the agreement, as it is stated in the Petitioners’ Joint Petition, regarding the
division and distribution of assets and debts, is hereby ratified, confirmed, and incorporated into this
Decree as though fully set forth.
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4.
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That the agreement, as it is stated in the Petitioners’ Joint Petition, regarding the issue
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of spousal support is hereby ratified, confirmed, and incorporated into this Decree as though fully set
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forth.
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(Initial only ONE space in statement 5. Print “not applicable” in the other spaces.)
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5.
_____________ Wife is hereby restored to her former name of:
_______________________________________.
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_____________ Wife never changed her name and, therefore, does not request
restoration of her former name.
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____________ Wife shall retain her present name.
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(IMPORTANT: The following paragraph (paragraph 6) is applicable to all decrees issued in
the State of Nevada, but each County handles compliance with the requirements differently.
Be sure to follow the specific instructions for the County in which you are obtaining your
decree.)
6.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each party
shall submit the information required in NRS 125B.055, NRS 125.130 and NRS 125.230 on a
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separate form to the Court and the Welfare Division of the Department of Human Resources within
14
ten days from the date this Decree is filed. Such information shall be maintained by the Clerk in a
15
confidential manner and not part of the public record. The parties shall update the information filed
16
with the Court and the Welfare Division of the Department of Human Resources within ten days
17
should any of that information become inaccurate.
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IT IS FURTHER ORDERED AND PARTIES ARE PUT ON NOTICE that they are
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subject to the requirements of the following Nevada Revised Statutes:
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NRS 125.510(6) regarding abduction, concealment or detention of a child:
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PENALTY FOR VIOLATION OF ORDER:
THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN
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VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY
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AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a
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limited right of custody to a child or any parent having no right of custody to the
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child who willfully detains, conceals or removes the child from a parent, guardian or
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other person having lawful custody or a right of visitation of the child in violation of
an order of this court, or removes the child from the jurisdiction of the court without
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the consent of either the court or all persons who have the right to custody or
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visitation is subject to being punished for a category D felony as provided in NRS
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193.130.
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NOTICE IS HEREBY GIVEN that the terms of the Hague Convention of October 25,
1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply
if a parent abducts or wrongfully retains a child in a foreign country. The parties are also put on
notice of the following provisions in NRS 125.510(8):
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If a parent of the child lives in a foreign country or has significant commitments in a
9
foreign country:
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(a) The parties may agree, and the court shall include in the order for custody of the
11
child, that the United States is the country of habitual residence of the child for the
12
purposes of applying the terms of the Hague Convention as set forth in subsection 7.
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(b) Upon motion of one of the parties, the court may order the parent to post a bond if
the court determines that the parent poses an imminent risk of wrongfully removing or
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concealing the child outside the country of habitual residence. The bond must be in
an amount determined by the court and may be used only to pay for the cost of
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locating the child and returning him to his habitual residence if the child is wrongfully
17
removed from or concealed outside the country of habitual residence. The fact that a
18
parent has significant commitments in a foreign country does not create a presumption
19
that the parent poses an imminent risk of wrongfully removing or concealing the
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child.
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NRS 125C.200 regarding relocation with minor children:
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If custody has been established and the custodial parent or a parent having joint
23
custody intends to move his residence to a place outside of this state and to take the
24
child with him, he must, as soon as possible and before the planned move, attempt to
25
obtain the written consent of the other parent to move the child from the state. If the
26
noncustodial parent or other parent having joint physical custody refuses to give that
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consent, the parent planning the move shall, before he leaves the state with the child,
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petition the court for permission to move the child. The failure of a parent to comply
with the provisions of this section may be considered as a factor if a change of
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custody is requested by the noncustodial parent or other parent having joint custody.
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NRS 125.450 regarding the collection of child support payments through mandatory
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wage withholding or assignment of income.
NRS 31A regarding the enforcement of a child support obligation and the collection of
delinquent child support.
NRS 125B.145 regarding the review of child support at any time due to changed
circumstances and at least every three years following the entry of the child support order.
THIS IS A FINAL DECREE.
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Dated: ________________________________
_____________________________________
DISTRICT JUDGE
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Respectfully Submitted:
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(Print name)__________________________
(Print
name)_______________________________
(Signature)___________________________(Signature)________________________________
(Address) ____________________________(Address)_________________________________
____________________________________ _______________________________________
(Telephone) __________________________(Telephone)______________________________
Petitioner in Proper Person
Petitioner in Proper Person
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