Joint Petition for Divorce and UCCJEA Declaration

Joint Petition for Divorce and UCCJEA Declaration (With Children)

Spouse’s Name:

Address:

City, State, Zip:

Phone:

Email:

Spouse’s Name:

Address:

City, State, Zip:

Phone:

Email:

Self-Represented

DISTRICT COURT

COUNTY, NEVADA

JOINT PETITION FOR DIVORCE AND UCCJEA DECLARATION
(With Children)

Petitioners, in proper person, hereby petition this Court, pursuant to the terms of Chapter 125 of the Nevada Revised Statutes, to grant them a divorce. Petitioners respectfully show, under oath, and state to the Court that every condition of NRS 125.181 has been met and further state as follows:

1. Residency. (Name of person who is a Nevada resident) has been a resident of the State of Nevada for at least six weeks prior to filing this Joint Petition for Divorce and intends to make Nevada his/her home for an indefinite period of time.

2. Marriage. The parties were married on in , . The parties are incompatible.

3. Address. The mailing addresses of the petitioners are:

4. Pregnancy. Neither spouse is pregnant.

One spouse is pregnant. The following spouse is pregnant: . The other spouse is / is not the parent of the unborn child. The child is due to be born on

5. Children. There are minor children in common born to or adopted by the parties. The children’s names and information are listed below:

6. UCCJEA Declaration. The children have lived in Nevada for the past six months or since birth. Nevada is the children’s “home state.”

The children have NOT lived in Nevada for the past six months or since birth. Nevada is not the children’s “home state.”

7. Legal Custody. The petitioners should share joint legal custody of the children.

The petitioners agree that sole legal custody of the children should be granted to .

Nevada is not the “home state” of the children, and the Court generally cannot enter custody orders.

8. Physical Custody. The petitioners should share joint physical custody of the children.

The petitioners agree that primary physical custody of the minor children should be granted to .

Nevada is not the “home state” of the children, and the Court generally cannot enter custody orders.

9. Child Support. Based upon the agreed physical custody arrangement, should pay per month in child support.

This is based on:

The statutory minimum of $100/month per child.

The calculation from the attached Child Support Worksheet.

The amount already established by the District Attorney / Child Support Enforcement office, case .

Neither petitioner will pay child support.

Explain why not:

10. Public Assistance. None of the parties in this case have ever received state assistance or welfare.

State assistance or welfare has been or is being provided to parties in this case.

11. Child Support Arrears. No back child support or arrears are requested.

Child support arrears are being handled by the District Attorney / Child Support Enforcement office, case and should continue as ordered in that case.

The petitioners agree that will pay child support arrears in the total amount of $ to the other parent. The parent will make monthly payments in the amount of $ per month until the arrears are paid in full.

12. Wage Withholding. Petitioners agree that a wage withholding order should NOT be entered.

Petitioners agree that a wage withholding order should be entered to secure payment of any support owed.

13. Health Insurance. Both petitioners should provide future health insurance for the minor children if available.

Future health insurance for the minor children should be provided by if available.

14. Unreimbursed Medical Expenses. Any expenses not covered by insurance should be paid equally by both parties.

Any expenses not covered by insurance should be paid by due to the following extraordinary circumstances:

Explain:

15. Child Tax Deduction. The tax deduction for the children should be allocated per federal law.

Petitioners have agreed to claim the children as follows for tax purposes:

16. Community Property. There is no community property to divide.

Any community property has already been divided.

The community property should be divided as follows:

(Name of spouse) shall receive:

17. Community Debt. There is no community debt to divide.

Any community debt has already been divided.

The community debt should be divided as follows:

(Name of spouse) shall be liable for:

(Name of spouse) shall be liable for:

Petitioners certify that they have disclosed all community assets and debts and that there are no other community assets or debts for this Court to divide.

19. Alimony. Neither petitioner should be awarded alimony.

should pay $ per month in alimony for the next years. Spousal support should begin on and end on

20. Name Change. Neither spouse changed their name or neither spouse wishes to have a former or maiden name restored.

The name of should be restored to his / her former or maiden name of .

The name of should be restored to his / her former or maiden name of .

21. Petitioners hereby request that this Court enter a Decree of Divorce, incorporating into that Decree the provisions made in this Joint Petition.

22. It is understood by the Petitioners that entry of a Decree of Divorce constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage. Petitioners each expressly give up their respective rights to receive written notice of entry of any judgment or decree of divorce, and Petitioners give up their right to request formal findings of fact and conclusions of law. Petitioners waive their right to appeal the Decree of Divorce, and the right to move for a new trial.

23. 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 set aside the final decree for fraud, duress, accident, mistake, or the grounds recognized at law or in equity.

Petitioners request:

1. That they be granted a Decree of Divorce and that each of the Petitioners be restored to the status of a single, unmarried person;

2. That the terms agreed upon in this Joint Petition be included in the Decree.

FIRST PETITIONER’S VERIFICATION

STATE OF NEVADA )

COUNTY OF )

(First spouse’s name) being first duly sworn under penalty of perjury, deposes and says:

I am the Petitioner herein, and I have read the foregoing Joint Petition for Divorce and know the contents thereof; that the pleading is true to the best of my own knowledge, except as to those matters therein stated upon information and belief, and as to those matters, I believe them to be true.

Signed and sworn to (or affirmed) before me on

(date) by (name)

Signature of notarial officer

STATE OF NEVADA )

COUNTY OF )

On this day of 20____, personally appeared before me, a Notary Public, (first spouse’s name) , known or proved to me to be the person who executed the foregoing Joint Petition for Divorce, and who acknowledged to me that he/she did so freely and voluntarily and for the uses and purposes herein stated.

Signature of notarial officer

SECOND PETITIONER’S VERIFICATION

STATE OF NEVADA )

COUNTY OF )

(Second spouse’s name) being first duly sworn under penalty of perjury, deposes and says:

I am the Petitioner herein, and I have read the foregoing Joint Petition for Divorce and know the contents thereof; that the pleading is true to the best of my own knowledge, except as to those matters therein stated upon information and belief, and as to those matters, I believe them to be true.

Signed and sworn to (or affirmed) before me on

(date) by (name)

Signature of notarial officer

STATE OF NEVADA )

COUNTY OF )

On this day of 20____, personally appeared before me, a Notary Public, (second spouse’s name) , known or proved to me to be the person who executed the foregoing Joint Petition for Divorce, and who acknowledged to me that he/she did so freely and voluntarily and for the uses and purposes herein stated.

Signature of notarial officer

EXHIBIT 1: Parenting Timeshare and Holiday Schedule

No Visitation Requested Because:

Regular Weekly Schedule During School Year:

Be very specific. Include the times and days of the week for each parent’s timeshare.

Summer Schedule: Same as the regular schedule. Other:

Mother’s Day: Mother every year from 9am – 7pm. Other:

Father’s Day: Father every year from 9am – 7pm. Other:

Children’s Birthday: Even years with (parent) Odd years with (parent) *Time shall be from 9am – 7pm.* Other:

3 Day Weekends: Each December before December 31, the parties must confer regarding their respective schedules for the upcoming year and agree in writing on an allocation of the Martin Luther King Day; President’s Day; Labor Day; Memorial Day; and Nevada Day three day weekends between themselves. If the parties do not agree, the parties’ normal weekly schedule will control with the parent otherwise entitled to have the children over the weekend being entitled to have the children in his or her care for the holiday as well. Other:

Fourth of July: Even years with (parent) Odd years with the other parent. *Time shall begin July 4, at 10 a.m. and end on July 5, at 10 a.m.* Other:

Easter / Spring Break: Even years with (parent) Odd years with the other parent. *Time shall begin the day school lets out until noon the day before school resumes.* Other:

Thanksgiving: Odd years with (parent) . Even years with the other parent. *Time shall begin the day school lets out until noon the day before school resumes.* Other:

Winter Break / Christmas:

Other Holidays:

Vacation: The parents will not establish a formal vacation plan, and will instead mutually agree on vacation days and times with the children.

Each parent may have up to vacation days per year with the children. The parent shall notify the other parent of the vacation and provide a general vacation itinerary at least days before the planned vacation. Vacation time supersedes the normal weekly or summer schedule and is not allowed during a holiday or school break allotted to the other parent.

Worksheet A - Primary Physical Custody Child Support Calculation Worksheet

If you are asking for primary physical custody, fill out this worksheet and attach it to the document you are filing. Primary physical custody exists when one parent has the child more than 60% (219 days) of the time calculated over a one year period.

1 Determine the Gross Monthly Income (GMI) of the non-custodial parent (estimate if unknown).

Gross monthly income is the income received from all sources. If you do not know the parent’s gross monthly income, you can calculate the number with the formula on the last page.

2 Determine Child Support Obligation.

GMI $

Total Child Support: $

Monthly Child Support: $ OR $100 per child $ (write the higher amount)

Higher Amount: $

Presumptive Maximum Reduction to: $ Or not applicable

4 Deviations. You may request an amount of child support that is lower or higher than the amount in 2 or 3, but your reason(s) must be based upon one of the following factors. check all that apply

The cost of health insurance

The cost of childcare

Special educational needs

Age of the child

Parent’s legal responsibility to support others

The value of services contributed by either parent

Public assistance paid to support the child

Expenses reasonably related to the mother’s pregnancy and confinement

Cost of transportation for visitation if the custodial parent moved out of the jurisdiction

The amount of time the child spends with each parent

Any other necessary expenses for the benefit of the child

The relative income of both parents

Explain:

Worksheet B - Joint Physical Custody Child Support Calculation Worksheet

If you are asking for joint physical custody, fill out this worksheet and attach it to the document you are filing. A joint physical custody arrangement exists when each parent has the child at least 40% (146 days) of the time calculated over a one year period.

Parent 1’s Name: Parent 2’s Name:

1 Determine Each Parent’s Gross Monthly Income (GMI) (estimate other parent’s income if unknown).

2 Determine Each Parent’s Child Support Obligation.

Parent 1 GMI $

Parent 2 GMI $

Higher $ Lower $

Child Support Obligation $ paid by

Parent 1’s Monthly Child Support: $ OR $100 per child $ (write the higher amount and use in step 3)

Parent 2’s Monthly Child Support: $ OR $100 per child $ (write the higher amount and use in step 3)

Total Child Support: $

Presumptive Maximum Reduction to: $ Or not applicable

5 Deviations. You may request an amount of child support that is lower or higher than the amount in 3 or 4, but your reason(s) must be based upon one of the following factors. check all that apply

The cost of health insurance

The cost of childcare

Special educational needs

Age of the child

Parent’s legal responsibility to support others

The value of services contributed by either parent

Public assistance paid to support the child

Expenses reasonably related to the mother’s pregnancy and confinement

Cost of transportation for visitation if the custodial parent moved out of the jurisdiction

The amount of time the child spends with each parent

Any other necessary expenses for the benefit of the child

The relative income of both parents

Explain:

To Determine a Parent’s Gross Monthly Income

Gross monthly income is a parent’s income from all sources before taxes. To find this number, calculate the following:

Gross Monthly Income Based on Annual Income:

Annual Income $ ÷ 12 = $

Gross Monthly Income Based on Weekly Income:

Weekly Income $ x 52 = Annual Income $

Annual Income $ ÷ 12 = $

Gross Monthly Income Based on Hourly Wage:

Hourly Wage $ x # of Hours Worked per week = Weekly Income $

Weekly Income $ x 52 = Annual Income $

Annual Income $ ÷ 12 = $