Fill and Sign the Joint Petition for Divorce and Uccjea Declaration Form

© 2017 Nevada Supreme Court Page 1 of 11 – Joint Petition for Divorce (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 ____________________________________ First Joint Petitioner ( Spouse Name), And ____________________________________ Second Joint Petitioner ( Spouse Name). CASE NO.: ____________________ DEPT: _____________________ JOINT PETITION FOR DIVORCE AND UCCJEA DECLARATION (With Children) Petitioners, in proper person, hereby petition th is Court, pursuant to the terms of Chapter 125 of the Nevada Revised Statutes, to grant th em 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 Stat e 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 ( date) ______________________________ in ( city ) __________________, ( state) _________________. The parties are incompatible. Page 2 of 11 – Joint Petition for Divorce (With Children) 3. Address . The mailing addresses of the petitioners are: ________________________________ First Spouse Name ________________________________ Mailing Address ________________________________ City, State, Zip Code ________________________________ Second Spouse Name ________________________________ Mailing Address ________________________________ City, State, Zip Code 4. Pregnancy. (☒ check one )  Neither spouse is pregnant.  One spouse is pregnant. The following spouse is pregnant: ( name of pregnant spouse ) _______________________________. The other spouse  is /  is not the parent of the unborn child. The child is due to be born on ( due date) _____________________. 5. Children. There are ( number) _______ minor children in common born to or adopted by the parties. The children’s names and information are listed below: Child’s Name Date of Birth Age 6. UCCJEA Declaration. (☒ check one )  The children have lived in Nevada for the pa st six months or since birth. Nevada is the children’s “home state.”  The children have NOT lived in Nevada fo r the past six months or since birth. Nevada is not the children’s “home state.” Page 3 of 11 – Joint Petition for Divorce (With Children) a. Living Arrangements Last 5 Years . The children have lived with the following people in the following places within the last five years: Time Period (mo/yr – mo/yr) Name of Person the Children Lived With City and State Child’s Name (if not all children) ______ - present ______ - _____ ______ - _____ ______ - _____ ______ - _____ The names and current addresses of each non-pa rent the children lived with during the l a st f iv e y ears a re : b. Participation in Other Cases: (☒ check one ) I  have /  have not participated as a party or w itness or in some other capacity in any other case involving the children. If you have, provide all specifics including the state, the court, children involved, the case number and the date of the child custody order, if any: c. Knowledge of Other Cases: (☒ check one ) I  do /  do not know of a different case that could affect the current case. If you do, provide all specifics including the state, th e court, parties involved, the case number and the nature of the proceeding: d. Person(s) Who Claim Custody / Visitation: (☒ check one ) I  do /  do not know of anyone other than the parents who has physical custody of the children or who claims custody/ visitation rights to the children. If you do, list names and addresses of anyone who clai ms custody/visitation rights: Page 4 of 11 – Joint Petition for Divorce (With Children) 7. Legal Custody. Legal custody refers to the ability to access information and make major decisions about the children, such as medical care, education, and religious upbringing . (☒ check one )  The petitioners should share join t legal custody of the children.  The petitioners agree that sole legal cust ody of the children should be granted to ( name of parent ) ______________________________.  Nevada is not the “home state” of the ch ildren, and the Court generally cannot enter custody orders. 8. Physical Custody. Physical custody refers to the amount of time the children spend with each parent . (☒ check one )  The petitioners should share joint physical custody of the children ( each parent must have the children roughly 40% of the time, or 146 days per year ). A proposed parenting timeshare and holiday schedule is attached as Exhibit 1.  The petitioners agree that primary physical custody of the minor children should be granted to ( name of parent ) _________________________________. A proposed parenting timeshare and holiday schedule is attached as Exhibit 1.  Nevada is not the “home state” of the ch ildren, and the Court generally cannot enter custody orders. 9. Child Support. Complete the attached Child Support Worksheet that applies to your custody arrangement before y ou complete this section. (☒ check one )  Based upon the agreed physical custody arrangement, ( name of parent who will pay child support ) _____________________________ should pay ( amount) $______ per month in child support. This is based on: ( ☒ check one )  The statutory minimum of $100/month per child.  The calculation from the attach ed Child Support Worksheet.  The amount already established by the District Attorney / Child Support Enforcement office, case ( insert case number) ___________________.  Neither petitioner will pay child support. ( Explain why not): Page 5 of 11 – Joint Petition for Divorce (With Children) 10. Public Assistance. (☒ check one )  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. (☒ check one )  No back child support or arrears are requested.  Child support arrear s are being handled by the Dist rict Attorney / Child Support Enforcement office, case ( insert case number) ____________________ and should continue as ordered in that case.  The petitioners agree that ( name of parent who will pay back child support ) __________________________________ 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 mont h until the arrears are paid in full. 12. Wage Withholding. (☒ check one )  Petitioners agree that a wage withhol ding order should NOT be entered.  Petitioners agree that a wage withholding or der should be entered to secure payment of any support owed. 13. Health Insurance . (☒ check all that apply )  Both petitioners should provide future he alth insurance for the minor children if available.  Future health insurance for the mi nor children should be provided by ( name of parent ) ____________________________________ if available. 14. Unreimbursed Medical Expenses . (☒ check one )  Any expenses not covered by insurance s hould be paid equally by both parties.  Any expenses not covered by insurance should be paid by (name of parent) ____________________________ due to the following extraordinary circumstances: ( explain ) Page 6 of 11 – Joint Petition for Divorce (With Children) 15. Child Tax Deduction. (☒ check one )  The tax deduction for the children sh ould be allocated per federal law.  Petitioners have agreed to claim the children as follows for tax purposes: Child’s Name: Parent’s Name: Frequency: will be claimed by  every year  even years  odd years will be claimed by  every year  even years  odd years will be claimed by  every year  even years  odd years will be claimed by  every year  even years  odd years 16. Community Property. (☒ check one )  There is no community pr operty to divide.  Any community property has already been divided.  The community property shoul d be divided as follows: ( Name of spouse ) __________________________________ shall receive: 1. _____________________________________________________ 2. _____________________________________________________ 3. _____________________________________________________ 4. _____________________________________________________ 5. _____________________________________________________ Community Property: Community property includes but is not limited to: checking, savings, and other investment accounts, real property / houses, vehicles, pensions, 401(k)s, deferred compensation, IRAs, and personal property. Make sure the list of property below is complete. Page 7 of 11 – Joint Petition for Divorce (With Children) ( Name of spouse ) __________________________________ shall receive: 1. _____________________________________________________ 2. _____________________________________________________ 3. _____________________________________________________ 4. _____________________________________________________ 5. _____________________________________________________ Attach additional sheets if more property needs to be listed. 17. Community Debt. (☒ check one )  There is no community debt to divide.  Any community debt has already been divided.  The community debt should be divided as follows ( next page): ( Name of spouse ) __________________________________ shall be liable for: 1. _____________________________________________________ 2. _____________________________________________________ 3. _____________________________________________________ 4. _____________________________________________________ 5. _____________________________________________________ (Name of spouse ) __________________________________ shall be liable for: 1. _____________________________________________________ 2. _____________________________________________________ 3. _____________________________________________________ 4. _____________________________________________________ 5. _____________________________________________________ Attach additional sheets if more debts need to be listed. Community Debt: Community debt includes but is not limited to: mo rtgages, car loans, credit cards, & tax debt. The division of debt does not a ffect creditors’ rights to collect the debt. The parties may be required to restructure the debts per creditors ’ requirements. Page 8 of 11 – Joint Petition for Divorce (With Children) 18. 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. (☒ check one )  Neither petitioner should be awarded alimony.  (Name of spouse who will pay alimony ) ____________________________________ should pay (amount) $_________ per month in alimony for the next ( number) ___________ years. Spousal support should begin on ( date) ________________ and end on ( date) ________________. 20. Name Change. (☒ check all that apply )  Neither spouse changed their name or neith er spouse wishes to have a former or maiden name restored.  The name of ( spouse’s married name ) _____________________________________ should be restored to his / her former or maiden name of (write full name the spouse wants to go back to ) .  The name of ( spouse’s married name ) _____________________________________ should be restored to his / her former or maiden name of (write full name the spouse wants to go back to ) . 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 entr y of a Decree of Divorce constitutes a final adjudication of the rights and obligations of th e 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 th e right to move for a new trial. Page 9 of 11 – Joint Petition for Divorce (With Children) 23. It is further understood by the Petitioners th at 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 fr aud, 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. ___________________________________ Date ________________________________ First Spouse Signature ___________________________________ First Spouse Printed Name ___________________________________ Date ________________________________ Second Spouse Signature ___________________________________ Second Spouse Printed Name Page 10 of 11 – Joint Petition for Divorce (With Children) 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.  _______________________________________ (First spouse’s signature ) 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 exec uted 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 Page 11 of 11 – Joint Petition for Divorce (With Children) 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.  _______________________________________ (Second spouse’s signature ) 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 exec uted 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: ( explain in detail on separate sheet) Regular Weekly Schedule During School Year: Be very specific. Include the times and days of the week for each parent’s timeshare. (ex.: Mom: Saturday 7pm – Wednesday 3pm, Dad: Wednesday 3pm – Saturday 7pm) _____________________________________________________ _______________________________________________________________________________________________________________________________________________________________ _____________________________________________________ __________________________________________________________________________________________________________ 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 resp ective schedules for the upcoming year and agree in writing on an allo cation of the Martin Luther King Day; President’s Day; La bor 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 otherwis e 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:  Segment 1 consists of the firs t one-half of the Winter break and includes Christmas Eve and Christmas Day. Segment 1 begins the day the children are released from school for the break at the time the children are released from school. Segment 2 consists of the second one-half of the Winter break and includes New Year’s Eve and New Year’s Day. Segment 2 begins at noon on the first da y of the second half of the Winter break and ends at noon the day before school resumes. In the event that the date ma rking the halfway point in the Winter break falls on December 25, Segment 2 will not begin until December 26. Even years : Segment 1 with ( parent) ___________________, Segment 2 with the other parent. Odd years : segment 1 with ( parent) ____________________, segment 2 with the other parent.  Other: ____________________________________________ 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 ( number) ______ vacation days per year with the children. Th e parent shall notify the other parent of the vacation and provi de a general vacation itinerary at least ( number) _____ 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 Custod y 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 p hysical custody exists when one parent has the child more than 60% (219 days) of the time calculated over a one year period.  Determine the Gross Monthly Inco me (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.  Determine Child Support Obligation. .18 (for 1 Child) X .25 (for 2 Children) = .29 (for 3 Children) .31 (for 4 Children) Add .02 for each additional child  Apply the Presumptive Maximum . Usually, this is the maximum amount a pare nt may be required to pay per month per child (and can reduce – not increase – the amount that would be owed under step ). This amount changes every year on July 1 st and can be found by going to http://nvcourts.gov and searching the phrase “presumptive maximum.” Make sure you are using the most current chart .  Deviations. You may request an amount of child support that is lower or higher than the amount in  or , 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:_______________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________ GMI $ ___________ Total Child Support: $ _________ Monthly Child Support: $ _______ OR $100 per child $_______ (write the higher amount) Higher Amount: $__________ Presumptive Maximum Reduction to: $________ Or  not applicable 0.00 Worksheet B - Joint Physical Custody Child Support Calculation Worksheet If you are asking for joint physical custody, fill out this worksh eet 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 Nam e: Parent 2 ’s Nam e:  Determine Each Parent’s Gross Monthly Income (GMI ) (estimate other parent’s income if unknown). Gross monthly income is the income received from all sources. If you do not know a parent’s gross monthly income, you can calculate the number with the formula on the last page .  Determine Each Parent’s Child Support Obligation. . 18 (for 1 Child) .25 (for 2 Children) X .29 (for 3 Children) = .31 (for 4 Children) Add .02 for each additional child  Subtract the lower earning parent’s amount of child support in  from the higher earning parent’s amount. - = paid by  Apply the Presumptive Maximum . Usually, this is the maximum amount a parent may be required to pay per month per child (and can reduce – not increase – the amount that would be owed under step ). This amount changes every year on July 1 st and can be found by going to http://nvcourts.gov and searching the phrase “presumptive maximum.” Make sure you are using the most current chart .  Deviations. You may request an amount of child support that is lower or higher than the amount in  or , 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:________________________________________________________ ________________________________________________________________________________________________________________________________ Parent 1 GMI $ _________ Parent 2 GMI $ _________ Higher $ _______ Lower $ _______ Child Support Obligation $____________ Name of higher income parent: ____________________ Parent 1’s Monthly Child Support: $ ______ OR $100 per child $_____ (write the higher amount and use in step 3) Higher Amount: $__________ Parent 2’s Monthly Child Support: $ ______ OR $100 per child $_____ (write the higher amount and use in step 3) Higher Amount: $__________ Total Child Support: $ _________ Presumptive Maximum Reduction to: $________ Or  not applicable 0 0 0.00 0.00 0.00 To Determine a Parent’s Gross Monthly Income: Gross monthly income is a parent’s income from all sour ces before taxes. To find this number, calculate the following: Parent 1 Parent 2 *Monthly Wages from Employment (before taxes) $ $ Monthly Tip Income $ $ Monthly Self-Employment Income (after business expenses) $ $ Monthly Unemployment Benefits $ $ Social Security $ $ Social Security Disability $ $ Retirement / Pension $ $ Other: _____________________________________ $ $ TOTAL INCOME $ $ *To Determine a Parent’s Employment Income: If you do not know a parent’s gross monthly income from employment, you can calculate the number if you know the 1) hourly wage, 2) weekly income, or 3) annual income. 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 = $_________ 0.00 0.00 12 0.00 52 0.00 0.00 12 0.00 0.00 0.00 52 0.00 0.00 12 0.00