NV Bar Nevada Family Law 1 — Questions and Answers
Question 1: Nevada is which type of property state for marital assets?
- Common law property state
- Community property state (Correct answer)
- Equitable distribution state
- Tenancy by the entirety state
Correct answer: Community property state
Nevada is a community property state under NRS Chapter 123, meaning most property acquired during marriage is equally owned by both spouses.
Question 2: Under Nevada law, what is the residency requirement to file for divorce?
- 30 days
- 6 weeks (Correct answer)
- 3 months
- 6 months
Correct answer: 6 weeks
Under NRS 125.020, a plaintiff must have been a resident of Nevada for at least 6 weeks before filing for divorce.
Question 3: Nevada recognizes which grounds for divorce?
- Fault only
- No-fault only
- Both fault and no-fault grounds (Correct answer)
- Only incompatibility
Correct answer: Both fault and no-fault grounds
Nevada allows divorce on no-fault grounds (incompatibility or living separate and apart for one year) and on fault grounds under NRS 125.010.
Question 4: In Nevada, which standard governs all child custody and visitation determinations?
- Primary caregiver standard
- Best interests of the child (Correct answer)
- Parental fitness standard
- Tender years doctrine
Correct answer: Best interests of the child
Under NRS 125C.0035, all child custody determinations in Nevada are governed by the best interests of the child standard.
Question 5: Under Nevada law, what is the presumption regarding joint physical custody?
- There is no presumption
- Joint physical custody is presumed in the best interests of the child (Correct answer)
- Sole custody with the primary caregiver is presumed
- Shared custody is only available by parental agreement
Correct answer: Joint physical custody is presumed in the best interests of the child
Under NRS 125C.0025, Nevada law creates a presumption that joint physical custody is in the best interests of the child.
Question 6: Nevada child support is calculated primarily based on which method?
- Percentage of income of the paying parent only (Correct answer)
- Income shares model
- Flat statutory amount per child
- Judge's discretion alone
Correct answer: Percentage of income of the paying parent only
Nevada calculates child support as a percentage of the gross monthly income of the paying parent under NRS 125B.070, with set percentages per number of children.
NV Bar Nevada Family Law 1
Nevada is which type of property state for marital assets?