1. In any action for divorce, annulment or separate maintenance,
or any proceeding in which the support for or custody and visitation of a
minor child is an issue, the district judge may appoint any person
qualified by previous experience, training and demonstrated interest in
domestic relations as referee.
2. Subject to the specifications and limitations stated in the
order of appointment, the referee shall hear all disputed factual issues
and make written findings of fact and recommendations to the district
judge.
3. The proceedings before the referee must be conducted in the
same manner as in the district court. The referee may rule upon the
admissibility of evidence unless otherwise directed by the court. He may
call the parties to the action and other witnesses and may examine them
under oath.
4. The report of the referee must be furnished to each party or
his attorney at the conclusion of the proceeding or as soon thereafter as
possible. Within 10 days after receipt of the report, either party may
file and serve upon the other party written objections to the report. If
no objection is filed, the court shall accept the findings of fact unless
clearly erroneous, and judgment may be entered thereon. If an objection
is filed within the 10-day period, the court shall review the matter and
enter such order, judgment or decree as is just, equitable and
appropriate.
5. The compensation of a referee appointed pursuant to this
section must not be taxed against the parties but must be fixed by the
judge to be paid from appropriations made by the board of county
commissioners for the expenses of the district court.
6. The provisions of this section apply only in judicial districts
that do not include a county whose population is 400,000 or more.
(Added to NRS by 1985, 383; A 1991, 2179)
DIVORCE
Divorce from the bonds of
matrimony may be obtained for any of the following causes:
1. Insanity existing for 2 years prior to the commencement of the
action. Upon this cause of action the court, before granting a divorce,
shall require corroborative evidence of the insanity of the defendant at
that time, and a decree granted on this ground shall not relieve the
successful party from contributing to the support and maintenance of the
defendant, and the court may require the plaintiff in such action to give
bond therefor in an amount to be fixed by the court.
2. When the husband and wife have lived separate and apart for 1
year without cohabitation the court may, in its discretion, grant an
absolute decree of divorce at the suit of either party.
3. Incompatibility.
[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159; 1915, 26; 1921,
2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL § 9460] +
[1:111:1931; A 1939, 16; 1931 NCL § 9467.06]—(NRS A 1967, 805; 1969, 176;
1973, 736)
1. Divorce from the bonds of matrimony may be obtained for the
causes provided in NRS 125.010 , by
verified complaint to the district court of any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides;
(d) In which the parties last cohabited; or
(e) If plaintiff resided 6 weeks in the State before suit was
brought.
2. Unless the cause of action accrued within the county while the
plaintiff and defendant were actually domiciled therein, no court has
jurisdiction to grant a divorce unless either the plaintiff or defendant
has been resident of the State for a period of not less than 6 weeks
preceding the commencement of the action.
[Part 22:33:1861; A 1875, 63; 1913, 10, 159; 1915, 26; 1921, 2,
386; 1923, 389; 1927, 126; 1931, 161; 1931 NCL § 9460]—(NRS A 1981, 179)
1. In actions for divorce the complaint of the plaintiff or the
cross-claim or counterclaim of the defendant may state the cause or
causes for divorce upon which the party or parties rely, in the words of
the statute. In such case either party, after appearance of the defendant
and upon 5 days’ written demand therefor, shall have a bill of
particulars stating in detail the facts, dates, times and occasions upon
which the plaintiff or the defendant relies for cause of action, and
either party may, upon motion, be required to furnish in writing a
further bill of particulars upon good cause shown.
2. Such bill or bills of particulars need not be filed, but if
filed may be withdrawn upon the written consent of the parties.
[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159; 1915, 26; 1921,
2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL § 9460] +
[2:222:1931; 1931 NCL § 9467.04]
1. In any suit for divorce the court may, in its discretion, upon
application by either party and notice to the other party, require either
party to pay moneys necessary to assist the other party in accomplishing
one or more of the following:
(a) To provide temporary maintenance for the other party;
(b) To provide temporary support for children of the parties; or
(c) To enable the other party to carry on or defend such suit.
2. The court may make any order affecting property of the parties,
or either of them, which it may deem necessary or desirable to accomplish
the purposes of this section. Such orders shall be made by the court only
after taking into consideration the financial situation of each of the
parties.
3. The court may make orders pursuant to this section concurrently
with orders pursuant to NRS 125.470 .
[Part 27:33:1861; A 1865, 99; 1915, 324; 1939, 18; 1931 NCL §
9465]—(NRS A 1963, 8; 1975, 246)
If, after the filing of the complaint, it is made to appear
probable to the court that either party is about to do any act that would
defeat or render less effectual any order which the court might
ultimately make concerning the property or pecuniary interests, the court
shall make such restraining order or other order as appears necessary to
prevent the act or conduct and preserve the status quo pending final
determination of the cause.
[Part 25:33:1861; A 1939, 18; 1943, 117; 1949, 54; 1943 NCL §
9463]—(NRS A 1979, 142)
The
judge of the court shall determine all questions of law and fact arising
in any divorce proceeding under the provisions of this chapter.
[29:33:1861; A 1939, 18; 1931 NCL § 9467]—(NRS A 1963, 543)
In any action
for divorce the court shall, upon demand of either party, direct that the
trial and issue or issues of fact joined therein be private, and upon
such direction all persons shall be excluded from the court or chambers
wherein the action is tried, except the officers of the court, the
parties, and their witnesses and counsel.
[43:19:1865; B § 948; BH § 2462; C § 2543; RL § 4863; NCL § 8405] +
[3:222:1931; 1931 NCL § 9467.05]
Except in a
summary proceeding for divorce, the proceedings, pleadings and practice
must conform to the Nevada Rules of Civil Procedure as nearly as
conveniently possible, but all preliminary and final orders may be in
such form as best effects the object of this chapter, and produces
substantial justice.
[26:33:1861; B § 219; BH § 495; C § 506; RL § 5842; NCL §
9464]—(NRS A 1983, 416; 1985, 981)
1. When ordered by the court, the evidence in divorce actions
shall be reported and transcribed and the transcript thereof filed with
the pleadings in the case.
2. The cost of such transcript shall be immediately computed by
the reporter and paid by the party ordered by the court to do so to the
clerk of the court, who shall pay the same to the reporter upon receiving
from the latter the transcript of evidence.
3. In all cases heretofore or hereafter where a transcript of
evidence has not been filed due to the death of the reporter, and a
period of not less than 5 years has elapsed and no claim has been made
during that period by any party, the amount of money on deposit with the
clerk, and payable to such reporter if a transcript of the evidence had
been filed, shall be, by the clerk, paid to the county treasurer, who
shall deposit the same in the county general fund.
[Part 1:352:1953]—(NRS A 1957, 270)
1. In any action for divorce, the following papers and pleadings
in the action shall be open to public inspection in the clerk’s office:
(a) In case the complaint is not answered by the defendant, the
summons, with the affidavit or proof of service; the complaint with
memorandum endorsed thereon that the default of the defendant in not
answering was entered, and the judgment; and in case where service is
made by publication, the affidavit for publication of summons and the
order directing the publication of summons.
(b) In all other cases, the pleadings, the finding of the court,
any order made on motion as provided in Nevada Rules of Civil Procedure,
and the judgment.
2. All other papers, records, proceedings and evidence, including
exhibits and transcript of the testimony, shall, upon the written request
of either party to the action, filed with the clerk, be sealed and shall
not be open to inspection except to the parties or their attorneys, or
when required as evidence in another action or proceeding.
[1:222:1931; 1931 NCL § 9467.03]—(NRS A 1963, 544)
In any
action for divorce when it appears to the court that grounds for divorce
exist, the court in its discretion may grant a divorce to either party.
[30:33:1861; added 1931, 179; 1931 NCL § 9467.01]—(NRS A 1957, 150;
1959, 778; 1973, 736)
An application for a decree of divorce by default may be made
by affidavit unless the court requires oral testimony of the witnesses.
If there is a marital settlement agreement, it must be identified in the
affidavit and attached to the affidavit as an exhibit. Any affidavit made
to support the application, including an affidavit to corroborate
residency, must:
1. Be based upon the personal knowledge of the affiant;
2. Contain only facts which would be admissible in evidence;
3. Give factual support to each allegation in the application; and
4. Establish that the affiant is competent to testify to the
contents of the affidavit.
(Added to NRS by 1985, 981; A 1987, 1179)
1. A judgment or decree of divorce granted pursuant to the
provisions of this chapter is a final decree.
2. Whenever a decree of divorce from the bonds of matrimony is
granted in this State by a court of competent authority, the decree fully
and completely dissolves the marriage contract as to both parties.
3. A court that grants a decree of divorce pursuant to the
provisions of this section shall ensure that the social security numbers
of both parties are:
(a) Provided to the Division of Welfare and Supportive Services of
the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as
otherwise required to carry out a specific statute, maintained in a
confidential manner.
4. In all suits for divorce, if a divorce is granted, the court
may, for just and reasonable cause and by an appropriate order embodied
in its decree, change the name of the wife to any former name which she
has legally borne.
[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159; 1915, 26; 1921,
2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL § 9460] +
[28:33:1861; A 1939, 18; 1931 NCL § 9466]—(NRS A 1975, 247; 1997, 2288;
1999, 2679 )
1. In any action for divorce, at any time more than 10 days before
trial, a party may serve upon the opposing party a written offer to allow
a decree to be entered concerning the property rights of the parties in
accordance with the terms and conditions of the offer.
2. If an offer made by a party pursuant to this section is
accepted by the opposing party and approved by the court, the court
shall, upon entry of the decree of divorce, enter judgment in accordance
with the terms and conditions of the offer.
3. If an offer made by a party pursuant to this section is not
accepted by the opposing party before trial or within 10 days after it is
made, whichever occurs first, the offer shall be deemed rejected and
cannot be given in evidence upon the trial. The rejection of an offer
does not preclude either party from making another offer pursuant to this
section.
4. If an offer is deemed rejected pursuant to subsection 3 and the
party who rejected the offer fails to obtain a more favorable judgment
concerning the property rights that would have been resolved by the offer
if it had been accepted, the court may do any or all of the following:
(a) Order the party who rejected the offer to pay the taxable costs
of the opposing party that relate to the adjudication of those property
rights.
(b) Order the party who rejected the offer to pay the reasonable
attorney’s fees incurred by the opposing party after the date of the
offer that relate to the adjudication of those property rights.
(c) Prohibit the party who rejected the offer from recovering any
costs or attorney’s fees that relate to the adjudication of those
property rights, except that the court may not, pursuant to the
provisions of this paragraph, prohibit the party from recovering any
preliminary attorney’s fees that were awarded to the party during the
pendency of the divorce action.
5. In determining whether to take any action described in
subsection 4, the court shall consider:
(a) Whether each party was represented by counsel when the offer
was made;
(b) Whether the issues related to the property rights of the
parties were conducive to an offer made pursuant to this section;
(c) Whether the offer was made in good faith and was reasonable
with respect to its timing and its amount;
(d) Whether rejection of the offer was done in bad faith or was
grossly unreasonable;
(e) Whether, during the pendency of the divorce action, the conduct
of the party who rejected the offer or his counsel furthered or
frustrated the policy of the law to promote settlement of litigation and
to reduce the costs of litigation by encouraging cooperation between the
parties and their counsel;
(f) Whether the judgment differs from the terms and conditions of
the offer in such a manner, with respect to the property rights that
would have been resolved by the offer if it had been accepted, that the
court cannot make a clear determination whether the party failed to
obtain a more favorable judgment concerning those property rights; and
(g) Whether the divorce action involved so many changes in the
issues that the court cannot make a clear determination whether the party
failed to obtain a more favorable judgment concerning the property rights
that would have been resolved by the offer if it had been accepted.
6. The provisions of this section do not apply to any issues
related to the custody of a child, the support of a child or the support
of a spouse. If any offer that is made by a party pursuant to this
section includes any such issue, the offer shall be deemed to be void in
its entirety and all terms and conditions of the offer, including,
without limitation, all terms and conditions related to the property
rights of the parties, shall be deemed to have no force or effect
pursuant to this section.
(Added to NRS by 1999, 2022 )
Except as otherwise
provided in NRS 125.155 and unless the
action is contrary to a premarital agreement between the parties which is
enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a
specified principal sum or as specified periodic payments, as appears
just and equitable; and
(b) Shall, to the extent practicable, make an equal disposition of
the community property of the parties, except that the court may make an
unequal disposition of the community property in such proportions as it
deems just if the court finds a compelling reason to do so and sets forth
in writing the reasons for making the unequal disposition.
2. Except as otherwise provided in this subsection, in granting a
divorce, the court shall dispose of any property held in joint tenancy in
the manner set forth in subsection 1 for the disposition of community
property. If a party has made a contribution of separate property to the
acquisition or improvement of property held in joint tenancy, the court
may provide for the reimbursement of that party for his contribution. The
amount of reimbursement must not exceed the amount of the contribution of
separate property that can be traced to the acquisition or improvement of
property held in joint tenancy, without interest or any adjustment
because of an increase in the value of the property held in joint
tenancy. The amount of reimbursement must not exceed the value, at the
time of the disposition, of the property held in joint tenancy for which
the contribution of separate property was made. In determining whether to
provide for the reimbursement, in whole or in part, of a party who has
contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint
tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a
just and equitable disposition of that property.
Ê As used in this subsection, “contribution” includes a down payment, a
payment for the acquisition or improvement of property, and a payment
reducing the principal of a loan used to finance the purchase or
improvement of property. The term does not include a payment of interest
on a loan used to finance the purchase or improvement of property, or a
payment made for maintenance, insurance or taxes on property.
3. Except as otherwise provided in NRS 125.141 , whether or not application for suit money has
been made under the provisions of NRS 125.040 , the court may award a reasonable attorney’s
fee to either party to an action for divorce if those fees are in issue
under the pleadings.
4. In granting a divorce, the court may also set apart such
portion of the husband’s separate property for the wife’s support, the
wife’s separate property for the husband’s support or the separate
property of either spouse for the support of their children as is deemed
just and equitable.
5. In the event of the death of either party or the subsequent
remarriage of the spouse to whom specified periodic payments were to be
made, all the payments required by the decree must cease, unless it was
otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or
an agreement by the parties settling their property rights has been
approved by the court, whether or not the court has retained jurisdiction
to modify them, the adjudication of property rights, and the agreements
settling property rights, may nevertheless at any time thereafter be
modified by the court upon written stipulation signed and acknowledged by
the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties
which was ratified, adopted or approved in a decree of divorce, provides
for specified periodic payments of alimony, the decree or agreement is
not subject to modification by the court as to accrued payments. Payments
pursuant to a decree entered on or after July 1, 1975, which have not
accrued at the time a motion for modification is filed may be modified
upon a showing of changed circumstances, whether or not the court has
expressly retained jurisdiction for the modification. In addition to any
other factors the court considers relevant in determining whether to
modify the order, the court shall consider whether the income of the
spouse who is ordered to pay alimony, as indicated on the spouse’s
federal income tax return for the preceding calendar year, has been
reduced to such a level that the spouse is financially unable to pay the
amount of alimony he has been ordered to pay.
8. In granting a divorce the court shall consider the need to
grant alimony to a spouse for the purpose of obtaining training or
education relating to a job, career or profession. In addition to any
other factors the court considers relevant in determining whether such
alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained
greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided
financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant
to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within
which the spouse who is the recipient of the alimony must commence the
training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed
circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted,
in addition to any other alimony granted by the court, money to provide
for:
(1) Testing of the recipient’s skills relating to a job,
career or profession;
(2) Evaluation of the recipient’s abilities and goals
relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific
plan for training or education relating to a job, career or profession;
(4) Subsidization of an employer’s costs incurred in
training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to
the recipient’s goals for his career; or
(III) Courses of training in skills desirable for
employment.
10. For the purposes of this section, a change of 20 percent or
more in the gross monthly income of a spouse who is ordered to pay
alimony shall be deemed to constitute changed circumstances requiring a
review for modification of the payments of alimony. As used in this
subsection, “gross monthly income” has the meaning ascribed to it in NRS
125B.070 .
[Part 25:33:1861; A 1939, 18; 1943, 117; 1949, 54; 1943 NCL §
9463]—(NRS A 1961, 401; 1975, 1588; 1979, 1821; 1989, 744, 1005; 1993,
240, 2550; 1995, 1968; 1999, 2023 ; 2003, 544 )
Unless the action is contrary to a premarital
agreement between the parties which is enforceable pursuant to chapter
123A of NRS or is prohibited by specific
statute:
1. In determining the value of an interest in or entitlement to a
pension or retirement benefit provided by the Public Employees’
Retirement System pursuant to chapter 286 of
NRS or the Judicial Retirement Plan established pursuant to NRS 1A.300
, the court:
(a) Shall base its determination upon the number of years or
portion thereof that the contributing party was employed and received the
interest or entitlement, beginning on the date of the marriage and ending
on the date on which a decree of legal separation or divorce is entered;
and
(b) Shall not base its determination upon any estimated increase in
the value of the interest or entitlement resulting from a promotion,
raise or any other efforts made by the party who contributed to the
interest or entitlement as a result of his continued employment after the
date of a decree of legal separation or divorce.
2. The court may, in making a disposition of a pension or
retirement benefit provided by the Public Employees’ Retirement System or
the Judicial Retirement Plan, order that the benefit not be paid before
the date on which the participating party retires. To ensure that the
party who is not a participant will receive payment for the benefits, the
court may:
(a) On its own motion or pursuant to an agreement of the parties,
require the participating party to furnish a performance or surety bond,
executed by the participating party as principal and by a corporation
qualified under the laws of this state as surety, made payable to the
party who is not a participant under the plan, and conditioned upon the
payment of the pension or retirement benefits. The bond must be in a
principal sum equal to the amount of the determined interest of the
nonparticipating party in the pension or retirement benefits and must be
in a form prescribed by the court.
(b) On its own motion or pursuant to an agreement of the parties,
require the participating party to purchase a policy of life insurance.
The amount payable under the policy must be equal to the determined
interest of the nonparticipating party in the pension or retirement
benefits. The nonparticipating party must be named as a beneficiary under
the policy and must remain a named beneficiary until the participating
party retires.
(c) Pursuant to an agreement of the parties, increase the value of
the determined interest of the nonparticipating party in the pension or
retirement benefit as compensation for the delay in payment of the
benefit to that party.
(d) On its own motion or pursuant to an agreement of the parties,
allow the participating party to provide any other form of security which
ensures the payment of the determined interest of the nonparticipating
party in the pension or retirement benefit.
3. If a party receives an interest in or an entitlement to a
pension or retirement benefit which the party would not otherwise have an
interest in or be entitled to if not for a disposition made pursuant to
this section, the interest or entitlement and any related obligation to
pay that interest or entitlement terminates upon the death of either
party unless pursuant to:
(a) An agreement of the parties; or
(b) An order of the court,
Ê a party who is a participant in the Public Employees’ Retirement System
or the Judicial Retirement Plan provides an alternative to an unmodified
service retirement allowance pursuant to NRS 1A.450 or 286.590 .
(Added to NRS by 1995, 1967; A 2001 Special Session, 92 )
1. When either party to an action for divorce, makes default in
paying any sum of money as required by the judgment or order directing
the payment thereof, the district court may make an order directing entry
of judgment for the amount of such arrears, together with costs and a
reasonable attorney’s fee.
2. The application for such order shall be upon such notice to the
defaulting party as the court may direct.
3. The judgment may be enforced by execution or in any other
manner provided by law for the collection of money judgments.
4. The relief herein provided for is in addition to any other
remedy provided by law.
[Part 1:147:1953; A 1955, 182]—(NRS A 1975, 1589)
A
marriage may be dissolved by the summary procedure for divorce set forth
in NRS 125.181 to 125.184 , inclusive, when all of the following
conditions exist at the time the proceeding is commenced:
1. Either party has met the jurisdictional requirements of NRS
125.020 .
2. The husband and wife have lived separate and apart for 1 year
without cohabitation or they are incompatible.
3. There are no minor children of the relationship of the parties
born before or during the marriage or adopted by the parties during the
marriage and the wife, to her knowledge, is not pregnant, or the parties
have executed an agreement as to the custody of any children and setting
forth the amount and manner of their support.
4. There is no community or joint property or the parties have
executed an agreement setting forth the division of community property
and the assumption of liabilities of the community, if any, and have
executed any deeds, certificates of title, bills of sale or other
evidence of transfer necessary to effectuate the agreement.
5. The parties waive any rights to spousal support or the parties
have executed an agreement setting forth the amount and manner of spousal
support.
6. The parties waive their respective rights to written notice of
entry of the decree of divorce, to appeal, to request findings of fact
and conclusions of law and to move for a new trial.
7. The parties desire that the court enter a decree of divorce.
(Added to NRS by 1983, 415; A 1987, 1180)
1. A summary proceeding for divorce may be commenced by filing in
any district court a joint petition, signed under oath by both the
husband and the wife, stating that as of the date of filing, every
condition set forth in NRS 125.181 has
been met and specifying the:
(a) Facts which support the jurisdictional requirements of NRS
125.020 ; and
(b) Grounds for the divorce.
2. The petition must also state:
(a) The date and the place of the marriage.
(b) The mailing address of both the husband and the wife.
(c) Whether there are minor children of the relationship of the
parties born before or during the marriage or adopted by the parties
during the marriage, or the wife, to her knowledge, is pregnant.
(d) Whether the wife elects to have her maiden or former name
restored and, if so, the name to be restored.
3. An affidavit of corroboration of residency which complies with
the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition. If there is a
marital settlement agreement which the parties wish the court to approve
or make a part of the decree, it must be identified and attached to the
petition as an exhibit.
(Added to NRS by 1983, 415; A 1987, 1180)
1. At any time before the entry of a final judgment, either party
to the marriage may revoke the joint petition and thereby terminate the
summary proceeding for divorce.
2. The revocation may be effected by filing a notice of revocation
with the clerk of the court in which the proceeding was commenced.
3. The revoking party shall send a copy of the notice of
revocation to the other party by first-class mail, postage prepaid, at
his last known address.
(Added to NRS by 1983, 415)
1. Entry of the final judgment upon a petition for a summary
proceeding for divorce constitutes a final adjudication of the rights and
obligations of the parties with respect to the status of the marriage and
the property rights of the parties and waives the respective rights of
the parties to written notice of entry of the judgment or decree, to
appeal, to request findings of fact and conclusions of law and to move
for a new trial.
2. A final judgment entered pursuant to this section does not
prejudice or bar the rights of either of the parties to institute an
action to set aside the final judgment for fraud, duress, accident,
mistake or other grounds recognized at law or in equity.
(Added to NRS by 1983, 416; A 1987, 1181)
No divorce from the
bonds of matrimony heretofore or hereafter granted by a court of
competent jurisdiction of the State of Nevada, which divorce is valid and
binding upon each of the parties thereto, may be contested or attacked by
third persons not parties thereto.
(Added to NRS by 1959, 554)
SEPARATE MAINTENANCE
When a person has any cause of action for divorce or when
he has been deserted and the desertion has continued for 90 days, he may,
without applying for a divorce, maintain in the district court an action
against his spouse for permanent support and maintenance of himself and
their children.
[1:97:1913; 1919 RL p. 3365; NCL § 9468]—(NRS A 1981, 184)
1. Except as otherwise provided in subsection 2, during the
pendency of an action brought pursuant to NRS 125.190 , the court may, in its discretion, require
either spouse to pay any money necessary for the prosecution of the
action and for the support and maintenance of the other spouse and their
children.
2. The court may not require either spouse to pay for the support
or maintenance of the other spouse if it is contrary to a premarital
agreement between the parties which is enforceable pursuant to chapter
123A of NRS.
[2:97:1913; 1919 RL p. 3365; NCL § 9469]—(NRS A 1981, 184; 1989,
1007)
1. Except as otherwise provided in subsection 2, in any action
brought pursuant to NRS 125.190 , the
court may:
(a) Assign and decree to either spouse the possession of any real
or personal property of the other spouse;
(b) Order or decree the payment of a fixed sum of money for the
support of the other spouse and their children;
(c) Provide that the payment of that money be secured upon real
estate or other security, or make any other suitable provision; and
(d) Determine the time and manner in which the payments must be
made.
2. The court may not:
(a) Assign and decree to either spouse the possession of any real
or personal property of the other spouse; or
(b) Order or decree the payment of a fixed sum of money for the
support of the other spouse,
Ê if it is contrary to a premarital agreement between the spouses which
is enforceable pursuant to chapter 123A of
NRS.
3. Except as otherwise provided in chapter 130 of NRS, the court may change, modify or revoke its
orders and decrees from time to time.
4. No order or decree is effective beyond the joint lives of the
husband and wife.
[3:97:1913; 1919 RL p. 3366; NCL § 9470]—(NRS A 1981, 184; 1989,
1007; 1997, 2288, 2289)
1. At any time after the filing of the complaint, the complaining
spouse may record a notice of pendency of the action in the office of the
county recorder of any county in which the other spouse may have real
property. The notice has the same effect as notice in actions directly
affecting real property.
2. The court may enjoin either spouse from disposing of any
property during the pendency of the action.
[4:97:1913; 1919 RL p. 3366; NCL § 9471]—(NRS A 1981, 185; 2001,
1756 )
1. The court in such actions may make such preliminary and final
orders as it may deem proper for the custody, control and support of any
minor child or children of the parties.
2. A court that enters an order pursuant to subsection 1 for the
support of any minor child or children shall ensure that the social
security numbers of the parties are:
(a) Provided to the Division of Welfare and Supportive Services of
the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as
otherwise required to carry out a specific statute, maintained in a
confidential manner.
[5:97:1913; 1919 RL p. 3366; NCL § 9472]—(NRS A 1997, 2289; 1999,
2680 )
The
final judgment and any order made before or after judgment may be
enforced by the court by such order as it deems necessary. A receiver may
be appointed, security may be required, execution may issue, real or
personal property of either spouse may be sold as under execution in
other cases, and disobedience of any order may be punished as a contempt.
[6:97:1913; 1919 RL p. 3366; NCL § 9473]—(NRS A 1981, 185)
In
all cases commenced under NRS 125.190
to 125.280 , inclusive, the proceedings
and practice must be the same, as nearly as may be, as those provided in
actions for divorce. Suit may be brought in the county in which either
party resides at the time the suit is commenced, or in the county in
which the spouse may be found.
[7:97:1913; 1919 RL p. 3366; NCL § 9474]—(NRS A 1981, 185)
1. When ordered by the court, the evidence in separate maintenance
actions shall be reported and transcribed and the transcript thereof
filed with the pleadings in the case.
2. The cost of such transcript shall be immediately computed by
the reporter and paid by the party ordered by the court to do so to the
clerk of the court, who shall pay the same to the reporter upon receiving
from the latter the transcript of evidence.
3. In all cases heretofore or hereafter where a transcript of
evidence has not been filed due to the death of the reporter, and a
period of not less than 5 years has elapsed and no claim has been made
during that period by any party, the amount of money on deposit with the
clerk, and payable to such reporter if a transcript of the evidence had
been filed, shall be, by the clerk, paid to the county treasurer, who
shall deposit the same in the county general fund.
[Part 1:352:1953]—(NRS A 1957, 271)
1. In separate maintenance actions, installment judgments for
support shall not be subject to modification as to accrued installments,
but only as to installments not accrued at the time a motion for
modification is filed.
2. The provisions of this section shall not preclude the parties
from entering into a stipulation as to accrued installments prior to the
time a motion for modification is filed.
[Part 1:79:1949; 1943 NCL § 9474.01]
1. In an action for separation, where payment of any sum of money
required by judgment or order is in default, the district court may make
an order directing the entry of judgment for the amount of the arrears,
together with costs and disbursements not to exceed $10 and a reasonable
attorney’s fee.
2. The application for such order must be upon such notice to the
parties as the court may direct.
3. The judgment may be enforced by execution or in any other
manner provided by law for the collection of money judgments.
4. The relief herein provided for is in addition to any other
remedy a party has under the law.
[Part 1:147:1953; A 1955, 182]—(NRS A 1981, 185)
ANNULMENT
All marriages which are prohibited by
law because of:
1. Consanguinity between the parties; or
2. Either of the parties having a former husband or wife then
living, if solemnized within this State,
Ê are void without any decree of divorce or annulment or other legal
proceedings. A marriage void under this section shall not bar prosecution
for the crime of bigamy pursuant to NRS 201.160 .
[18:33:1861; B § 211; BH § 487; C § 498; RL § 2354; NCL §
4066]—(NRS A 1959, 195; 1967, 531; 1973, 201)
A marriage
may be annulled for any of the causes provided in NRS 125.320 to 125.350 ,
inclusive.
[Part 1:147:1931; A 1951, 58]—(NRS A 1959, 196)
1. When the consent of the father, mother, guardian or district
court, as required by NRS 122.020 or
122.025 , has not been obtained, the
marriage is void from the time its nullity is declared by a court of
competent jurisdiction.
2. If the consent required by NRS 122.020 or 122.025
is not first obtained, the marriage contracted without the consent of the
father, mother, guardian or district court may be annulled upon
application by or on behalf of the person who fails to obtain such
consent, unless such person after reaching the age of 18 years freely
cohabits for any time with the other party to the marriage as husband and
wife. Any such annulment proceedings must be brought within 1 year after
such person reaches the age of 18 years.
[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051]
+ [Part 19:33:1861; A 1947, 445; 1943 NCL § 4067] + [Part 20:33:1861; A
1947, 445; 1943 NCL § 4068]—(NRS A 1973, 1578; 1975, 1818; 1977, 275)
1. When either of the parties to a marriage for want of
understanding shall be incapable of assenting thereto, the marriage shall
be void from the time its nullity shall be declared by a court of
competent authority.
2. The marriage of any insane person shall not be adjudged void,
after his restoration to reason, if it shall appear that the parties
freely cohabited together as husband and wife after such insane person
was restored to a sound mind.
[Part 19:33:1861; A 1947, 445; 1943 NCL § 4067] + [20:33:1861; A
1947, 445; 1943 NCL § 4068]
1. If the consent of either party was obtained by fraud and fraud
has been proved, the marriage shall be void from the time its nullity
shall be declared by a court of competent authority.
2. No marriage may be annulled for fraud if the parties to the
marriage voluntarily cohabit as husband and wife having received
knowledge of such fraud.
[Part 19:33:1861; A 1947, 445; 1943 NCL § 4067]
A marriage may be annulled for any cause which is a
ground for annulling or declaring void a contract in a court of equity.
[Part 1:147:1931; A 1951, 58]
Annulment of marriages contracted, performed
or entered into within the State of Nevada may be obtained by complaint,
under oath, to any district court of the State of Nevada for any cause
provided by law for annulment of marriage.
[Part 1:147:1931; A 1951, 58]
1. Annulment of marriages contracted, performed or entered into
without the State of Nevada may, for any cause provided by law for
annulment of marriage, be obtained by complaint, under oath, to the
district court of any county if the plaintiff shall have resided 6 weeks
in the State before suit be brought; otherwise, by complaint, under oath,
to the district court of the county in which:
(a) The defendant shall reside or be found; or
(b) The plaintiff shall reside, if the latter be the county in
which the parties last cohabited.
2. No court in this State shall have authority to annul any
marriage contracted, performed or entered into without the State of
Nevada unless one of the parties shall have resided in this State for the
period of 6 weeks before filing of the complaint.
[Part 1:147:1931; A 1951, 58] + [3:147:1931; 1931 NCL § 4070.02]
A cause of action for annulment may be pleaded in the same
complaint with a cause of action for divorce.
[Part 1:147:1931; A 1951, 58]
Any
action brought in this State for annulment of marriage shall be an action
in rem, and in addition to annulling or declaring the contract of
marriage void the courts shall regulate and determine the status of the
parties.
[2:147:1931; 1931 NCL § 4070.01]
In any suits brought under this
chapter for annulment of marriage, process shall be served in the same
manner as in actions at law, and the courts shall have the same power
upon a substituted or constructive service of process to annul a marriage
and regulate and determine the status of the parties as they would have
had if process had been personally served.
[4:147:1931; 1931 NCL § 4070.03]
1. Nothing in this chapter shall be construed so as to make the
issue of any marriage illegitimate if the person or persons shall not be
of lawful age.
2. The issue of all marriages deemed null in law shall be
legitimate.
[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051]
+ [Part 298:107:1941; 1931 NCL § 9882.298]
In any suit in this State for an annulment of marriage in
anywise affected by the law of another state, it shall be presumed that
the law of such other state is the same as the law of this State, unless
and until the law of such other state shall be alleged and proved.
[5:147:1931; 1931 NCL § 4070.04]
1. When ordered by the court, the evidence in annulment of
marriage actions shall be reported and transcribed and the transcript
thereof filed with the pleadings in the case.
2. The cost of such transcript shall be immediately computed by
the reporter and paid by the party ordered by the court to do so to the
clerk of the court, who shall pay the same to the reporter upon receiving
from the latter the transcript of evidence.
3. In all cases heretofore or hereafter where a transcript of
evidence has not been filed due to the death of the reporter, and a
period of not less than 5 years has elapsed and no claim has been made
during that period by any party, the amount of money on deposit with the
clerk, and payable to such reporter if a transcript of the evidence had
been filed, shall be, by the clerk, paid to the county treasurer, who
shall deposit the same in the county general fund.
[Part 1:352:1953]—(NRS A 1957, 271)
1. When either party to an action for annulment or declaration of
nullity of a void marriage, makes default in paying any sum of money as
required by the judgment or order directing the payment thereof, the
district court may make an order directing the entry of judgment for the
amount of such arrears, together with costs and a reasonable attorney’s
fee.
2. The application for such order shall be upon such notice to the
defaulting party as the court may direct.
3. The judgment may be enforced by execution or in any other
manner provided by law for the collection of money judgments.
4. The relief herein provided for is in addition to any other
remedy provided by law.
[Part 1:147:1953; A 1955, 182]—(NRS A 1975, 1818)
CUSTODY OF CHILDREN
1. No court may grant a divorce, separate maintenance or annulment
pursuant to this chapter, if there are one or more minor children
residing in this State who are the issue of the relationship, without
first providing for the medical and other care, support, education and
maintenance of those children as required by chapter 125B of NRS.
2. Every order for the support of a child issued or modified after
January 1, 1990, must include an order directing the withholding or
assignment of income for the payment of the support unless one of the
parties demonstrates and the court finds good cause for the postponement
of the withholding or assignment or all parties otherwise agree in
writing. Such an order for withholding or assignment must be carried out
in the manner provided in chapter 31A of
NRS for the withholding or assignment of income.
(Added to NRS by 1983, 1875; A 1985, 1430; 1987, 2250; 1989, 669;
1997, 2289)
The Legislature declares that it is the
policy of this State:
1. To ensure that minor children have frequent associations and a
continuing relationship with both parents after the parents have become
separated or have dissolved their marriage; and
2. To encourage such parents to share the rights and
responsibilities of child rearing.
(Added to NRS by 1981, 283)—(Substituted in revision for NRS
125.132)
If a court has not made a determination regarding the
custody of a child and the parents of the child are married to each
other, each parent has joint legal custody of the child until otherwise
ordered by a court of competent jurisdiction.
(Added to NRS by 1993, 1425)
1. If, during any proceeding brought under this chapter, either
before or after the entry of a final order concerning the custody of a
minor child, it appears to the court that any minor child of either party
has been, or is likely to be, taken or removed out of this State or
concealed within this State, the court shall forthwith order such child
to be produced before it and make such disposition of the child’s custody
as appears most advantageous to and in the best interest of the child and
most likely to secure to him the benefit of the final order or the
modification or termination of the final order to be made in his behalf.
2. If, during any proceeding brought under this chapter, either
before or after the entry of a final order concerning the custody of a
minor child, the court finds that it would be in the best interest of the
minor child, the court may enter an order providing that a party may,
with the assistance of the appropriate law enforcement agency, obtain
physical custody of the child from the party having physical custody of
the child. The order must provide that if the party obtains physical
custody of the child, the child must be produced before the court as soon
as practicable to allow the court to make such disposition of the child’s
custody as appears most advantageous to and in the best interest of the
child and most likely to secure to him the benefit of the final order or
the modification or termination of the final order to be made in his
behalf.
3. If the court enters an order pursuant to subsection 2 providing
that a party may obtain physical custody of a child, the court shall
order that party to give the party having physical custody of the child
notice at least 24 hours before the time at which he intends to obtain
physical custody of the child, unless the court deems that requiring the
notice would likely defeat the purpose of the order.
4. All orders for a party to appear with a child issued pursuant
to this section may be enforced by issuing a warrant of arrest against
that party to secure his appearance with the child.
5. A proceeding under this section must be given priority on the
court calendar.
[Part 24:33:1861; A 1947, 271; 1953, 116]—(NRS A 1979, 142, 367,
368; 1993, 2136; 1999, 737 ; 2003, 1004 )
1. In determining custody of a minor child in an action brought
under this chapter, the sole consideration of the court is the best
interest of the child. If it appears to the court that joint custody
would be in the best interest of the child, the court may grant custody
to the parties jointly.
2. Preference must not be given to either parent for the sole
reason that the parent is the mother or the father of the child.
3. The court shall award custody in the following order of
preference unless in a particular case the best interest of the child
requires otherwise:
(a) To both parents jointly pursuant to NRS 125.490 or to either parent. If the court does not
enter an order awarding joint custody of a child after either parent has
applied for joint custody, the court shall state in its decision the
reason for its denial of the parent’s application.
(b) To a person or persons in whose home the child has been living
and where the child has had a wholesome and stable environment.
(c) To any person related within the third degree of consanguinity
to the child whom the court finds suitable and able to provide proper
care and guidance for the child, regardless of whether the relative
resides within this State.
(d) To any other person or persons whom the court finds suitable
and able to provide proper care and guidance for the child.
4. In determining the best interest of the child, the court shall
consider and set forth its specific findings concerning, among other
things:
(a) The wishes of the child if the child is of sufficient age and
capacity to form an intelligent preference as to his custody.
(b) Any nomination by a parent or a guardian for the child.
(c) Which parent is more likely to allow the child to have frequent
associations and a continuing relationship with the noncustodial parent.
(d) The level of conflict between the parents.
(e) The ability of the parents to cooperate to meet the needs of
the child.
(f) The mental and physical health of the parents.
(g) The physical, developmental and emotional needs of the child.
(h) The nature of the relationship of the child with each parent.
(i) The ability of the child to maintain a relationship with any
sibling.
(j) Any history of parental abuse or neglect of the child or a
sibling of the child.
(k) Whether either parent or any other person seeking custody has
engaged in an act of domestic violence against the child, a parent of the
child or any other person residing with the child.
5. Except as otherwise provided in subsection 6 or NRS 125C.210
, a determination by the court after
an evidentiary hearing and finding by clear and convincing evidence that
either parent or any other person seeking custody has engaged in one or
more acts of domestic violence against the child, a parent of the child
or any other person residing with the child creates a rebuttable
presumption that sole or joint custody of the child by the perpetrator of
the domestic violence is not in the best interest of the child. Upon
making such a determination, the court shall set forth:
(a) Findings of fact that support the determination that one or
more acts of domestic violence occurred; and
(b) Findings that the custody or visitation arrangement ordered by
the court adequately protects the child and the parent or other victim of
domestic violence who resided with the child.
6. If after an evidentiary hearing held pursuant to subsection 5
the court determines that each party has engaged in acts of domestic
violence, it shall, if possible, then determine which person was the
primary physical aggressor. In determining which party was the primary
physical aggressor for the purposes of this section, the court shall
consider:
(a) All prior acts of domestic violence involving either party;
(b) The relative severity of the injuries, if any, inflicted upon
the persons involved in those prior acts of domestic violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the parties acted in
self-defense; and
(e) Any other factors which the court deems relevant to the
determination.
Ê In such a case, if it is not possible for the court to determine which
party is the primary physical aggressor, the presumption created pursuant
to subsection 5 applies to both parties. If it is possible for the court
to determine which party is the primary physical aggressor, the
presumption created pursuant to subsection 5 applies only to the party
determined by the court to be the primary physical aggressor.
7. As used in this section, “domestic violence” means the
commission of any act described in NRS 33.018 .
(Added to NRS by 1981, 283; A 1991, 980, 1175; 1995, 330; 2005,
1678 )
1. There is a presumption, affecting the burden of proof, that
joint custody would be in the best interest of a minor child if the
parents have agreed to an award of joint custody or so agree in open
court at a hearing for the purpose of determining the custody of the
minor child or children of the marriage.
2. The court may award joint legal custody without awarding joint
physical custody in a case where the parents have agreed to joint legal
custody.
3. For assistance in making a determination whether an award of
joint custody is appropriate, the court may direct that an investigation
be conducted.
(Added to NRS by 1981, 284)—(Substituted in revision for NRS
125.136)
1. Before the court makes an order awarding custody to any person
other than a parent, without the consent of the parents, it shall make a
finding that an award of custody to a parent would be detrimental to the
child and the award to a nonparent is required to serve the best interest
of the child.
2. No allegation that parental custody would be detrimental to the
child, other than a statement of that ultimate fact, may appear in the
pleadings.
3. The court may exclude the public from any hearing on this issue.
(Added to NRS by 1981, 284)—(Substituted in revision for NRS
125.138)
1. In determining the custody of a minor child in an action
brought pursuant to this chapter, the court may, except as otherwise
provided in this section and chapter 130 of
NRS:
(a) During the pendency of the action, at the final hearing or at
any time thereafter during the minority of any of the children of the
marriage, make such an order for the custody, care, education,
maintenance and support of the minor children as appears in their best
interest; and
(b) At any time modify or vacate its order, even if the divorce was
obtained by default without an appearance in the action by one of the
parties.
Ê The party seeking such an order shall submit to the jurisdiction of the
court for the purposes of this subsection. The court may make such an
order upon the application of one of the parties or the legal guardian of
the minor.
2. Any order for joint custody may be modified or terminated by
the court upon the petition of one or both parents or on the court’s own
motion if it is shown that the best interest of the child requires the
modification or termination. The court shall state in its decision the
reasons for the order of modification or termination if either parent
opposes it.
3. Any order for custody of a minor child or children of a
marriage entered by a court of another state may, subject to the
jurisdictional requirements in chapter 125A
of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a
child must define that right with sufficient particularity to ensure that
the rights of the parties can be properly enforced and that the best
interest of the child is achieved. The order must include all specific
times and other terms of the limited right of custody. As used in this
subsection, “sufficient particularity” means a statement of the rights in
absolute terms and not by the use of the term “reasonable” or other
similar term which is susceptible to different interpretations by the
parties.
6. All orders authorized by this section must be made in
accordance with the provisions of chapter 125A of NRS and must contain the following language:
PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR
DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A
CATEGORY D FELONY AS PROVIDED IN NRS 193.130 . NRS 200.359
provides that every person having a limited right of custody to a child
or any parent having no right of custody to the child who willfully
detains, conceals or removes the child from a parent, guardian or 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 the consent of either the court or all
persons who have the right to custody or visitation is subject to being
punished for a category D felony as provided in NRS 193.130 .
7. In addition to the language required pursuant to subsection 6,
all orders authorized by this section must specify 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.
8. If a parent of the child lives in a foreign country or has
significant commitments in a foreign country:
(a) The parties may agree, and the court shall include in the order
for custody of the child, that the United States is the country of
habitual residence of the child for the purposes of applying the terms of
the Hague Convention as set forth in subsection 7.
(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 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 locating the
child and returning him to his habitual residence if the child is
wrongfully removed from or concealed outside the country of habitual
residence. The fact that a parent has significant commitments in a
foreign country does not create a presumption that the parent poses an
imminent risk of wrongfully removing or concealing the child.
9. Except where a contract providing otherwise has been executed
pursuant to NRS 123.080 , the obligation
for care, education, maintenance and support of any minor child created
by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer
enrolled in high school, otherwise, when he reaches 19 years of age.
10. As used in this section, a parent has “significant commitments
in a foreign country” if he:
(a) Is a citizen of a foreign country;
(b) Possesses a passport in his name from a foreign country;
(c) Became a citizen of the United States after marrying the other
parent of the child; or
(d) Frequently travels to a foreign country.
[Part 24:33:1861; A 1947, 271; 1953, 116]—(NRS A 1971, 363; 1973,
401; 1979, 142, 368; 1981, 284; 1985, 1298; 1987, 1444; 1991, 1421; 1995,
1243, 1492, 2287, 2387; 1997, 2289, 2291)
1. The court may, when appropriate, require the parents to submit
to the court a plan for carrying out the court’s order concerning custody.
2. Access to records and other information pertaining to a minor
child, for example, medical, dental and school records, must not be
denied to a parent for the reason that the parent is not the child’s
custodial parent.
(Added to NRS by 1981, 284)—(Substituted in revision for NRS
125.142)
ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE
1. A restraining order or injunction that is in the nature of a
temporary or extended order for protection against domestic violence
which is issued in an action or proceeding brought pursuant to this title
must provide notice that a person who is arrested for violating the order
or injunction will not be admitted to bail sooner than 12 hours after his
arrest if the arresting officer determines that such a violation is
accompanied by a direct or indirect threat of harm.
2. For the purposes of this section, an order or injunction is in
the nature of a temporary or extended order for protection against
domestic violence if it grants relief that might be given in a temporary
or extended order issued pursuant to NRS 33.017 to 33.100 ,
inclusive.
(Added to NRS by 2001, 1221 )
A person who violates a
restraining order or injunction:
1. That is in the nature of a temporary or extended order for
protection against domestic violence; and
2. That is issued in an action or proceeding brought pursuant to
this title,
Ê is guilty of a misdemeanor, unless a more severe penalty is prescribed
by law for the act that constitutes the violation of the order or
injunction. For the purposes of this section, an order or injunction is
in the nature of a temporary or extended order for protection against
domestic violence if it grants relief that might be given in a temporary
or extended order issued pursuant to NRS 33.017 to 33.100 ,
inclusive.
(Added to NRS by 1991, 980; A 1995, 1014; 1997, 36; 2001 Special
Session, 132 ; 2003, 1516 )
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