Case library
Nevada family-law decisions, briefed for practice.
Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
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84 results for “NRS 125.150(2)” in Divorce, Property & Alimony
NEWCOMB VS. NEWCOMB (FAMILY)
Sep 10, 202689874-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the district court's division of property for abuse of discretion. Schwartz v. Schwartz, 126 Nev. 87, 90, 225 P.3d 1273, 1275 (2010). It emphasized, however, that "deference is not owed to…
PATTERSON VS. PATTERSON
Apr 12, 202424-12779 · 84932-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")This is an appeal from the denial of an NRCP 60(b) motion to set aside a stipulated divorce decree. The Court of Appeals reviewed the district court's ruling for abuse of discretion, noting that it "will not disturb the…
ISAAC VS. ISAAC
Oct 26, 202323-34982 · 83055 · Nevada (SCOTN/COA)
Affirmed.Standard of review. Settlement agreements are interpreted under contract principles and reviewed de novo, but the existence of a contract is a question of fact reviewed for substantial evidence. May v. Anderson, 121…
THORNE VS. THORNE (DIVORCE PROPERTY & ALIMONY)
Jun 18, 195874 Nev. 211, 326 P.2d 729 (1958) · 4050 · Nevada Supreme Court
Reversed and remanded with instructions to strike the challenged provisions. ("Reversed and remanded with instructions that paragraphs 2(a), 2(b) and 2(f) be stricken from the judgment and decree...")The husband appealed from decree provisions ordering him to pay the wife $20,000 in installments, to convey his five-eighths interest in New York real property, and to pay $2,500 in counsel fees, where the court had…
GHIBAUDO VS. KELLOGG-GHIBAUDO
Apr 21, 202222-12648 · 82248-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: The Court of Appeals reviews decisions in divorce proceedings, including spousal support awards, for an abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004),…
WILSON VS. WILSON
Jan 30, 202424-03609 · 84981-COA · Nevada (SCOTN/COA)
Reversed and remanded.The Court of Appeals reviewed the denial of attorney fees for an abuse of discretion, citing Miller v. Wilfong, 121 Nev. 619, 622, 119 P.3d 727, 729 (2005). The court noted that under Davis v. Ewalefo, 131 Nev. 445,…
SACHETTI VS. SACHETTI (FAMILY)
Apr 29, 202626-19422 · 89619-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the enforcement of an agreement-based divorce decree and an attorney-fee award. It set out the governing standards: district court decisions in divorce proceedings and on reconsideration…
LAM VS. LAM (DIVORCE PROPERTY & ALIMONY)
Dec 24, 197086 Nev. 908, 478 P.2d 146 (1970) · 6193 · Nevada Supreme Court
The order relating to child support is affirmed; the portion directing the disposition of property interests is reversed and dismissed.The controlling question was whether the husband's appearance to address child custody and support, made almost two years after the default decree (beyond NRCP 60(b) and (c)'s six-month period), also supported a…
SASSLER VS. SASSLER
Jun 17, 202424-21011 · 87017-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's alimony and property rulings for abuse of discretion, noting that decisions in divorce proceedings will not be disturbed if supported by substantial evidence — "that…
ALLEN VS. ALLEN
Dec 18, 202424-48725 · 88401-COA · Nevada (SCOTN/COA)
Affirmed.The Court of Appeals reviewed the district court's decisions in the divorce proceeding, including the property division, alimony, and NRCP 60(b) rulings, for an abuse of discretion. See Williams v. Williams, 120 Nev.…
FASSARI VS. FASSARI (FAMILY)
Oct 23, 202525-46389 · 90183-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Standard of review.** The court reviewed the district court's determination of personal jurisdiction de novo, citing Fulbright & Jaworski LLP v. Eighth Jud. Dist. Ct., 131 Nev. 30, 35, 342 P.3d 997, 1001 (2015). It…
SHANE VS. SHANE (DIVORCE PROPERTY & ALIMONY)
Jan 3, 196884 Nev. 20, 435 P.2d 753 (1968) · 5331 · Nevada Supreme Court
Affirmed. ("Affirmed.")Mowbray, J. On the husband's appeal from a decree granting the wife a divorce for extreme cruelty and awarding her $16,500 'in lieu of all her community property rights, and as and for alimony,' the court affirmed. (1)…
TAVARES VS. TAVARES
Mar 4, 202626-10136 · 88218-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's denial of an NRCP 60 motion to set aside for abuse of discretion, citing Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996). It first established the…
BELLISARIO VS. BELLISARIO (CHILD CUSTODY)
Sep 16, 202222-29109 · 84128 · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The court reviewed the procedural due process challenge de novo under Callie v. Bowling, 123 Nev. 181, 183, 160 P.3d 878, 879 (2007), and concluded that conducting trial on the noticed date did not violate due process…
BARELLI VS. BARELLI (DIVORCE PROPERTY & ALIMONY)
Aug 28, 1997113 Nev. 873; 944 P.2d 246 · 27421 · Nevada Supreme Court
Affirmed.The court resolved three issues arising from a family court judgment following a bench trial. First, on subject matter jurisdiction, the court held that under Article 6, Section 6(2)(b) of the Nevada Constitution and…
HEIM VS. HEIM (DIVORCE PROPERTY & ALIMONY)
Oct 28, 1988104 Nev. 605, 763 P.2d 678 (1988) · 18240 · Nevada Supreme Court
Reversed and remanded for a new trial on the issue of alimony; cross-appeal dismissed. (Springer, J.; Gunderson, C.J., Steffen, Young, and Mowbray, JJ., concurring.)The court reversed a $500-per-month alimony award as an abuse of discretion, holding it was not, as a matter of law, 'just and equitable' under NRS 125.150(1) following a 35-year marriage. An appellate court will…
SMITH VS. SMITH (DIVORCE PROPERTY & ALIMONY)
Mar 25, 1986102 Nev. 110, 716 P.2d 229 (1986) · 16662 · Nevada Supreme Court
Reversed and remanded for the community property to be ascertained and divided justly and equitably.The wife moved under NRCP 60(b)(2) to set aside the decree based on fraud, misrepresentation, or other misconduct. The court noted that a Rule 60(b) ruling is affirmed if sufficient evidence in the record supports it…
KORBEL VS. KORBEL (DIVORCE)
Mar 11, 1985101 Nev. 140, 696 P.2d 993 (1985) · 15491 · Nevada Supreme Court
Reversed and remanded with instructions. The court reversed the $2,500 attorney's fee award and remanded with instruction to modify the award in accordance with the opinion (i.e., to exclude the $2,000 attributable to the prior, dismissed appeal).Per Curiam (Springer, C.J., Mowbray, Steffen, Gunderson, JJ., and Zenoff, Sr. J., concurring). The husband appealed only the portion of a post-decree order awarding the wife $2,500 in attorney's fees, $2,000 of which…
Ogawa v. Ogawa
Nov 12, 2009125 Nev. 660, 221 P.3d 699 (2009) · 48571 · Nevada Supreme Court
Reversed and remanded with instructions.Standard of review. Subject matter jurisdiction is a question of law reviewed de novo. See Gosserand v. Gosserand, 230 S.W.3d 628, 631 (Mo. Ct. App. 2007); Harshberger v. Harshberger, 724 N.W.2d 148, 154 (N.D. 2006);…
BYRD VS. BYRD
Sep 30, 2021137 Nev. Adv. Op. 60, 501 P.3d 458 (Ct. App. 2021) · 80548-COA · Nevada Supreme Court
Reversed and remanded.Standard of review. The denial or grant of a motion under NRCP 60(b) is reviewed for abuse of discretion, with no deference to legal error. Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996); AA Primo…
DIMICK VS. DIMICK (DIVORCE PROPERTY & ALIMONY)
Apr 30, 1996112 Nev. 402, 915 P.2d 254 (1996) · 25828 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded. The rulings on attorney's fees and on the spousal-support credit were affirmed; the rulings on the Fort Apache property (including the $2,000 sanction) and on separate personal property were reversed, and the matter remanded for modification of the decree.Per Curiam. In this divorce appeal governed by a prenuptial agreement, the court addressed four assignments of error and affirmed in part and reversed in part. Attorney's fees. The agreement shifted fees to the…
LUCINI VS. LUCINI (DIVORCE PROPERTY & ALIMONY)
Apr 10, 198197 Nev. 213, 626 P.2d 269 (1981) · 11059 · Nevada Supreme Court
Affirmed. ("We affirm the judgment of the trial court.")This divorce appeal challenged the apportionment of marital property and the district court's rejection of a commingling/transmutation argument; the court affirmed. The disputed property was the husband's interest in…
FAUGHNAN VS. FAUGHNAN
May 17, 202424-17537 · 86279-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The court reviewed the denial of NRCP 60(b)(1) relief for abuse of discretion, citing *Willard v. Berry-Hinckley Indus.*, 136 Nev. 467, 469, 469 P.3d 176, 179 (2020). Under NRCP 60(b)(1), a district court may relieve a…
WEEKS VS. WEEKS (DIVORCE PROPERTY & ALIMONY)
Oct 19, 195975 Nev. 411, 345 P.2d 228 (1959) · 4183 · Nevada Supreme Court
Modified and affirmed. ("As so modified, the judgment appealed from is affirmed. Respondent to recover her costs.")On this second appeal from a post-remand judgment in a divorce action, the court addressed (1) the procedure of reassigning the case for redistribution to a judge who had not heard the original testimony, and (2) an…
SMITH VS. SMITH (DIVORCE PROPERTY & ALIMONY)
Dec 6, 1984100 Nev. 610, 691 P.2d 428 (1984) · 15078 · Nevada Supreme Court
Affirmed. ("Accordingly, the orders of the district court are affirmed.")Per Curiam. On the husband's appeal from post-judgment orders denying return of monies paid, holding him in contempt, and requiring him to execute a promissory note and deed of trust and to pay attorney's fees, the…
SMITH VS. SMITH (CHILD CUSTODY)
Oct 24, 202525-46489 · 89755-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed Ronald's procedural due process arguments for plain error, citing Hamm v. Arrowcreek Homeowners' Ass'n, 124 Nev. 290, 300, 183 P.3d 895, 903 (2008), abrogated on other grounds by Saticoy…
BUCK VS. BUCK
Sep 13, 202424-33772 · 85283 · Nevada (SCOTN/COA)
Decree and post-decree order AFFIRMED.Standard of review. The court reviewed the district court's property characterization and disposition for abuse of discretion. Kogod v. Cioffi-Kogod, 135 Nev. 64, 75, 439 P.3d 397, 406 (2019). "An abuse of discretion…
MAMONE VS. MAMONE
May 18, 202323-15697 · 83006-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded. ("we affirm the district court's judgment as to the application of Pereira, and as to the characterization of the parties' vehicles, tax overpayment, and Shane's SEP IRA as community property. However, we reverse the calculation of the parties' community property interest in SCM and remand for entry of an amended decree of divorce in accordance with this order.")**Standard of review.** The court reviews decisions made in a divorce decree for abuse of discretion, and will uphold the district court's determinations if supported by substantial evidence. Devries v. Gallio, 128 Nev.…
BARBER VS. BARBER (CHILD CUSTODY)
Feb 17, 202222-05304 · 83201-COA · Nevada (SCOTN/COA)
Reversed and remanded ("ORDER this matter REVERSED AND REMAND to the district court for proceedings consistent with this order").Standard of review: A motion to set aside a default judgment "is addressed largely to the sound discretion of the court, and will not be disturbed on review unless there has been an abuse of discretion." Cicerchia v.…
GORDEN VS. GORDEN (DIVORCE PROPERTY & ALIMONY)
Sep 19, 197793 Nev. 494, 569 P.2d 397 (1977) · 8696 · Nevada Supreme Court
Affirmed.The court (Breen, D.J.) affirmed a divorce property division despite the district court's failure to make express findings classifying each asset. Where express findings are absent, the Supreme Court will imply findings…
LEMKUIL VS. LEMKUIL (DIVORCE PROPERTY & ALIMONY)
Jun 30, 197692 Nev. 423, 551 P.2d 427 (1976) · 7931 and 8037 · Nevada Supreme Court
Reversed and remanded in part (the divorce action, with instructions to award all arrearages accrued under the agreement to the date of the divorce decree); affirmed in part (the dismissal of the collateral action).The court (Mowbray, J.) decided a consolidated appeal arising from a divorce action and a collateral action to enforce a 1966 separation and property settlement agreement. The agreement required Norman to pay $400 per…
GIORGI VS. GIORGI (DIVORCE PROPERTY & ALIMONY)
Jan 5, 196177 Nev. 1, 358 P.2d 115 (1961) · 4307 · Nevada Supreme Court
Modified and, as modified, affirmed, with costs to appellant. ("It is ordered that the provisions of the judgment be modified accordingly and, as so modified, the judgment is affirmed, with costs to appellant.")On the wife's appeal from the property portion of a divorce decree, the husband sought restoration of separate funds contributed toward a jointly held home. Both parties accepted that separate funds paid toward property…
LESLEY VS. LESLEY (DIVORCE)
Jun 17, 1997113 Nev. 727; 941 P.2d 451 · 29116 · Nevada Supreme Court
Reversed and remanded for further proceedings.The court reversed the denial of an NRCP 60(b)(1) motion to set aside a default divorce decree. Under NRCP 60(b), the district court has wide discretion, but that discretion cannot be sustained absent competent evidence…
MALMQUIST VS. MALMQUIST (DIVORCE PROPERTY & ALIMONY)
Apr 24, 1990106 Nev. 231, 792 P.2d 372 (1990) · Nevada Supreme Court
Affirmed in part and reversed in part; the Court reversed the apportionment of the parties' interests in the marital residence and in the improvements and remanded, while affirming the classification of the greenhouse as community property and the judgment in all other respects.Rose, J. The Court adopted, with one modification, the apportionment method of In re Marriage of Moore, 618 P.2d 208 (Cal. 1980), for determining separate and community interests in the appreciation of a residence…
Every summary is independently verified against the source opinion; summaries are informational research aids, not legal advice, and no substitute for reading the decision. Topic groupings are derived automatically from each case’s category tag and cited statutes; a case may appear under two topics.