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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145 results for “NRS 125.150” in Divorce, Property & Alimony
PAUL VS. PAUL (FAMILY)
Jun 30, 202689845-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, appeal dismissed in part without prejudice, and remanded.The Court of Appeals reviewed the district court's characterization of property under the substantial evidence standard. Waldman v. Maini, 124 Nev. 1121, 1128, 195 P.3d 850, 855 (2008). Under NRS 123.220, property…
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…
SCHICK VS. SCHICK (DIVORCE PROPERTY & ALIMONY)
Jul 20, 198197 Nev. 352, 630 P.2d 1220 (1981) · 11435 · Nevada (SCOTN/COA)
Reversed and remanded for reconsideration of the property distribution.In this appeal from a final divorce decree the sole issue was whether the district court abused its discretion in distributing property. The Court (per curiam) reversed. The parties' only significant asset was a duplex…
FORREST VS. FORREST (DIVORCE PROPERTY & ALIMONY)
Aug 31, 198399 Nev. 602, 668 P.2d 275 (1983) · Nevada Supreme Court
Reversed the order denying the motion to amend judgment and remanded for further proceedings, including reconsideration of the character of the residence, consideration of alimony under the governing standards, division of the mobile home as community property, and the taking of further evidence regarding retirement benefits.Per Curiam. All property acquired after marriage is presumed community property, rebuttable only by clear and convincing evidence, NRS 123.220; Cord v. Cord, 98 Nev. 210, 644 P.2d 1026 (1982). A valid deed showing title…
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);…
BUCHANAN VS. BUCHANAN (DIVORCE PROPERTY & ALIMONY)
Jun 5, 197490 Nev. 209, 523 P.2d 1 (1974) · 7306 · Nevada Supreme Court
Affirmed.Applying the abuse-of-discretion standard, the court affirmed a divorce decree's child support award and its denial of alimony. Child support under NRS 125.140(1) turns on the child's reasonable needs and the father's…
SIRAGUSA VS. SIRAGUSA (ALIMONY)
Dec 3, 1992108 Nev. 987, 843 P.2d 807 (1992) · Nevada Supreme Court
Affirmed.Per Curiam. On appealability, the Court held that NRS 125.005(4) - which provides that a party's failure to timely object to a domestic relations referee's report precludes a later challenge in the district court - does…
POLK VS. ROWLAND
Jul 2, 202525-28834 · 86937-COA · Nevada (SCOTN/COA)
Reversed and remanded ("we reverse the district court's decisions rejecting Polk's motions to enforce the decree of divorce" and "remand for further proceedings").The Court of Appeals reviewed the district court's divorce-related rulings for abuse of discretion. It cited Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), and Schwartz v. Schwartz, 126 Nev. 87, 90,…
JOLLEY VS. JOLLEY (DIVORCE PROPERTY & ALIMONY)
May 25, 197692 Nev. 298, 549 P.2d 1407 (1976) · 8168 · Nevada Supreme Court
Affirmed.This brief per curiam opinion affirms a divorce judgment. The district court dissolved the parties' marriage and distributed the community property, and the appeal was taken, inter alia, from the property distribution.…
ALBA VS. ALBA (DIVORCE PROPERTY & ALIMONY)
Mar 30, 1995111 Nev. 426, 892 P.2d 574 (1995) · 25538 · Nevada Supreme Court
Affirmed. The division of community personal property and the award of rehabilitative alimony were affirmed.Per Curiam. The court affirmed a divorce decree's division of community personal property and award of rehabilitative alimony. Property valuation. Addressing personal-property valuation as a matter of first impression…
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…
RODRIGUEZ VS. RODRIGUEZ (DIVORCE PROPERTY & ALIMONY)
Nov 30, 2000116 Nev. 993, 13 P.3d 415 (2000) · 30223 · Nevada Supreme Court
The portion of the decree denying alimony is reversed and the matter remanded to determine a just and equitable alimony award without consideration of the wife's fault or misconduct.The court held that a district court may not consider either party's marital misconduct or fault when deciding whether to award alimony. The 1993 amendment to NRS 125.150(1), which deleted the phrase 'having regard to…
LOFGREN VS. LOFGREN (DIVORCE PROPERTY & ALIMONY)
Nov 7, 1996112 Nev. 1282, 926 P.2d 296 (1996) · 27244 · Nevada Supreme Court
Affirmed. The district court's judgment, including the unequal disposition of community property, was affirmed.By the Court, Springer, J. (Steffen, C.J., Young, Shearing, and Rose, JJ., concurring). The court affirmed an unequal disposition of community property, interpreting for the first time the 1993 amendment to NRS 125.150,…
JOHNSON VS. JOHNSON (DIVORCE PROPERTY & ALIMONY)
Jun 17, 196076 Nev. 318, 353 P.2d 449 (1960) · 4273 · Nevada Supreme Court
Affirmed. ("Judgment affirmed.")By the Court, Pike, J. On the husband's appeal from a decree granting the wife a divorce for extreme cruelty and dividing community property, the court affirmed. Although the acts of violence occurred on a single…
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…
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…
CRANMER VS. CRANMER (DIVORCE PROPERTY & ALIMONY)
Mar 11, 196379 Nev. 128, 379 P.2d 474 (1963) · 4556 · Nevada Supreme Court
Judgment modified by striking the $11,000 attorney-fee award; affirmed as modified.McNamee, J. A showing of the wife's necessitous circumstances is a prerequisite to an award of suit money or attorney fees in a divorce action (Fleming v. Fleming, 58 Nev. 179, 72 P.2d 1110 (1937)); and, as recognized…
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…
ROSENBAUM VS. ROSENBAUM (DIVORCE PROPERTY & ALIMONY)
Jul 6, 197086 Nev. 550, 471 P.2d 254 (1970) · 6035 · Nevada Supreme Court
Reversed and remanded for retrial limited to the amount of the award of alimony and child support.Two issues were presented: whether the earlier Missouri divorce trial was res judicata of the Nevada action, and whether the district court erred in refusing to consider the husband's earning capacity and 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…
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,…
DRASKOVICH VS. DRASKOVICH
Mar 21, 2024140 Nev. Adv. Op. 17, 545 P.3d 96 (2024) · 84998 · Nevada Supreme Court
Reversed in part, vacated in part, and remanded.Standard of review: factual classification of property is reviewed for substantial evidence, but application of a presumption is reviewed de novo. Waldman v. Maini, 124 Nev. 1121, 1128, 195 P.3d 850, 855 (2008). Alimony…
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…
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…
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…
HERRMANN VS. HERRMANN (CHILD CUSTODY)
Feb 8, 202424-04791 · 86246-COA · Nevada (SCOTN/COA)
Dismissed in part and affirmed in part.The court addressed jurisdiction, then reached the merits of three challenges. As to jurisdiction over the order setting a vexatious litigant hearing, the court held that no statute or court rule authorizes an appeal…
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.…
GILMAN VS. GILMAN (DIVORCE PROPERTY & ALIMONY)
Apr 9, 1998114 Nev. 416, 956 P.2d 761 (1998) · 27896, 28892 · Nevada Supreme Court
Affirmed.A ruling on a motion to modify spousal support is reviewed for abuse of discretion. DuBois v. DuBois, 92 Nev. 595, 555 P.2d 839 (1976). Under NRS 125.150(7), unaccrued alimony may be modified upon a showing of changed…
WINN VS. WINN (DIVORCE PROPERTY & ALIMONY)
Jan 16, 197086 Nev. 18, 467 P.2d 601 (1970) · 5921 · Nevada Supreme Court
Affirmed.The only questions on appeal were the propriety of the award to the wife of $4,000 in lieu of a division of property interests and $100 per month alimony, with reserved jurisdiction over the alimony; the divorce,…
LOCKETT VS. LOCKETT (DIVORCE PROPERTY & ALIMONY)
Apr 22, 195975 Nev. 229, 338 P.2d 77 (1959) · 4140 · Nevada Supreme Court
Modified and, as modified, affirmed with costs to respondent. The decree was modified to award the 1956 Pontiac automobile to the husband; in all other respects the decree was affirmed.Per Curiam. On the husband's appeal from the community-property provisions of a divorce decree, the court modified and, as modified, affirmed. The husband contended the court awarded roughly two-thirds of the community…
WILDE VS. WILDE (DIVORCE PROPERTY & ALIMONY)
Jun 4, 195874 Nev. 170, 326 P.2d 415 (1958) · 4065 · Nevada Supreme Court
Affirmed. ("Affirmed.")This was an appeal from a special order after final judgment (a 1951 divorce decree) refusing to enter satisfaction of judgment as to alimony. NRS 125.150 provides that on the death of either party or the wife's…
IN RE: JOINT PETITION OF MCKENDRY (FAMILY)
Jul 1, 202690847-COA · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part ("ORDER the judgment of the district court AFFIRMED in part, and DISMISS this appeal in part.").The Court of Appeals reviewed the district court's decisions concerning divorce proceedings for an abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), while noting that…
RUPEL VS. GALTEN
Aug 16, 202323-26776 · 84076-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed divorce-proceeding decisions for abuse of discretion, declining to disturb decisions supported by substantial evidence - "evidence that 'a sensible person may accept as adequate to sustain…
CANUL VS. CANUL (DIVORCE PROPERTY & ALIMONY)
Aug 17, 197793 Nev. 459, 567 P.2d 476 (1977) · 8509 · Nevada Supreme Court
Affirmed except as to the portion dealing with the residence and insurance policies, which was reversed and remanded for further proceedings.This per curiam opinion affirms in part and reverses in part a divorce judgment and community property distribution. On the discovery issue, appellant could not complain of the failure to compel answers to NRCP 33…
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.