Case library
Nevada family-law decisions, briefed for practice.
1201 decisions, organized by topic. Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
Case Library = case briefs of the decisions themselves. For long-form explainers of the governing law, Guides; for the exact quotable passages, verified verbatim, the Canon.
471 cases · Divorce, Property & Alimony - NRS ch. 125 and community property (ch. 123).
DAVIDSON VS. DAVIDSON
Sep 29, 2016132 Nev. Adv. Op. 71 (2016) · 67698 · Nevada Supreme Court
Affirmed.Standard of review: Questions of statutory construction are reviewed de novo. I. Cox Constr. Co. v. CH2 Invs., LLC, 129 Nev. 139, 142, 296 P.3d 1202, 1203 (2013). Appellate jurisdiction: The Court first held that the…
MIZRACHI VS. MIZRACHI (CHILD CUSTODY)
Sep 15, 2016132 Nev. Adv. Op. 66 (Ct. App. 2016) · 66176-COA · Nevada Supreme Court
Reversed and remanded.The Court of Appeals addressed the proper procedure for resolving a dispute over an ambiguous term in an agreement-based divorce decree governing custody. Threshold characterization: clarification vs. modification.…
HARRISON VS. HARRISON (CHILD CUSTODY)
Jul 28, 2016132 Nev. Adv. Op. 56 (2016) · 66157 · Nevada Supreme Court
Affirmed.The court reviewed the district court's denial of modification under an abuse of discretion standard. See Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). The opinion situates the analysis at the…
MICONE VS. MICONE (CHILD CUSTODY)
Mar 3, 2016132 Nev. Adv. Op. 14 (2016) · 67934 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.Standard of review: Child custody determinations are reviewed for abuse of discretion. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996). Jurisdiction over non-party custodians. The Court extended its…
DAVIS VS. EWALEFO (CHILD CUSTODY)
Jul 2, 2015131 Nev. Adv. Op. 45 (2015) · 63731 · Nevada Supreme Court
Petition for reconsideration granted; affirmed in part, reversed in part, and remanded.Standard of review: The district court has "broad discretionary power" in determining child custody, including visitation, Hayes v. Gallacher, 115 Nev. 1, 4, 972 P.2d 1138, 1140 (1999); Wallace v. Wallace, 112 Nev.…
BLUESTEIN VS. BLUESTEIN (CHILD CUSTODY)
Mar 26, 2015131 Nev. Adv. Op. 14 (2015) · 62308 · Nevada Supreme Court
Reversed and remanded.Standard of review: Custody decisions are reviewed for abuse of discretion. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996). Purely legal questions are reviewed de novo. Rennels v. Rennels, 127 Nev.…
Doan v. Wilkerson
Jun 26, 2014130 Nev. Adv. Op. 48 (2014) · 56591 · Nevada Supreme Court
Reversed.Standard of review: "This court reviews district court decisions concerning divorce proceedings for an abuse of discretion." Shydler v. Shydler, 114 Nev. 192, 196, 954 P.2d 37, 39 (1998). Rulings supported by…
Druckman v. Ruscitti
Jun 26, 2014130 Nev. Adv. Op. 50 (2014) · 60598 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.The court, per Douglas, J., en banc, addressed the custodial rights of unmarried parents where paternity has been established by voluntary acknowledgment under NRS 126.053 but no judicial custody order exists. A…
Gonzales-Alpizar v. Griffith
Jan 30, 2014130 Nev. Adv. Op. 2 (2014) · 59387 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.The court resolved two issues of first impression: (1) whether a Costa Rican spousal and child support order is enforceable in Nevada under UIFSA, codified at NRS Chapter 130, and (2) whether it may be enforced under…
St. Mary v. Damon
Oct 3, 2013129 Nev. 647, 309 P.3d 1027 (2013) · 58315 · Nevada Supreme Court
Reversed and remanded with instructions.The court reviewed the legal questions de novo, citing State Indus. Ins. Sys. v. United Exposition Servs. Co., 109 Nev. 28, 30, 846 P.2d 294, 295 (1998) ("Questions of law are reviewed de novo."). Parentage is…
Bradford v. Eighth Jud. Dist. Ct.
Aug 29, 2013129 Nev. 584, 308 P.3d 122 (2013) · 61129 · Nevada Supreme Court
Petition denied.The court's consideration of extraordinary writ relief is discretionary. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 198, 179 P.3d 556, 559 (2008). Writ relief is available only "when there is…
Weinstein v. Fox
May 30, 2013129 Nev. 377, 302 P.3d 1137 (2013) · 59396 · Nevada Supreme Court
Question answered. The court answered the certified question in the negative.The court exercised its discretion to answer a certified question under NRAP 5(a), applying the factors from Volvo Cars of N. Am., Inc. v. Ricci, 122 Nev. 746, 750-51, 137 P.3d 1161, 1164 (2006): whether the answer may…
GRISHAM VS. GRISHAM (DIVORCE PROPERTY & ALIMONY)
Dec 6, 2012128 Nev. 679, 289 P.3d 230 (2012) · 55394 (c/w 57433) · Nevada (SCOTN/COA)
Affirmed.The court affirmed a divorce decree that incorporated an unsigned property settlement agreement, holding the in-court proceedings satisfied District Court Rule 16 and removed the PSA from the statute of frauds.…
Rennels v. Rennels
Aug 4, 2011127 Nev. 564, 257 P.3d 396 (2011) · 53872 · Nevada Supreme Court
Reversed and remanded.Standard of review. The court reviews custody decisions, including visitation schedules, for an abuse of discretion, Rivero v. Rivero, 125 Nev. 410, 428, 216 P.3d 218, 226 (2009); Wallace v. Wallace, 112 Nev. 1015,…
Fernandez v. Fernandez
Feb 4, 2010126 Nev. 28, 222 P.3d 1031 (2010) · 51423 · Nevada Supreme Court
Reversed and remanded.The question presented was "whether parents can, by stipulation, eliminate or abridge a trial court's statutory authority to review and modify a child support order." The court answered no, holding that a stipulated…
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);…
Waldman v. Maini
Nov 6, 2008124 Nev. 1121, 195 P.3d 850 (2008) · 48144 · Nevada Supreme Court
Affirmed in part and reversed in part.The court (Hardesty, J., en banc) resolved a cross-appeal on the character of a closely held business interest and two issues of first impression concerning corporate claims to life insurance proceeds and the Uniform…
Rivero v. Rivero
Oct 30, 2008125 Nev. 410, 216 P.3d 213 (2009) · 46915 · Nevada Supreme Court
Reversed and remanded in part (custody determination and child support); affirmed in part (the district court's orders regarding the recusal, disqualification, and attorney fees).Standards of review: custody decisions, including visitation schedules, are reviewed for abuse of discretion (Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996)); factual findings must be supported by…
Tammila G. v. State, Department of Human Resources
Dec 28, 2006122 Nev. 1418, 148 P.3d 759 (2006) · 46438 · Nevada Supreme Court
Affirmed.Standard of review: A party petitioning to terminate parental rights must establish by clear and convincing evidence that (1) termination is in the child's best interest and (2) parental fault exists, citing NRS 128.105…
MCCLINTOCK VS. MCCLINTOCK (DIVORCE)
Jul 20, 2006122 Nev. 842, 138 P.3d 513 (2006) · 42703 · Nevada Supreme Court
Reversed and remanded. ("we reverse the district court's order.")The issue was whether a district court may use a nunc pro tunc order to change the date of a divorce decree. The court held it may not backdate a decree to a date before the matter was actually adjudicated, and…
Hudson v. Jones
Jul 13, 2006122 Nev. 708, 138 P.3d 429 (2006) · 43828 · Nevada Supreme Court
Reversed and remanded.The question presented was whether the parental preference doctrine applies to a parent's motion to modify a custody arrangement in which a nonparent holds joint legal and primary physical custody following a litigated…
IRVING VS. IRVING (DIVORCE)
May 25, 2006122 Nev. 494, 134 P.3d 718 (2006) · 44142 · Nevada Supreme Court
Reversed. ("Accordingly, we reverse the district court's order.")In this case of first impression, the court determined the burden of proof for fraud-based annulment under NRS 125.340(1), which voids a marriage where consent 'was obtained by fraud and fraud has been proved.'…
Potter v. Potter
Sep 22, 2005121 Nev. 613, 119 P.3d 1246 (2005) · 42488 · Nevada Supreme Court
Reversed and remanded with instructions.The en banc court, per Becker, C.J., addressed whether NRS 125C.200 applies to parties who share joint physical custody. The court reviewed the question de novo, noting that "Statutory interpretation is a question of…
WILLIAMS VS. WILLIAMS (DIVORCE PROPERTY & ALIMONY)
Sep 13, 2004120 Nev. 559, 97 P.3d 1124 (2004) · 40324 · Nevada Supreme Court
Affirmed in part and reversed in part. The court affirmed the equal division of property and reversed the award of spousal support.This case of first impression adopted the putative spouse doctrine in Nevada annulment proceedings and defined its scope for property division and spousal support. Divorce and annulment decisions are reviewed for abuse…
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…
KANTOR VS. KANTOR (DIVORCE PROPERTY & ALIMONY)
Sep 15, 2000116 Nev. 886, 8 P.3d 825 (2000) · 33659, 34185 · Nevada Supreme Court
Affirmed.Leave to amend a pleading is addressed to the sound discretion of the trial court and will not be reversed absent an abuse of discretion; leave should be freely given when justice requires, but may be denied for undue…
GUERIN VS. GUERIN (DIVORCE)
Feb 24, 2000116 Nev. 210, 993 P.2d 1256 (2000) · 33741 · Nevada Supreme Court
Appeal of Tracy O. Hill dismissed under the fugitive disentitlement doctrine; appeal of the Hill Family Trust dismissed for a jurisdictionally defective notice of appeal; motion to dismiss as to Charles Hill individually denied.The court applied the fugitive disentitlement doctrine to dismiss appellant Tracy Hill's appeal. An appellate court has discretion to dismiss the appeal of a party who is evading arrest under a contempt order and bench…
SCHMANSKI VS. SCHMANSKI (DIVORCE PROPERTY & ALIMONY)
Aug 27, 1999115 Nev. 247, 984 P.2d 752 (1999) · 30278 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded (division of the two trusts as community property affirmed; the Carsonite Trust determination reversed and remanded).The court held that NRS 125.150 does not irrevocably transmute separate property placed into joint tenancy into community property; NRS 125.150(2) requires only that joint-tenancy property be disposed of in the same…
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…
SMOLEN VS. SMOLEN (DIVORCE PROPERTY & ALIMONY)
Apr 9, 1998114 Nev. 342; 956 P.2d 128 · 28390 · Nevada Supreme Court
Reversed and remanded for issuance of a new order in accordance with the opinion.The Nevada Supreme Court addressed whether a divorce decree provision that community property 'shall remain in joint tenancy' prohibits a joint tenant from later unilaterally conveying his interest and severing the…
GUERIN VS. GUERIN (DIVORCE)
Feb 26, 1998114 Nev. 127, 953 P.2d 716 (1998) · 27042, 28354, 29297 · Nevada Supreme Court
Judgment in Docket No. 27042 reversed and remanded with instructions to set aside the decree; petition in Docket No. 28354 granted to the extent the district court's April 8, 1996 order affected the Hill Family Trust; orders in Docket No. 29297 affirmed.The court consolidated three matters. In the direct appeal (Docket No. 27042), the court held the default divorce decree's property division must be set aside under NRCP 60(b) because the decree was void. NRCP 55(b)(2)…
SHYDLER VS. SHYDLER (ALIMONY)
Feb 26, 1998114 Nev. 192, 954 P.2d 37 (1998) · Nevada Supreme Court
Reversed the denial of alimony and remanded to determine a fair award; reversed the trust provision and remanded for valuation and equal division of the collectibles; directed the district court to address an inconsistency in the valuation of Aztec; affirmed in all other respects, including the transmutation of Lot 54 to the husband's separate property.Shearing, J. Divorce decisions are reviewed for abuse of discretion, and rulings supported by substantial evidence will not be disturbed, Williams v. Waldman, 108 Nev. 466, 836 P.2d 614 (1992); but alimony must be 'just…
EPSTEIN VS. EPSTEIN (DIVORCE)
Dec 30, 1997113 Nev. 1401; 950 P.2d 771 · 28590 · Nevada Supreme Court
Reversed and remanded for further proceedings.The court reversed the denial of an NRCP 60(b) motion to set aside a default divorce decree on notice grounds and resolved a conflict in its default-judgment precedent. First, the threshold question was whether the…
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…
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…
PUTTERMAN VS. PUTTERMAN (DIVORCE PROPERTY & ALIMONY)
May 22, 1997113 Nev. 606; 939 P.2d 1047 · 25598 · Nevada Supreme Court
Affirmed.The court affirmed an unequal division of community property, clarifying the 'compelling reason' requirement under the 1993 amendment to NRS 125.150. As amended, NRS 125.150 requires an equal disposition of community…
BOULTER VS. BOULTER (DIVORCE PROPERTY & ALIMONY)
Jan 3, 1997113 Nev. 74; 930 P.2d 112 · 27228 · Nevada Supreme Court
Reversed; attorney's fee and cost award vacated; remanded with instructions to reconsider the property distribution and the issue of attorney's fees and costs.The Nevada Supreme Court held that a divorce decree provision equalizing the parties' Social Security benefits is unenforceable under the federal Social Security Act's anti-assignment clause, 42 U.S.C. Section 407(a),…
GRAMANZ VS. GRAMANZ (DIVORCE PROPERTY & ALIMONY)
Jan 3, 1997113 Nev. 1; 930 P.2d 753 · 25788 · Nevada Supreme Court
Affirmed in part (bonus fee liability) and reversed in part (omitted leases); remanded for a determination of Claire's interest in the three leases.The court addressed jurisdiction, division of an omitted community asset, and liability for an oral attorney bonus fee. On jurisdiction, the court held the district court did not abuse its discretion in entertaining…
SPECTOR VS. SPECTOR (DIVORCE PROPERTY & ALIMONY)
Dec 20, 1996112 Nev. 1395, 929 P.2d 964 (1996) · 27304 · Nevada Supreme Court
Reversed and remanded. The order declaring the cohabitation provision void ab initio was reversed and the matter remanded for further proceedings.Per Curiam. The court reversed a district court order that had denied a former husband's motion to terminate alimony and held the parties' contractual cohabitation provision void ab initio as against public policy.…
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,…
ALLEN VS. ALLEN (DIVORCE PROPERTY & ALIMONY)
Oct 22, 1996112 Nev. 1230; 925 P.2d 503 · 26511 · Nevada Supreme Court
Reversed; the nunc pro tunc divorce decree set aside; remanded for further proceedings on the merits.The court reversed the denial of a motion to set aside a nunc pro tunc divorce decree, holding federal bankruptcy law did not bar state-court relief. The district court had denied the wife's motion to set aside solely…
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…
COOK VS. COOK (DIVORCE PROPERTY & ALIMONY)
Feb 29, 1996112 Nev. 179; 912 P.2d 264 · 26135 · Nevada Supreme Court
Reversed; the property-settlement portion of the divorce decree vacated; remanded for proceedings consistent with the opinion (the dissolution of the marriage itself unaffected).The court reversed the denial of an NRCP 60(b) motion to vacate the property-settlement portion of a divorce decree. Review is for abuse of discretion, which cannot be sustained where there is no competent evidence to…
KERLEY VS. KERLEY (DIVORCE PROPERTY & ALIMONY)
Jan 31, 1996112 Nev. 36, 910 P.2d 279 (1996) · 23220, 23506 · Nevada Supreme Court
Rehearing granted; the issue concerning the Verde Way property remanded to the district court for further proceedings consistent with the corrected interspousal-gift standard.Per Curiam (Opinion on Rehearing). The court granted rehearing of its prior decision in Kerley v. Kerley, 111 Nev. 462, 893 P.2d 358 (1995), which had remanded the apportionment of the Verde Way real property. The prior…
KERLEY VS. KERLEY (DIVORCE PROPERTY & ALIMONY)
Apr 27, 1995111 Nev. 462, 893 P.2d 358 (1995) · 23220, 23506 · Nevada Supreme Court
Affirmed in part and reversed in part; the apportionment of the Verde Way property was reversed and remanded, and the award of rehabilitative alimony was affirmed. (Subsequently modified on rehearing, 112 Nev. 36, 910 P.2d 279 (1996).)Per Curiam. In these consolidated divorce appeals, the court reversed the apportionment of the parties' real property and affirmed the award of rehabilitative alimony. Malmquist apportionment. Reviewing divorce…
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…
GREY VS. GREY (DIVORCE)
Mar 30, 1995111 Nev. 388, 892 P.2d 595 (1995) · 26076 · Nevada Supreme Court
Order vacated and remanded with instructions to determine the appellant's county of residence at the commencement of the action and to proceed accordingly.Per Curiam. The court reversed the denial of a change of venue in a divorce action, holding the tardy filing resulted solely from the district court clerk's procedures. A change of venue as of right under NRS 13.040…
GARDNER VS. GARDNER (DIVORCE PROPERTY & ALIMONY)
Sep 28, 1994110 Nev. 1053, 881 P.2d 645 (1994) · 23626 · Nevada Supreme Court
Reversed and remanded; the alimony award modified to increase its duration by an additional ten years at $1,000 per month.Spousal support is reviewed for abuse of discretion, with deference to the district court where the award is supported by substantial evidence and free from the appearance of abuse (Shane v. Shane, 84 Nev. 20, 22, 435…
SPRENGER VS. SPRENGER (ALIMONY)
Jul 26, 1994110 Nev. 855, 878 P.2d 284 (1994) · Nevada Supreme Court
Remanded to the district court with instructions to increase and extend the wife's alimony award; affirmed in all other respects, including the separate-property characterization of the nursery, the equal division of community property, the coin-collection award, and the attorney's-fee award.Per Curiam. Stock acquired before marriage is separate property, NRS 123.130(2); transmutation from separate to community property must be shown by clear and convincing evidence, and the appearance of a spouse's…
WALTZ VS. WALTZ (DIVORCE PROPERTY & ALIMONY)
Jul 7, 1994110 Nev. 605, 877 P.2d 501 (1994) · 24141 · Nevada Supreme Court
Reversed.NRS 125.150(5) provides that on the payee spouse's remarriage 'all the payments required by the decree must cease, unless it was otherwise ordered by the court.' The decree tied the $200 monthly payment to…
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.