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).
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…
OCCHIUTO VS. OCCHIUTO (DIVORCE PROPERTY & ALIMONY)
Mar 25, 198197 Nev. 143, 625 P.2d 568 (1981) · 12340 · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded (dismissal of the first two causes of action reversed with leave to replead; dismissal of the third and fourth causes of action with prejudice affirmed).This appeal arose from an order dismissing, with prejudice, a post-divorce complaint pleading four causes of action. The Court (Batjer, J.) affirmed in part, reversed in part, and remanded. On judicial notice, the Court…
APPLEBAUM VS. APPLEBAUM (DIVORCE PROPERTY & ALIMONY)
Jan 13, 198197 Nev. 11, 621 P.2d 1110 (1981) · 10886 · Nevada Supreme Court
Affirmed in part and reversed and remanded in part: the judgment for arrearages and interest to February 13, 1978, was affirmed; the portion reducing to judgment amounts not yet due was reversed and remanded for recomputation and award of interest per the 1972 agreement's payment schedule. ("The judgment for arrearages and interest on those arrearages to February 13, 1978, is affirmed.")This appeal challenged a February 13, 1978 order reducing arrearages to judgment ($9,000 plus interest and $500 attorney's fees) under a 1972 property settlement agreement. The parties divorced in 1972, remarried in…
LEVY VS. LEVY (DIVORCE PROPERTY & ALIMONY)
Dec 29, 198096 Nev. 902, 620 P.2d 860 (1980) · 10896 · Nevada (SCOTN/COA)
Affirmed in all respects.The Court (per curiam) affirmed in all respects a divorce decree that declared the parties' settlement agreement valid. The parties married in 1968 and separated in 1976; after Louis filed for divorce, a pre-trial…
KRAMER VS. KRAMER (DIVORCE PROPERTY & ALIMONY)
Sep 11, 198096 Nev. 759, 616 P.2d 395 (1980) · Nevada Supreme Court
Reversed; the order modifying the modified decree of divorce was reversed because the district court lacked jurisdiction to modify the property distribution.Batjer, J. A decree of divorce cannot be modified or set aside except as provided by rule or statute, Lam v. Lam, 86 Nev. 908, 478 P.2d 146 (1970). NRS 125.150(5) (later renumbered (6)) governed subsequent modification…
HAWS VS. HAWS (DIVORCE PROPERTY & ALIMONY)
Sep 5, 198096 Nev. 727, 615 P.2d 978 (1980) · 10509 · Nevada (SCOTN/COA)
Reversed and remanded with instructions to give full faith and credit to the California judgment.The Court (Batjer, J.) reversed a Nevada property-and-support judgment and directed that full faith and credit be given to a California interlocutory judgment of dissolution. After the parties (long-time California…
BROWN VS. BROWN (CHILD SUPPORT)
Aug 21, 198096 Nev. 713, 615 P.2d 962 (1980) · 10739 · Nevada (SCOTN/COA)
Reversed and remanded for further proceedings consistent with the opinion.The Court (Manoukian, J.) reversed a summary judgment that had accorded full faith and credit to a foreign (Idaho) judgment for child support arrearages entered without notice to the obligor. Courts must give full faith…
ROGGEN VS. ROGGEN (DIVORCE PROPERTY & ALIMONY)
Aug 18, 198096 Nev. 687, 615 P.2d 250 (1980) · 11463 · Nevada (SCOTN/COA)
Affirmed.The Court (per curiam) affirmed a divorce decree confirming a condominium as the wife's separate property and valuing the parties' businesses at $334,641. On the condominium, clear and certain proof is required to rebut…
RENSHAW VS. RENSHAW (DIVORCE PROPERTY & ALIMONY)
Jun 4, 198096 Nev. 541, 611 P.2d 1070 (1980) · 11620 · Nevada (SCOTN/COA)
Affirmed; 12% interest, an additional $1,500 in appellate attorney's fees, and costs assessed.The Court (per curiam) affirmed a judgment for the former wife in a breach-of-contract action arising from a divorce property settlement agreement. The 1977 agreement awarded custody to Diana and obligated John to pay a…
BURR VS. BURR (DIVORCE PROPERTY & ALIMONY)
May 30, 198096 Nev. 480, 611 P.2d 623 (1980) · 11086 · Nevada (SCOTN/COA)
Affirmed; the husband's motion for appellate attorney's fees denied.The Court (Gunderson, J.) affirmed a divorce decree challenged by both spouses. After a November 1977 decree terminated the marriage but reserved community property and visitation, a June 1978 'final' decree distributed…
MCCARROLL VS. MCCARROLL (RETIREMENT DIVISION)
May 22, 198096 Nev. 455, 611 P.2d 205 (1980) · 10924 · Nevada (SCOTN/COA)
Affirmed.The Court (per curiam) affirmed summary judgment for the former husband in an action, filed almost three years after a final divorce decree, seeking to have his U.S. Forest Service retirement pension declared a…
WISMAN VS. WISMAN (DIVORCE PROPERTY & ALIMONY)
Apr 9, 198096 Nev. 340, 608 P.2d 1110 (1980) · 10545 · Nevada (SCOTN/COA)
Reversed and remanded for further proceedings.The Court (per curiam) reversed an order declining, for lack of power, to hear a motion to modify alimony. The 1974 divorce decree ordered the husband to pay $1,000 per month in alimony until the wife remarried, died,…
PATEL VS. PATEL (DIVORCE)
Jan 14, 198096 Nev. 51, 604 P.2d 816 (1980) · 10414 · Nevada (SCOTN/COA)
Affirmed; respondent's motion for attorney's fees and costs denied.The Court (per curiam) affirmed a divorce judgment challenged on jurisdiction, child support, and proof of grounds. On jurisdiction, the wife contended the husband failed to satisfy the residency requirement of NRS…
MUSCELLI VS. MUSCELLI (DIVORCE PROPERTY & ALIMONY)
Jan 10, 198096 Nev. 41, 604 P.2d 1237 (1980) · 10384 · Nevada (SCOTN/COA)
Reversed and remanded for trial.The Court (per curiam) reversed a summary judgment for the respondent, holding that genuine issues of material fact remained on the appellant's claim to set aside a divorce decree and property settlement agreement for…
ARNOLD VS. ARNOLD (CHILD CUSTODY)
Dec 20, 197995 Nev. 951, 604 P.2d 109 (1979) · 11928 · Nevada Supreme Court
Affirmed. ("Since the record does not demonstrate that the district court below abused its discretion, we affirm its award of permanent custody to respondent.")The court reviewed the custody award for abuse of discretion and affirmed, holding the district court properly weighed the particular facts and circumstances to serve the child's best interest, citing Smith v. Smith, 90…
HILDAHL VS. HILDAHL (CHILD SUPPORT)
Oct 15, 197995 Nev. 657, 601 P.2d 58 (1979) · 10220 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court affirmed a judgment for support arrearages and a contempt order against a father who unilaterally reduced fixed monthly support-and-maintenance payments when a child came to live with him. Accrued alimony and…
WATSON VS. WATSON (DIVORCE PROPERTY & ALIMONY)
Jun 28, 197995 Nev. 495, 596 P.2d 507 (1979) · 10511 · Nevada Supreme Court
Affirmed. ("The judgment of the district court awarding respondent the relief sought is affirmed.")The court affirmed a judgment enforcing a surviving property settlement agreement that obligated the husband to pay $600 per month "until her death or remarriage." The husband's contention that the former wife's…
HARRIS VS. HARRIS (PATERNITY)
Mar 15, 197995 Nev. 214, 591 P.2d 1147 (1979) · 9957 · Nevada Supreme Court
Reversed. ("The order is reversed.")The court reversed a post-decree order declaring that a child previously adjudged the issue of the marriage was not the respondent's child and setting aside prior support and custody orders. Although NRS 125.140(2)…
MCINNIS VS. MCINNIS (CHILD SUPPORT)
Aug 9, 197894 Nev. 532, 582 P.2d 802 (1978) · 9911 · Nevada Supreme Court
Affirmed. ("the order denying Appellant's motion to modify the judgment and decree of divorce by increasing the child support payments must be affirmed. . . . we affirm.")The court affirmed the denial of a mother's motion to increase child support. Jurisdiction to modify rested on NRS 125.140(2) (Cavell v. Cavell), and review is for abuse of discretion (Edwards v. Edwards). Applying the…
BONGIOVI VS. BONGIOVI (DIVORCE PROPERTY & ALIMONY)
Jun 14, 197894 Nev. 321, 579 P.2d 1246 (1978) · 10615 · Nevada Supreme Court
Appeal dismissed. ("in the absence of reversible error, we ORDER this appeal dismissed.")The court dismissed an appeal challenging a partial reduction of installment arrearages to judgment. It held that the six-year limitations period of NRS 11.190 commences to run against each installment as it becomes…
WARREN VS. WARREN (DIVORCE PROPERTY & ALIMONY)
Jun 8, 197894 Nev. 309, 579 P.2d 772 (1978) · 9124 · Nevada Supreme Court
Affirmed.This per curiam opinion affirms a defense judgment in an action by a long-term unmarried cohabitant seeking a share of her former partner's property under constructive/resulting trust, meretricious/common-law/putative…
SMITH VS. SMITH (DIVORCE PROPERTY & ALIMONY)
May 15, 197894 Nev. 249, 578 P.2d 319 (1978) · 9072 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court affirmed the property division, alimony, and attorney's fee rulings in a divorce. Stock acquired by bequest is separate property under NRS 123.130(2); the court rejected the appellant's proposed "onerous…
HUNEYCUTT VS. HUNEYCUTT (DIVORCE PROPERTY & ALIMONY)
Mar 2, 197894 Nev. 79, 575 P.2d 585 (1978) · 8858 · Nevada Supreme Court
Motion to remand denied. ("Appellant's motion to remand is denied.")On a motion to remand pending appeal so the appellant could pursue NRCP 60(b) and NRCP 59(a) motions based on newly discovered community property, the court denied the motion and clarified the procedure. Because…
ELLETT VS. ELLETT (DIVORCE PROPERTY & ALIMONY)
Jan 25, 197894 Nev. 34, 573 P.2d 1179 (1978) · 8909 · Nevada Supreme Court
Affirmed in part; reversed in part and remanded. ("Affirmed in part; reversed in part and remanded for redistribution of the two community property automobiles.")The court affirmed in part and reversed in part a supplemental divorce decree. (1) Retirement benefits: because the January partial decree expressly reserved property division and alimony, it was interlocutory and not a…
WOODRUFF VS. WOODRUFF (DIVORCE PROPERTY & ALIMONY)
Jan 9, 197894 Nev. 1, 573 P.2d 206 (1978) · 8930 · Nevada Supreme Court
Affirmed in part; remanded for further proceedings on the alimony issue.The court (Gunderson, J.) affirmed in part and remanded on the alimony issue. On jurisdiction, the residency requirement of NRS 125.020 presents a question of fact for the trial court, and the finding of respondent's…
LAIRD VS. LAIRD (CHILD SUPPORT)
Dec 30, 197793 Nev. 687, 572 P.2d 543 (1977) · 9127 · Nevada Supreme Court
Affirmed.This brief per curiam opinion affirms a district court's refusal, in a decree-modification proceeding, to order the mother to contribute to child support after custody of the parties' two minor children was awarded to…
JOHNSON VS. JOHNSON (DIVORCE PROPERTY & ALIMONY)
Dec 22, 197793 Nev. 655, 572 P.2d 925 (1977) · 8934 · Nevada Supreme Court
Reversed and remanded; the order of reconveyance vacated.The court (Zenoff, C.J. (Retired)) reversed an order, entered as part of a proceeding addressing alimony and child-support arrearages, that set aside the appellant's conveyance of his residence to his current wife,…
JONES VS. JONES (DIVORCE PROPERTY & ALIMONY)
Nov 16, 197793 Nev. 545, 571 P.2d 103 (1977) · 8926 · Nevada Supreme Court
Affirmed.This brief per curiam opinion affirms a judgment enforcing a cohabitation-termination clause in a court-approved property settlement agreement. The agreement required the husband to pay monthly alimony for ten years or…
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…
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…
APPLEBAUM VS. APPLEBAUM (DIVORCE PROPERTY & ALIMONY)
Jul 5, 197793 Nev. 382, 566 P.2d 85 (1977) · 8713 and 8714 · Nevada Supreme Court
Affirmed.The court (Mowbray, J.) affirmed in all respects. The principal issue was whether extrinsic fraud voided the 1972 property settlement agreement approved in the parties' first divorce. Distinguishing Moore v. Moore, 78…
KISHNER VS. KISHNER (DIVORCE PROPERTY & ALIMONY)
Apr 11, 197793 Nev. 220, 562 P.2d 493 (1977) · 8077 · Nevada Supreme Court
The clarification order appealed from is vacated, and the original decree is affirmed.The court (Smart, D.J.) resolved whether NRS 125.150(4) - providing that upon the death of either party or the wife's remarriage all alimony awarded by the decree ceases unless the court has otherwise ordered -…
MCKISSICK VS. MCKISSICK (DIVORCE PROPERTY & ALIMONY)
Mar 14, 197793 Nev. 139, 560 P.2d 1366 (1977) · 8984 · Nevada Supreme Court
Reversed in part and remanded for entry of judgment in accordance with the opinion (constructive trust extended to the full insurance proceeds; certificate of deposit held to be community property, not joint tenancy).The court (Thompson, J.) resolved competing appeals concerning a constructive trust on life insurance proceeds and the character of a time certificate of deposit. As to the insurance, the 1964 property settlement…
NORRIS VS. NORRIS (CHILD SUPPORT)
Feb 16, 197793 Nev. 65, 560 P.2d 149 (1977) · 8967 · Nevada Supreme Court
Affirmed.The court (Thompson, J.) affirmed the termination of a father's decree-based child support obligation upon his son reaching the reduced age of majority. The 1972 decree ordered support 'until said children respectively…
PETERS VS. PETERS (DIVORCE PROPERTY & ALIMONY)
Dec 21, 197692 Nev. 687, 557 P.2d 713 (1976) · 8426 · Nevada Supreme Court
Reversed and remanded. ("We reverse that part of the judgment adjudging and decreeing that the real property ... as well as all policies of life insurance ... are community property ... and remand for the entry of an amended judgment not inconsistent with this opinion.")In a probate declaratory-relief proceeding to characterize property, the court corrected the allocation of the burden of proof for jointly titled property. Estate and probate matters are civil actions subject to the…
SCHULMAN VS. SCHULMAN (DIVORCE PROPERTY & ALIMONY)
Dec 21, 197692 Nev. 707, 558 P.2d 525 (1976) · 8339 · Nevada Supreme Court
Affirmed. ("The judgment of the court below is affirmed.")This appeal concerned apportionment of the increased value of separate-property business between the separate and community estates, and an alimony award. Under NRCP 53(e)(2), a court must accept a master's factual…
DU BOIS VS. DU BOIS (DIVORCE PROPERTY & ALIMONY)
Oct 28, 197692 Nev. 595, 555 P.2d 839 (1976) · 8469 · Nevada Supreme Court
Affirmed.This brief per curiam opinion affirms the denial of a motion to modify a divorce decree by increasing alimony. Pursuant to the modification provision of an integrated separation and property support agreement, the…
BENAVIDEZ VS. BENAVIDEZ (DIVORCE PROPERTY & ALIMONY)
Sep 17, 197692 Nev. 539, 554 P.2d 256 (1976) · 8239 · Nevada Supreme Court
Affirmed.This brief per curiam opinion affirms a divorce judgment's property distribution. The district court dissolved the marriage and distributed real and personal property acquired both during the marriage and earlier, while…
SPILSBURY VS. SPILSBURY (DIVORCE PROPERTY & ALIMONY)
Aug 25, 197692 Nev. 464, 553 P.2d 421 (1976) · 8318 · Nevada Supreme Court
Affirmed. ("The district court's order is affirmed.")The court affirmed a dismissal on res judicata grounds. The validity of the property settlement agreement had been distinctly put in issue and directly determined against Jacklyn in the earlier NRCP 60(b) proceeding,…
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…
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.…
FAGIN VS. FAGIN (DIVORCE)
Dec 19, 197591 Nev. 794, 544 P.2d 415 (1975) · 7936 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court reviewed an order setting aside a defective default divorce decree under NRCP 60(b). Regardless of whether the defendant should be regarded as personally served, it was within the district court's discretion…
BRADDOCK VS. BRADDOCK (DIVORCE PROPERTY & ALIMONY)
Nov 21, 197591 Nev. 735, 542 P.2d 1060 (1975) · 7740, 7875 · Nevada Supreme Court
Affirmed. ("The judgment and orders of the lower court are affirmed.")In consolidated appeals the court addressed the validity of an Ohio antenuptial agreement and the resulting property, support, and fee awards. Because the agreement was executed and to be performed in Ohio, Ohio law…
SHUGART VS. SHUGART (DIVORCE PROPERTY & ALIMONY)
Oct 30, 197591 Nev. 685, 541 P.2d 1101 (1975) · 7914 · Nevada Supreme Court
Affirmed.The court affirmed a divorce decree challenged as to alimony, child support, and property distribution solely on record-adequacy grounds. Because the trial was unreported, the appellant proceeded under NRAP 10(c), but…
BARBASH VS. BARBASH (DIVORCE PROPERTY & ALIMONY)
May 21, 197591 Nev. 320, 535 P.2d 781 (1975) · 7713 · Nevada Supreme Court
Reversed with directions. ("Reversed with direction to enter judgment for Cecile Barbash for the present value of $100 per month for her life expectancy calculated as of the date of William's death.")Applying California law to a 1941 property settlement and support agreement approved in a 1942 California divorce decree, the court determined whether the support obligation survived the obligor's death. Under…
TERRIBLE VS. TERRIBLE (DIVORCE PROPERTY & ALIMONY)
Apr 30, 197591 Nev. 279, 534 P.2d 919 (1975) · 7328 · Nevada Supreme Court
Reversed and remanded with instructions to enter judgment for the appellant.The court declined to decide whether the respondent had a sufficient interest to seek partition under NRS 39.010, resolving the appeal instead on waiver and estoppel. By his unilateral concession memorialized in the…
CULBERTSON VS. CULBERTSON (CHILD CUSTODY)
Apr 9, 197591 Nev. 230, 533 P.2d 768 (1975) · 7378 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court addressed acquiescence in a judgment and the standard for modifying custody. A party who has taken advantage of the favorable provisions of a judgment or acquiesced in its terms by enforcing it will not be…
CHRISTENSEN VS. CHRISTENSEN (DIVORCE PROPERTY & ALIMONY)
Jan 15, 197591 Nev. 4, 530 P.2d 754 (1975) · 7452 · Nevada Supreme Court
Reversed with directions. ("we reverse the judgment entered below ... and direct the district court to enter judgment for Steven and Kenneth Christensen.")The court determined the validity of an insured spouse's designation of children from a prior marriage as life insurance beneficiaries, where premiums were paid with community funds. Under NRS 123.230 as it then read,…
CAVELL VS. CAVELL (DIVORCE PROPERTY & ALIMONY)
Sep 13, 197490 Nev. 334, 526 P.2d 330 (1974) · 7248 · Nevada Supreme Court
Affirmed as to the denial of alimony; reversed and remanded as to child support for reconsideration and, absent an increase, a statement of the reasons.The court affirmed the denial of alimony and remanded on child support. Under NRS 125.170 and Sweeney v. Sweeney, 42 Nev. 431, 179 P. 638 (1919), a court lacks power to award or modify alimony after a final divorce…
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…
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.