Nevada family-law decisions, briefed for practice.

The court affirmed the denial of a motion to amend a divorce judgment, applying deferential review. A trial court's determination on conflicting evidence will not be disturbed if supported by substantial evidence and…

The court affirmed a money judgment entered against the husband for the balance owed on the encumbrances against the former community residence as of the date of foreclosure. Under the divorce decree, the husband was…

The court affirmed, finding no abuse of discretion in the trial court's treatment of a $5,000 debt, the property division, or the child support award. Substantial evidence supported the finding that the husband's…

In this landmark decision, the court departed from the all-or-nothing rule of Lake v. Bender, 18 Nev. 361, 4 P. 711 (1884), and held that the increase in value of separate property during marriage must be apportioned…

In this case of first impression, the court held that antenuptial contracts settling property rights and alimony in the event of divorce are not per se void as contrary to public policy in Nevada. The court…

The court reviewed a district court order entered on the wife's NRS 125.180 motion to reduce child support arrearages to judgment. The district court is vested with discretionary power to order entry of judgment for…

The court affirmed an order modifying a divorce decree that, among other things, defined and conditioned the father's visitation, continued custody with the mother, entered judgment for support arrearages, and…

In this contested divorce, the trial court granted the wife the divorce as the party least at fault and awarded her a lump-sum support and maintenance award of $331,200, attorney's fees totaling $52,500, and ordered…

The appeal challenged only that portion of the divorce decree characterizing certain assets as the husband's separate property and awarding them to him; the divorce, alimony, and attorney's fees were not at issue.…

The sole issue was whether the district court's determination of visitation rights and the limitations placed on them constituted an abuse of discretion. The parties' 1968 divorce decree incorporated a settlement giving…

The court affirmed the district court's refusal to apply NRCP 68 to post-judgment proceedings in a divorce matter. Following the divorce, the respondent moved under NRS 125.140(2) to increase child support and, on…

After the husband served summons and a divorce complaint, he received the wife back into the marital home, had marital relations with her, then obtained a default decree awarding him all community property and custody…

This was the third appeal in a divorce action concerning whether $123,706.37 in 'unidentified deposits' had to be considered in computing the good will of the family business. See Fox v. Fox, 81 Nev. 186, 401 P.2d 53…

The wife appealed from a decree granting the husband a divorce and dividing the parties' property after a 34-year marriage; she had opposed the divorce and counterclaimed only for separate maintenance. Jurisdiction /…

The court consolidated the mother's appeals from (1) the decree of divorce, insofar as it did not award her custody of one child and allegedly misstated the father's visitation, and (2) the order denying her petition to…

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…

This was a post-divorce contract action to enforce a New York separation agreement that, by its terms, survived and was not merged into any divorce decree and was to be construed under New York law. The court first held…

The only issues concerned the district court's disposition of property. Petor did not contest the characterization of the home as community property, challenging only its award. The court held the trial judge abused his…

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…

The sole issue was whether a divorce decree ordering the father to pay child support 'until further order of the court, or until they reached the age of their majority' states a claim, enforceable against his estate,…

The appeal challenged a district court order that, as a sanction for the custodial mother's persistent denial of court-ordered visitation, suspended alimony and child support and relieved the father of maintaining the…

The husband challenged financial awards in a divorce decree: child support of $125 per month, tuition allowances for the wife (lipreading school and beauty college), lump-sum alimony, and attorney's fees. The trial…

The sole issue was whether the district court erred in finding no community property. The court applied the settled deference standard: in cases adjudicating marital rights, findings supported by substantial evidence…

In a custody dispute over two minor children, the father sought reversal of the award of custody to the mother based on Sisson v. Sisson, 77 Nev. 478, 367 P.2d 98 (1961), citing the mother's month-long cohabitation with…

The sole question was whether the district court permissibly concluded that the defendant wife's failure to appear in time was due to excusable neglect under NRCP 60(b)(1), where the motion to set aside the default…

Martin Williams, three years after entry of a final default divorce judgment, moved to modify the judgment to delete an order directing him to deed his interest in Nevada realty to the plaintiff, contending the order…

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,…

The father challenged only the portion of a district court habeas order that awarded custody of his three daughters to the maternal grandparents (he was granted custody of the son; the mother was found unfit). The court…

Collins, C.J. On the wife's appeal from a judgment enforcing a surviving property/support agreement, the court affirmed a $37,000 judgment for the husband. The court expressly declined to decide whether a court could…

Zenoff, J. On the mother's appeal from a divorce decree awarding custody of two children of tender years to the father, the court reversed the custody provision. NRS 125.140 states Nevada's policy that the court shall…

Ray obtained a divorce on the ground of one year's separation without cohabitation under NRS 125.010(9), effective July 1, 1967. The action was commenced March 30, 1967, before the amendment reducing the required…

Thompson, J. In an action to enforce a 1962 Wisconsin divorce judgment, the Nevada district court readjusted both the property (insurance) and alimony provisions and entered judgment for accrued unpaid alimony. The…

The husband appealed from a decree granting the wife a divorce for extreme cruelty (over his adultery counterclaim), awarding her custody of the parties' 18-month-old child and $50 per month child support. He first…

Elaine Adams appealed from a district court order substituting the deceased respondent's son as special administrator under NRCP 25(a) and construing the divorce decree to hold that the respondent's interest in the…

Augustine Cipolla appealed from an order denying his NRCP 60(b) motion to set aside a default divorce judgment. The plaintiff had filed for divorce in July 1966 and obtained a restraining order causing the defendant to…

Zenoff, J. On consolidated appeals, the court affirmed summary judgment declaring a Nevada divorce decree valid and affirmed dismissal of the former wife's damages complaint. (1) Jurisdiction/residence: residence is…

Thompson, C.J. The husband appealed a partial summary judgment according full faith and credit to an alimony award in a California interlocutory divorce decree entered upon extraterritorial personal service. The court…

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)…

Batjer, J. The father appealed an order adjudging him in contempt and denying his motion to modify the divorce decree while he was in contempt. A 1963 property settlement agreement requiring $200 monthly child support…

Collins, J. On the wife's appeal from a decree granting the husband a divorce without an alimony award, the court affirmed. The husband's 1965 complaint (after a roughly ten-year separation) alleged Nevada residency,…

Per Curiam. On the husband's appeal from denial of his motion to modify the alimony provision of a divorce decree, the court affirmed. The husband moved under NRS 125.170(1), over which the trial court had expressly…

Zenoff, J. On the husband's appeal from a divorce decree that, in lieu of periodic alimony, ordered him to convey his interest in the parties' jointly held home to the wife 'for her future support, maintenance and…

Zenoff, D.J. The husband appealed the denial of his motion to modify the alimony and child support provisions of a 1963 divorce decree (which incorporated the parties' agreement providing $150 monthly alimony and $175…

Thompson, J. The issue was whether the premature entry of a default divorce decree renders it void or merely voidable. The court held the decree voidable. Personal jurisdiction attached when the defendant was served…

Collins, J. In a proceeding under NRS 125.180 to reduce accrued arrearages under a 1949 divorce decree to judgment (the underlying agreement having been held merged in the decree, Day v. Day, 80 Nev. 386, 395 P.2d 321…

Thompson, J. The husband appealed a decree granting the wife a divorce on the ground of three years' separation without cohabitation, contending there was no explicit evidence that the separation was voluntary and with…

Thompson, J. Following Ballin v. Ballin, 78 Nev. 224, 371 P.2d 32 (1962), the court held that where both the settlement agreement and the divorce decree expressly direct that the support agreement survive the divorce,…

Thompson, J. An award of counsel fees to a wife in a divorce action lies within the trial court's discretion, but that discretion is abused when the order patently rests on the husband's ability to pay rather than the…

Thompson, J. Applying the divisible-divorce doctrine (Estin v. Estin, 334 U.S. 541 (1948); Armstrong v. Armstrong, 350 U.S. 568 (1956); Vanderbilt v. Vanderbilt, 354 U.S. 416 (1957)), the court held that a valid ex…

Badt, J. In valuing a community business on divorce, the husband, as statutory manager of the community property (NRS 123.230), bears the burden of explaining and proving the source of funds deposited in the community…