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).
MORRISSETT VS. MORRISSETT (DIVORCE)
Dec 14, 196480 Nev. 566, 397 P.2d 184 (1964) · 4781 · Nevada Supreme Court
Affirmed.McNamee, J. The sole question was whether Nevada should continue to follow the rule of interspousal immunity for torts established in Kennedy v. Kennedy, 76 Nev. 302, 352 P.2d 833 (1960). The court reaffirmed Kennedy:…
DAY VS. DAY (DIVORCE PROPERTY & ALIMONY)
Sep 15, 196480 Nev. 386, 395 P.2d 321 (1964) · 4738 · Nevada Supreme Court
Reversed.Thompson, J. The court held that a trial court's adoption (or incorporation) of a settlement agreement effectuates a merger of the agreement into the divorce decree, so that the parties' rights thereafter rest on the…
ADLER VS. ADLER (DIVORCE PROPERTY & ALIMONY)
Jul 24, 196480 Nev. 364, 394 P.2d 350 (1964) · 4730 · Nevada Supreme Court
Order denying reduction of alimony affirmed; the $3,000 attorney-fee award reversed with directions to allow $1,000; an additional $500 awarded for the wife's counsel on appeal.Badt, C.J. A trial court's denial of a motion to modify (reduce) alimony is reviewed for abuse of discretion; none occurred where the 1953 decree reserved jurisdiction to reduce upon a showing of substantial adverse…
HOPPER VS. HOPPER (DIVORCE PROPERTY & ALIMONY)
Jun 3, 196480 Nev. 302, 392 P.2d 629 (1964) · 4717 · Nevada Supreme Court
Affirmed.Thompson, J. Following Lombardi v. Lombardi, 44 Nev. 314, 195 P. 93 (1921), the court held that where one spouse expends separate funds to improve the other spouse's separate real property, absent an agreement to the…
FARNHAM VS. FARNHAM (DIVORCE PROPERTY & ALIMONY)
Apr 6, 196480 Nev. 180, 391 P.2d 26 (1964) · 4684 · Nevada Supreme Court
Reversed and remanded with directions to enter judgment for the former wife for $7,550 plus 7% interest from December 30, 1960; the husband's cross-appeal dismissed.Thompson, J. In an action on a sister-state money judgment, the court held the Arizona judgment - final and rendered by a court of competent jurisdiction in which the debtor appeared - was entitled to full faith and…
CLARK VS. CLARK (DIVORCE)
Feb 11, 196480 Nev. 52, 389 P.2d 69 (1964) · 4649 · Nevada Supreme Court
Reversed.Thompson, J. Distinguishing res judicata (claim preclusion; bar/merger) from collateral estoppel (issue preclusion), the court held that full faith and credit requires recognition of a sister-state judgment only for its…
TOTH VS. TOTH (CHILD CUSTODY)
Feb 5, 196480 Nev. 33, 389 P.2d 73 (1964) · 4651 · Nevada Supreme Court
The order modifying custody is affirmed in all respects.Badt, C.J. The sole question on the cross-appeals was whether the district court abused its discretion in modifying a custody decree. Under NRS 125.140, custody dispositions and modifications are committed to the trial…
MANVILLE VS. MANVILLE (DIVORCE)
Dec 10, 196379 Nev. 487, 387 P.2d 661 (1963) · 4637 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court addressed an independent action under NRCP 60(b) to set aside a 1955 divorce decree for fraud. The court distinguished intrinsic from extrinsic fraud. The alleged failure to establish bona fide residence was…
KRAEMER VS. KRAEMER (DIVORCE PROPERTY & ALIMONY)
Jun 6, 196379 Nev. 287, 382 P.2d 394 (1963) · 4538 · Nevada Supreme Court
The $10,000 lump-sum alimony award reversed; the provision on the trustee-sale proceeds modified (directing $2,600 to the wife for unpaid California alimony, the balance to the husband); affirmed in all other respects and remanded.Thompson, J. Taking judicial notice of California law, the court held that a California interlocutory decree of divorce, though not a final judgment as to marital status (Estate of Dargie, 162 Cal. 51, 121 P. 320…
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…
FREEMAN VS. FREEMAN (DIVORCE PROPERTY & ALIMONY)
Jan 30, 196379 Nev. 33, 378 P.2d 264 (1963) · 4496 · Nevada Supreme Court
Affirmed.McNamee, J. Permanent alimony is wholly a creature of statute; there is no common-law power to grant it. Contrary to the appellant's contention, a Nevada court is not compelled to award alimony to a wife merely because…
GRENZ VS. GRENZ (DIVORCE PROPERTY & ALIMONY)
Sep 24, 196278 Nev. 394, 374 P.2d 891 (1962) · 4210 · Nevada Supreme Court
Remanded with directions and for further proceedings; costs to appellant. ("Remanded with directions and for further proceedings. Costs to appellant.")The court first dismissed the purported appeals from the original and amended findings of fact and conclusions of law, which are not appealable determinations under NRCP 72(b) (Musso v. Triplett, 78 Nev. 355, 372 P.2d…
NAPOLITANI VS. NAPOLITANI (DIVORCE)
Jun 12, 196278 Nev. 323, 372 P.2d 206 (1962) · 4492 · Nevada Supreme Court
Affirmed. ("Affirmed. No costs are allowed.")On the wife's appeal from a divorce granted to the husband, the court held the findings of cruelty, lack of provocation, and lack of condonation were supported by substantial (though conflicting) evidence, and thus…
BALLIN VS. BALLIN (DIVORCE PROPERTY & ALIMONY)
Apr 27, 196278 Nev. 224, 371 P.2d 32 (1962) · 4467 · Nevada Supreme Court
Affirmed. ("Affirmed.")The issue was whether a divorce decree that ratified, approved, and confirmed a property settlement and directed that it survive constituted an "installment judgment for alimony and support" modifiable under NRS…
MELAHN VS. MELAHN (CHILD SUPPORT)
Apr 2, 196278 Nev. 162, 370 P.2d 213 (1962) · 4439 · Nevada Supreme Court
Reversed. ("Reversed.")The court construed a court-approved settlement agreement that conditioned the father's obligation to reimburse medical and dental expenses on the mother's submission of verified bills from providers belonging to…
COLBY VS. COLBY (DIVORCE)
Mar 27, 196278 Nev. 150, 369 P.2d 1019 (1962) · 4440 · Nevada Supreme Court
Reversed. ("Reversed.")On appeal from a summary judgment vacating a 1955 Nevada default divorce decree, the court held the complaint stated no claim for relief. First, an independent action to set aside a divorce decree lies only for…
KELSO VS. KELSO (DIVORCE)
Mar 2, 196278 Nev. 99, 369 P.2d 668 (1962) · 4431 · Nevada Supreme Court
Reversed. ("The order appealed from is reversed.")On appeal from an order setting aside a default and divorce decree, the court reaffirmed the long-settled rule that a motion for relief from default is fatally defective unless accompanied by a showing of the nature of…
SISSON VS. SISSON (CHILD CUSTODY)
Dec 13, 196177 Nev. 478, 367 P.2d 98 (1961) · 4407 · Nevada Supreme Court
Divorce affirmed; custody and support-incident provisions reversed and remanded, with sole custody to the father and reasonable visitation to the mother. ("Accordingly, the judgment granting plaintiff below a divorce, is affirmed. The judgment granting her custody of the children, and the support provisions incident thereto, is reversed. The defendant is granted sole custody of the three minor children, with the right to the plaintiff to visit said children at reasonable times and places. The cause is remanded for entry of judgment in accordance herewith.")On the husband's appeal, the court first resolved the standard of review where the evidence before the trial court consisted entirely of the written record taken before a master. Following Garaventa v. Gardella, 63 Nev.…
MARSHBURN VS. MARSHBURN (DIVORCE)
Apr 17, 196177 Nev. 206, 361 P.2d 112 (1961) · 4378 · Nevada Supreme Court
Affirmed. ("The judgment is affirmed.")On the wife's appeal from a divorce granted to the husband for extreme cruelty, the court reaffirmed that the conduct complained of must result in danger to life, limb, or health, or reasonable apprehension of such…
CICERCHIA VS. CICERCHIA (DIVORCE)
Apr 4, 196177 Nev. 158, 360 P.2d 839 (1961) · 4342 · Nevada Supreme Court
Affirmed. ("Affirmed.")On the husband's appeal from an order setting aside a default and divorce decree, the court reviewed relief under NRCP 60(b) and NRCP 55(c). It held such relief is addressed largely to the sound discretion of the trial…
PEARSON VS. PEARSON (DIVORCE)
Feb 20, 196177 Nev. 76, 359 P.2d 386 (1961) · 4322 · Nevada Supreme Court
Reversed in part, modified in part, and otherwise affirmed. ("The judgment insofar as it appears to approve the findings of fact and conclusions of law which determined that appellant was not entitled to a divorce is reversed; that part of the judgment in favor of respondent and against appellant for the sum of $30,788.44 is reversed; the security provisions of the judgment are modified so as to delete reference to the collection of $30,788.44. In all other respects the judgment is affirmed.")On the husband's appeal from a judgment denying him a divorce and awarding the wife separate maintenance, the court addressed the three-year separation ground under NRS 125.010. It reaffirmed that a party seeking a…
FOLKS VS. FOLKS (DIVORCE PROPERTY & ALIMONY)
Feb 8, 196177 Nev. 45, 359 P.2d 92 (1961) · 4310 · Nevada Supreme Court
Affirmed. ("The orders appealed from are affirmed. No costs are allowed.")On the wife's appeal from orders terminating alimony and denying arrears, allowances, and fees, the court resolved three issues. First, under NRS 125.180 the court has discretionary power to order entry of judgment for…
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…
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…
KRAEMER VS. KRAEMER (FAMILY)
May 20, 196076 Nev. 265, 352 P.2d 253 (1960) · 4261 · Nevada Supreme Court
Affirmed. ("Judgment affirmed.")By the Court, Pike, J. (Gregory, D.J., sitting for the disqualified McNamee, C.J.). On the wife's appeal from a $43,065 judgment for the husband, the court affirmed. The husband sued to recover money and materials he…
TIMNEY VS. TIMNEY (CHILD CUSTODY)
Apr 26, 196076 Nev. 230, 351 P.2d 611 (1960) · 4259 · Nevada Supreme Court
Affirmed. ("Judgment affirmed.")By the Court, McNamee, C.J. On the wife's appeal from the custody provisions of a decree granting the husband a divorce, the court affirmed. The trial court expressly found the wife (who admitted adultery, with…
BAKER VS. BAKER (DIVORCE)
Mar 21, 196076 Nev. 127, 350 P.2d 140 (1960) · 4242 · Nevada Supreme Court
Affirmed. ("Judgment affirmed. No costs are allowed.")On the wife's appeal from a divorce granted to the husband on the three-year separation ground, the court addressed domicil, discretion to grant the divorce, and alimony/property. On residence, it reaffirmed that…
SCHMUTZER VS. SCHMUTZER (CHILD SUPPORT)
Mar 17, 196076 Nev. 123, 350 P.2d 142 (1960) · 4243 · Nevada Supreme Court
Reversed in part and affirmed in part. The court ordered stricken the portion of the modification order relieving the husband of the obligation to pay the $4,800 balance owing on the dwelling, and affirmed the order in all other respects (including the child-support reduction). No costs were allowed.By the Court, McNamee, C.J. On the wife's appeal from an order modifying a 1955 divorce decree, the court reversed in part and affirmed in part. Except as to child custody and support, the decree became final six months…
KRICK VS. KRICK (DIVORCE PROPERTY & ALIMONY)
Jan 29, 196076 Nev. 52, 348 P.2d 752 (1960) · 4225 · Nevada Supreme Court
Affirmed with costs to respondent.By the Court, Pike, J. On the husband's appeal from denial of his NRCP 60(b)(4) motion to enter satisfaction of judgment, the court affirmed. The 1946 decree incorporated a property settlement providing $750 monthly…
COOLMAN VS. COOLMAN (DIVORCE)
Jan 22, 196076 Nev. 43, 348 P.2d 471 (1960) · 4227 · Nevada Supreme Court
Affirmed. ("Judgment is affirmed.")By the Court, McNamee, C.J. On the husband's appeal from a decree of divorce granted to the wife for extreme cruelty, the sole issue was whether the evidence sufficed to show the husband's conduct injured the wife's…
ZAHRINGER VS. ZAHRINGER (DIVORCE PROPERTY & ALIMONY)
Jan 12, 196076 Nev. 21, 348 P.2d 161 (1960) · 4212 · Nevada Supreme Court
Affirmed with costs to respondent. ("Judgment affirmed, with costs to respondent.")By the Court, Pike, J. On the wife's appeal from the portion of a divorce decree awarding certain Firestone stock to the husband as separate property, the court affirmed. Property acquired during coverture is presumed…
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…
GREEN VS. GREEN (DIVORCE)
Jun 5, 195975 Nev. 317, 340 P.2d 586 (1959) · 4158 · Nevada Supreme Court
Affirmed.By the Court, McNamee, J. On the wife's appeal from a decree granting the husband a divorce for extreme cruelty, the court affirmed. Preliminary allowances (attorney fees and travel/subsistence expenses) under NRS…
SUTHERLAND VS. SUTHERLAND (DIVORCE)
Jun 3, 195975 Nev. 304, 340 P.2d 581 (1959) · 4151 · Nevada Supreme Court
Affirmed. ("the judgment and order denying a new trial are affirmed without costs.")The court reviewed a decree of divorce granted to the husband on the ground of three consecutive years of separation without cohabitation under NRS 125.010. On domicile, the trial court's finding of the requisite…
LA POTIN VS. LA POTIN (DIVORCE)
May 15, 195975 Nev. 264, 339 P.2d 123 (1959) · 3978 · Nevada Supreme Court
Reversed and remanded with instructions that judgment for the defendant be set aside and that judgment be entered for the plaintiff vacating and setting aside the divorce decree of July 21, 1949.Per Curiam. On the wife's appeal from a judgment for the husband in her independent action to set aside a 1949 divorce decree he had obtained, the court reversed and remanded. The sole issue was whether the record…
ENGEBRETSON VS. ENGEBRETSON (DIVORCE PROPERTY & ALIMONY)
Apr 28, 195975 Nev. 237, 338 P.2d 75 (1959) · 4142 · Nevada Supreme Court
Affirmed. The court held that the award of accumulated pendente lite alimony was a proper exercise of the trial court's discretion.By the Court, McNamee, J. On the husband's appeal from the portion of a divorce judgment awarding $2,150 in accumulated pendente lite alimony under a prior $100-per-month order, the court affirmed. (An earlier appeal…
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…
FAUSONE VS. FAUSONE (DIVORCE PROPERTY & ALIMONY)
Apr 21, 195975 Nev. 222, 338 P.2d 68 (1959) · 4138 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded. The judgment of divorce in favor of the husband was affirmed; the portions of the judgment denying the wife alimony were reversed and the case remanded with instructions to amend the judgment to provide a reasonable amount for the wife's support. Costs to appellant.By the Court, Badt, J. On the wife's appeal, the court affirmed the divorce and reversed the denial of alimony. The husband was granted a divorce on the ground of three years' separation without cohabitation (NRS…
MOORE VS. MOORE (DIVORCE)
Apr 1, 195975 Nev. 189, 336 P.2d 1073 (1959) · 4126 · Nevada Supreme Court
Modified and, as modified, affirmed. The court struck the $7,000 attorney-fee award to the respondent; in all other respects the judgment (vacating the order that had set aside the divorce decree) was affirmed.By the Court, Badt, J. On the appeal of Paul and Mary Moore from a summary judgment for Benda (Paul's second wife) that set aside a prior order vacating the Paul-Mary divorce decree and restored the decree, the court…
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…
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…
DREYER VS. DREYER (DIVORCE)
Jun 3, 195874 Nev. 167, 325 P.2d 705 (1958) · 4100 · Nevada Supreme Court
Appeal dismissed; motion for damages denied. ("The appeal is hereby dismissed, with costs to respondent... The motion for damages is denied.")Respondent moved to dismiss the husband's appeal for failure to comply with Rule 75(a), (b), and (d), NRCP, after appellant filed his notice of appeal and cost undertaking on June 21, 1957, but failed to serve or file a…
LEVINSON VS. LEVINSON (DIVORCE)
May 22, 195874 Nev. 160, 325 P.2d 771 (1958) · 4059 · Nevada Supreme Court
Affirmed. ("Affirmed.")This appeal challenged the portion of a divorce decree making a final allowance of pendente lite counsel fees, the sole assignment being that the court improperly considered services rendered before the motion for…
KATLEMAN VS. KATLEMAN (DIVORCE)
May 20, 195874 Nev. 141, 325 P.2d 420 (1958) · 4097 · Nevada Supreme Court
Appeal dismissed. ("The motion must be granted.")The court considered respondent husband's motion to dismiss the wife's appeal from an order denying her motion for allowances and alimony pendente lite under NRS 125.040, on the ground that the order was not appealable…
ENGEBRETSON VS. ENGEBRETSON (DIVORCE)
Feb 11, 195773 Nev. 19, 307 P.2d 115 (1957) · 4001 · Nevada Supreme Court
Appeal dismissed. ("The appeal is dismissed with costs to respondent.")The wife moved to dismiss the husband's appeal from a January 24, 1956 'Order for Preliminary Allowances' awarding $300 preliminary counsel fees and $100 per month for support pending the litigation, without prejudice…
GABLER VS. GABLER (DIVORCE)
Dec 14, 195672 Nev. 325, 304 P.2d 404 (1956) · 3923 · Nevada Supreme Court
Reversed and remanded with instructions to enter judgment for the husband. ("Reversed and remanded with instructions that judgment be entered for the defendant in accordance with the prayer of his answer.")The husband appealed from a decree granting the wife a divorce and child custody, the dispositive issue being whether, under the rule of comparative rectitude, the record supported awarding the divorce to the wife as…
WEEKS VS. WEEKS (DIVORCE PROPERTY & ALIMONY)
Oct 26, 195672 Nev. 268, 302 P.2d 750 (1956) · 3928 · Nevada Supreme Court
Reversed and remanded with instructions to modify the judgment to reflect joint ownership of the securities and for further proceedings. ("Reversed and remanded with instructions to modify the judgment by providing that the securities therein listed are owned by the parties... as joint tenants, with right of survivorship and not as tenants in common, and for further proceedings in accordance with this opinion.")The wife appealed from findings in her divorce decree classifying certain securities and purebred cattle as the husband's separate property, and from the refusal to assign her a particular ranch. As to the securities -…
PLUNKETT VS. PLUNKETT (DIVORCE)
May 4, 195571 Nev. 159, 283 P.2d 225 (1955) · 3826 · Nevada Supreme Court
Reversed and remanded with instructions to dismiss. ("Reversed with costs and remanded with instructions that the action be dismissed.")The sole issue was jurisdictional: whether the record supported the district court's finding that the plaintiff husband was a bona fide Nevada resident and domiciliary for the statutory period preceding suit. Domicile…
PLUNKETT VS. PLUNKETT (DIVORCE PROPERTY & ALIMONY)
Dec 8, 195470 Nev. 553, 277 P.2d 380 (1954) · 3826 · Nevada Supreme Court
Granted in part and denied in part - request for costs denied; respondent ordered to pay $200 attorney fee. ("Granted in Part, Denied in Part.")On the appellant wife's motion for an allowance of $250 in costs and expenses and a $500 attorney fee on appeal, the court granted the motion in part and denied it in part. The requested costs (Supreme Court filing…
ALLEN VS. ALLEN (DIVORCE)
May 24, 195470 Nev. 412, 270 P.2d 671 (1954) · 3599 · Nevada Supreme Court
Affirmed with costs. ("Affirmed with costs.")The parties' 1939 Nevada divorce decree approved, adopted, and confirmed a written support agreement and directed the parties to comply with it. In 1949 the husband moved for a nunc pro tunc order incorporating the…
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.