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).
JEFFERS VS. JEFFERS (DIVORCE)
Feb 13, 193455 Nev. 201, 29 P.2d 351 (1934) · 3030 · Nevada Supreme Court
Reversed and remanded with directions. ("The judgment and order denying a new trial are reversed, and the lower court is directed to proceed in accordance with the views expressed in this opinion.")Following Herrick v. Herrick, 55 Nev. 59, 25 P. (2d) 378, the court held that under the five-years'-separation statute (Stats. 1931, c. 111, sec. 1) the complaint need not negative the plaintiff's fault in causing the…
CHAMBLIN VS. CHAMBLIN (DIVORCE)
Jan 3, 193455 Nev. 146, 27 P.2d 1061 (1934) · 3034 · Nevada Supreme Court
Reversed with directions to dismiss. ("[T]he judgment and order appealed from be, and they are hereby, reversed, and the trial court is ordered to dismiss the suit at costs of plaintiff.")Appeal by the husband (defendant) from a decree of the district court annulling and setting aside a prior decree of divorce he had obtained, and from the order denying a new trial. The wife's suit alleged the divorce…
HUNNEWELL VS. HUNNEWELL (DIVORCE)
Jan 3, 193455 Nev. 150, 27 P.2d 1062 (1934) · 3035 · Nevada Supreme Court
Affirmed. ("The judgment and order appealed from should be affirmed. It is so ordered.")The dispositive issue was the trial court's dismissal of the wife's cross-complaint for lack of proof of the plaintiff-husband's Nevada residence, a jurisdictional fact. The plaintiff conceded that the evidence proved…
SNYDER VS. SNYDER (DIVORCE)
Jan 3, 193455 Nev. 157, 28 P.2d 129 (1934) · 3007 · Nevada Supreme Court
Affirmed. ("the order denying and overruling appellant's motion for new trial should be affirmed. It is so ordered.")The case reached the court on appeal from the judgment and from the order denying a new trial in a divorce granted to the husband on the ground of the wife's incurable impotency. The court declined to review the…
WILSON VS. WILSON (DIVORCE)
Nov 8, 193355 Nev. 99, 26 P.2d 355 (1933) · 3031 · Nevada Supreme Court
Affirmed; remittitur to issue instanter. ("The order appealed from is affirmed. It is further ordered that remittitur issue instanter.")This per curiam opinion decided the merits of the husband's appeal from an order granting the wife's motion for a change of venue in a divorce action originally filed in the Third Judicial District Court, Lander County.…
VALVERDE VS. VALVERDE (DIVORCE)
Nov 3, 193355 Nev. 82, 26 P.2d 233 (1933) · 3004 · Nevada Supreme Court
Reversed with directions. District court directed to enter a decree finding the allegations of extreme cruelty untrue and in favor of the defendant wife, with costs in both courts.The court framed the sole dispositive issue as whether the evidence sustained the finding that the wife committed extreme cruelty resulting in injury to the husband's health. It acknowledged the general rule against…
JEFFERS VS. JEFFERS (DIVORCE)
Oct 11, 193355 Nev. 69, 25 P.2d 556 (1933) · 3030 · Nevada Supreme Court
Motion granted in part. Respondent ordered to pay the clerk, for appellant's benefit, a $200 attorney's fee and a $25 filing fee; application as to further costs denied.On the wife's appeal from a divorce decree, the court entertained her motion for an allowance of attorney's fees, a filing fee, and costs on appeal, submitted without oral argument. The court reaffirmed that the poverty…
HERRICK VS. HERRICK (DIVORCE)
Oct 2, 193355 Nev. 59, 25 P.2d 378 (1933) · 2993 · Nevada Supreme Court
Affirmed. ("The decree and order denying a new trial are affirmed.")The court construed Stats. 1931, c. 111, sec. 1, which added living apart for five consecutive years without cohabitation as a ground for divorce, granting the court discretion to decree divorce "at the suit of either…
WILSON VS. WILSON (DIVORCE)
Jul 31, 193355 Nev. 57, 24 P.2d 317 (1933) · 3031 · Nevada Supreme Court
Motion to strike granted; affidavits stricken. Appellant husband ordered to pay the defendant wife or her attorney a $150 attorney's fee within ten days.This per curiam opinion resolved two motions made in connection with the husband's appeal from an order granting the wife's motion for a change of place of trial. On the motion to strike, the court held that nothing can…
HERRICK VS. HERRICK (DIVORCE PROPERTY & ALIMONY)
Nov 1, 193254 Nev. 323, 15 P.2d 681 (1932) · 2993 · Nevada Supreme Court
Motion granted in reduced amount: respondent ordered to pay $250 as an attorney fee within 30 days, or in lieu thereof to assign to appellant his equity in 170 shares of Herrick Development Company stock.Motion by the appellant wife in the Nevada Supreme Court for an order requiring the respondent husband to pay a $500 attorney fee to enable her to prosecute her appeal from a Washoe County decree granting him a divorce.…
DAVIS VS. DAVIS (DIVORCE)
Aug 30, 193254 Nev. 267, 13 P.2d 1109 (1932) · 2956 · Nevada Supreme Court
Reversed and a new trial ordered. ("The judgment and order appealed from are reversed, and a new trial is ordered.")Appeal by the defendant wife from a judgment of divorce entered on a jury's general verdict for the plaintiff husband (desertion and extreme cruelty pleaded) and from the order denying a new trial. Held: (1) the…
CRAYNE VS. CRAYNE (DIVORCE)
Aug 4, 193254 Nev. 205, 13 P.2d 222 (1932) · 2970 · Nevada Supreme Court
Affirmed. ("The judgment and order appealed from are affirmed.")Appeal by the defendant wife from a decree granting the plaintiff husband a divorce (cruelty) in the Second Judicial District Court, Washoe County, and from the order denying her new trial motion. Ducker, J. The wife's…
JEWELL VS. JEWELL (DIVORCE)
Nov 5, 193053 Nev. 97, 292 P. 616 (1930) · 2802 · Nevada Supreme Court
Affirmed. ("The judgment is affirmed.")Appeal by the defendant husband from a decree of divorce in favor of the plaintiff wife on the seventh statutory ground, neglect of the husband for one year to provide the common necessaries of life where the neglect is…
BATES VS. BATES (DIVORCE)
Oct 29, 193053 Nev. 77, 292 P. 298 (1930) · 2881 · Nevada Supreme Court
Reversed. ("The judgment is reversed.")Appeal by the defendant wife from a Washoe County decree granting the plaintiff husband a divorce for extreme cruelty and from the finding rejecting her counterclaim for separate maintenance ($100 per month). Sanders,…
D'ERRICO VS. D'ERRICO (DIVORCE)
Apr 26, 193052 Nev. 353, 287 P. 445 (1930) · 2824 · Nevada Supreme Court
On rehearing, judgment and order denying a new trial again reversed and cause remanded. ("...must again be reversed, and the cause remanded. It is so ordered.")Decision on rehearing (granted September 13, 1929) of D'Errico v. D'Errico, 51 Nev. 363, 276 P. 530 (1929). The plaintiff husband's petition urged that the res judicata ruling eliminated only the original complaint and…
SILVERMAN VS. SILVERMAN (DIVORCE)
Jan 4, 193052 Nev. 152, 283 P. 593 (1930) · 2846 · Nevada Supreme Court
Reversed and remanded. ("The judgment appealed from must therefore be reversed, and the cause remanded for such further proceedings as the parties may be advised. It is so ordered.")Appeal by the defendant wife from a Second Judicial District Court (Washoe County) decree granting the plaintiff husband a divorce on the ground of constructive desertion, and from the order denying her new trial…
WILLIAMSON VS. WILLIAMSON (DIVORCE)
Sep 27, 192952 Nev. 78, 280 P. 651 (1929) · 2742 · Nevada Supreme Court
Reversed; rehearing of the motion directed. ("The order denying the motion to set aside the default judgment should be reversed. It is so ordered, and a rehearing of the motion directed in accordance with this opinion.")Appeal by the defendant wife from an order denying her motion to set aside a default and divorce judgment entered March 21, 1925 on constructive service. Ducker, C.J. The order for publication required mailing a copy of…
KLEPPER VS. KLEPPER (DIVORCE)
Aug 1, 192951 Nev. 468, 279 P. 758 (1929) · 2804 · Nevada Supreme Court
The order appealed from is affirmed.Second reported appeal in the Klepper divorce litigation (No. 2804; the earlier reported ruling in the same appeal (51 Nev. 145, denying a motion to dismiss) appears at 51 Nev. 145). Defendant appealed from the order…
BLANKENSHIP VS. BLANKENSHIP (DIVORCE)
Apr 5, 192951 Nev. 356, 276 P. 9 (1929) · 2838 · Nevada Supreme Court
Reversed and remanded with directions to enter judgment for the appellant dismissing the action.Appeal by the defendant wife from a decree granting the plaintiff husband a divorce for extreme cruelty committed after May 9, 1927, and from the order denying her new trial motion. Ducker, C.J. The wife's affirmative…
D'ERRICO VS. D'ERRICO (DIVORCE)
Apr 5, 192951 Nev. 363, 276 P. 530 (1929) · 2824 · Nevada Supreme Court
Reversed and cause remanded with directions to the lower court to dismiss the action; rehearing subsequently granted.Appeal by the defendant wife from a Washoe County judgment granting the plaintiff husband a divorce and from the order denying her new trial motion; trial to the court without a jury. Sanders, J. The husband's June 15,…
LATTERNER VS. LATTERNER (DIVORCE)
Feb 5, 192951 Nev. 285, 274 P. 194 (1929), reh'g denied, May 16, 1929 · 2836 · Nevada Supreme Court
The judgment is reversed. Rehearing denied.Appeal by the defendant wife from a decree of divorce granted to the plaintiff husband, challenging only the bona fides of his alleged three-month Douglas County residence pleaded under Rev. Laws 5838 as amended by…
SMITH VS. SMITH (DIVORCE)
Feb 5, 192951 Nev. 271, 274 P. 9 (1929) · 2829 · Nevada Supreme Court
Judgment reversed, with directions to the lower court to enter judgment and decree in favor of the defendant, at plaintiff's costs.Suit for divorce on the ground of nonsupport; the wife prevailed below and the Supreme Court reversed outright. Sanders, J., held that the plaintiff could not predicate a nonsupport cause of action on the defendant's…
KLEPPER VS. KLEPPER (DIVORCE)
Nov 8, 192851 Nev. 145, 271 P. 336 (1928) · 2804 · Nevada Supreme Court
Motion to dismiss the appeal denied. ("For the reasons given, the motion is denied.")Motion by the respondent wife (plaintiff below) to dismiss the defendant husband's appeal from a default divorce decree entered after his special appearance and motion to quash the summons and its service (personal…
CARROLL VS. CARROLL (DIVORCE PROPERTY & ALIMONY)
Jul 2, 192851 Nev. 62, 268 P. 771 (1928) · 2799 · Nevada Supreme Court
Reversed. ("The counterclaim failing to state facts sufficient to constitute a cause of action for separate maintenance, it is ordered that the judgment be reversed.")Appeal by the plaintiff husband, from the judgment only, after the district court in his cruelty divorce action awarded the defendant wife $200 monthly separate maintenance on her counterclaim (which pleaded cruelty and…
MORRIS VS. MORRIS (DIVORCE)
Aug 1, 192750 Nev. 298, 258 P. 232 (1927) · 2760 · Nevada Supreme Court
The judgment is affirmed.Appeal from a decree of divorce for extreme cruelty in the wife's favor, taken from the judgment alone; with no appeal from the order denying a new trial, review was confined to the judgment roll and a bill of…
THOMPSON VS. THOMPSON (DIVORCE)
Jul 8, 192649 Nev. 375, 247 P. 545 (1926) · 2638 · Nevada Supreme Court
It is ordered that the judgment be affirmed.Suit for divorce on the ground of desertion, tried to a jury, verdict and decree for the plaintiff husband; the defendant wife appealed from the judgment and the order denying a new trial. The pivotal ruling below…
SWEET VS. SWEET (DIVORCE)
Mar 10, 192649 Nev. 254, 243 P. 817 (1926) · 2695 · Nevada Supreme Court
The judgment is affirmed.Husband's action for divorce on the ground of willful desertion, on a constructive-desertion theory (the defendant's acts and conduct justified plaintiff in leaving, chargeable to the offending spouse as desertion, 9…
MCNEE VS. MCNEE (DIVORCE)
Jul 6, 192549 Nev. 90, 237 P. 534 (1925) · 2689 · Nevada Supreme Court
The judgment is affirmed.Appeal from a judgment annulling a marriage and from the order denying a new trial. The complaint pleaded two causes under Rev. Laws 2355 (annulment for want of understanding rendering a party incapable of assent, or…
FELIS VS. FELIS (DIVORCE PROPERTY & ALIMONY)
Nov 5, 192448 Nev. 296, 229 P. 764 (1924) · 2655 · Nevada Supreme Court
The judgment is affirmed.Appeal upon the judgment roll alone from the property provisions of a divorce decree. The plaintiff wife was granted a divorce for extreme cruelty; the decree ordered the defendant husband to convey to her by sufficient…
WALLMAN VS. WALLMAN (DIVORCE PROPERTY & ALIMONY)
Oct 6, 192448 Nev. 239, 229 P. 1 (1924) · 2661 · Nevada Supreme Court
Ordered that plaintiff pay to the clerk of the court, for the benefit of the defendant, an attorney's fee of $200, and that proceedings be stayed until the order is complied with.Motion by the respondent wife, in the plaintiff husband's appeal from a judgment in her favor and the order denying a new trial in his divorce action, for $200 attorney's fees for the defense of the appeal, for expenses…
GUARDIA VS. GUARDIA (DIVORCE)
Oct 4, 192448 Nev. 230, 229 P. 386 (1924) · 2646 · Nevada Supreme Court
The order is affirmed.Appeal from a default divorce decree and from the order denying the defendant wife's motion under the surprise/inadvertence/excusable-neglect statute to vacate it. The nonresident defendant was personally served in…
EFFINGER VS. EFFINGER (DIVORCE PROPERTY & ALIMONY)
Sep 10, 192448 Nev. 205, 228 P. 615 (1924) · 2645 · Nevada Supreme Court
Motion for counsel fees denied (September 10, 1924); on the merits, the judgment was affirmed (October 7, 1925).Motion by the appellant wife for $2,500 in counsel fees to prosecute her appeal from a decree of divorce obtained by the respondent husband. Ducker, C.J., denied the motion: allowances to the wife rest on necessity to…
MCLAUGHLIN VS. MCLAUGHLIN (DIVORCE)
Aug 30, 192448 Nev. 153, 228 P. 305 (1924) · 2665 · Nevada Supreme Court
Motion for allowances granted (August 30, 1924); on the merits (August 5, 1925), the order denying a new trial was reversed and the cause remanded; rehearing denied; appellant's cost bill ordered allowed as claimed.Reported at 48 Nev. 153, the case comprises several opinions. On motion for allowance (August 30, 1924, 228 P. 305): the appellant wife, having perfected her appeal from the order denying a new trial in the husband's…
BARBER VS. BARBER (DIVORCE)
Jan 29, 192447 Nev. 377, 222 P. 284 (1924) · 2594 · Nevada Supreme Court
The judgment is reversed. Rehearing denied.Action for divorce for extreme cruelty in which the wife prevailed; the husband appealed from the order denying his motion for a new trial, having pleaded in bar a prior decree of the Supreme Court of the District of…
BLACK VS. BLACK (DIVORCE PROPERTY & ALIMONY)
Jan 5, 192447 Nev. 346, 221 P. 239 (1924) · 2621 · Nevada Supreme Court
Motion for counsel fees on appeal denied.On respondent wife's motion in the supreme court for a $250 counsel-fee allowance to defend appellant husband's appeal from her Washoe County divorce decree, the court reaffirmed its power to order payment of attorney…
BOWMAN VS. BOWMAN (DIVORCE)
Sep 11, 192347 Nev. 207, 217 P. 1102 (1923), reh'g denied, March 10, 1924 · 2581 · Nevada Supreme Court
Orders vacating the default divorce decree and permitting the defendant to answer affirmed; rehearing denied.Appeal by plaintiff husband from orders vacating his February 17, 1922 default divorce decree (constructive service by publication and mailing) and permitting defendant wife to answer. The controlling clause of Rev.…
PEASE VS. PEASE (DIVORCE)
Aug 6, 192347 Nev. 124, 217 P. 239 (1923) · 2580 · Nevada Supreme Court
Judgment of dismissal without prejudice affirmed.Defendant wife appealed from a decree dismissing plaintiff husband's extreme-cruelty divorce action without prejudice to a new suit on the same cause if reconciliation failed. The alleged cruelty postdated a May 3, 1919…
VICKERS VS. VICKERS (DIVORCE)
Oct 15, 192145 Nev. 274, 199 P. 70 (1921), reh'g denied · 2488 · Nevada Supreme Court
Judgment on the pleadings for the defendant affirmed; petition for rehearing denied.Plaintiff husband appealed from a judgment on the pleadings for defendant wife in his cruelty-based divorce action. Her answer pleaded in bar the April 15, 1920 Cabell County, West Virginia separate maintenance decree…
LOMBARDI VS. LOMBARDI (DIVORCE PROPERTY & ALIMONY)
Jan 15, 192144 Nev. 314, 195 P. 93 (1921), reh'g denied · 2454 · Nevada Supreme Court
Order denying the motion for a new trial affirmed; rehearing denied.Defendant husband appealed from an order denying his motion for a new trial of the issues raised by his cross-complaint respecting 461 Vine Street, Reno, which the divorce decree (extreme cruelty; alimony for the two…
ALLEN VS. ALLEN (DIVORCE)
Oct 15, 192044 Nev. 243, 193 P. 539 (1920), reh'g denied · 2304 · Nevada Supreme Court
Judgment denying the divorce affirmed; petition for rehearing denied.Plaintiff appealed from a judgment denying her publication-service divorce action for nonsupport and from denial of new trial; the defendant defaulted and counsel appeared below as amici curiae to test the case. The…
GREINSTEIN VS. GREINSTEIN (DIVORCE PROPERTY & ALIMONY)
Jul 15, 192044 Nev. 174, 191 P. 1082 (1920) · 2440 · Nevada Supreme Court
Judgment affirmed.Appeal on the judgment roll alone (a tendered bill of exceptions was disallowed as untimely, 3 Rev. Laws p. 3342) from portions of a divorce judgment for the plaintiff wife. A jury found extreme cruelty; the court…
CLARK VS. CLARK (DIVORCE)
Apr 15, 192044 Nev. 44, 189 P. 676 (1920), aff'd on reh'g · 2424 · Nevada Supreme Court
Decree of divorce affirmed; affirmed again on rehearing, the alimony portion of the judgment being left to the plaintiff's separate appeal.Defendant appealed from a Washoe County decree of September 30, 1919 granting plaintiff a divorce for adultery (defendant's February 16, 1910 ceremonial marriage to and open cohabitation with Emily James) and from…
ROBERTSON VS. ROBERTSON (DIVORCE PROPERTY & ALIMONY)
Jul 15, 191943 Nev. 50, 180 P. 122 (1919), reh'g denied · 2335 · Nevada Supreme Court
Judgment for the husband affirmed; rehearing denied.Wife appealed from a judgment for the husband, after a bench trial, in her action for breach of an August 30, 1915 written agreement made during the pendency of his divorce action, by which she covenanted not to seek…
PHILLIPS VS. PHILLIPS (DIVORCE PROPERTY & ALIMONY)
Apr 15, 191942 Nev. 460, 180 P. 907 (1919) · 2366 · Nevada Supreme Court
Order affirmed.Defendant appealed from an order entered in a contempt proceeding initiated by the plaintiff's affidavit in the divorce action, based on his failure to pay the $50 monthly alimony awarded her in connection with an…
SWEENEY VS. SWEENEY (DIVORCE PROPERTY & ALIMONY)
Apr 15, 191942 Nev. 431, 179 P. 638 (1919) · 2359 · Nevada Supreme Court
Order annulled and judgment reversed.Executors of James G. Sweeney appealed from an order and judgment, on the petition of the divorced wife filed October 13, 1917 in the 1914 divorce action, substituting them as defendants for their deceased testator (d.…
BLAKESLEE VS. BLAKESLEE (DIVORCE)
Oct 15, 191741 Nev. 235, 168 P. 950 (1917) · 2281 · Nevada Supreme Court
Judgment affirmed.Defendant wife appealed from a decree granting plaintiff husband a divorce founded on extreme cruelty and desertion, all underlying acts having occurred in Illinois where the parties formerly lived together; the husband…
ROBERSON VS. ROBERSON (DIVORCE)
Oct 15, 191741 Nev. 276, 169 P. 333 (1917) · 2282 · Nevada Supreme Court
Judgment and order denying a new trial affirmed.Plaintiff husband appealed from a judgment for the defaulted, non-appearing defendant wife in his desertion divorce action (wilful desertion for one year, Rev. Laws 5838) and from denial of new trial. The parties…
DANFORTH VS. DANFORTH (DIVORCE)
Jul 15, 191740 Nev. 435, 166 P. 127 (1917) · 2278 · Nevada Supreme Court
Judgment reversed and case remanded for a new trial.Appeal by the plaintiff from a judgment sustaining a plea of res adjudicata founded on a judgment of the Supreme Judicial Court of Androscoggin County, Maine, denying the plaintiff's earlier divorce libel. Coleman, J.,…
KEENAN VS. KEENAN (DIVORCE PROPERTY & ALIMONY)
Apr 15, 191740 Nev. 351, 164 P. 351 (1917) · 2257 · Nevada Supreme Court
Order sustaining the demurrer affirmed.Appeal by the plaintiff former wife from an order sustaining a demurrer, on jurisdictional grounds, to her White Pine County action for partition and accounting of property held by the defendant, brought under Rev. Laws…
MERRITT VS. MERRITT (DIVORCE)
Apr 15, 191740 Nev. 385, 160 P. 22 (1917), on reh'g, reversal adhered to and entry of decree directed · 2230 · Nevada Supreme Court
Judgment and order reversed. On rehearing, reversal adhered to, with instructions to the trial court to enter the decree of divorce as prayed for.Appeal by the plaintiff wife from a Second Judicial District Court judgment decreeing the court 'without jurisdiction in said cause' and that plaintiff take nothing, and from denial of a new trial. McCarran, J.…
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.
