2005 Nevada Revised Statutes - Chapter 125 — Dissolution of Marriage

CHAPTER 125 - DISSOLUTION OF MARRIAGE

GENERAL PROVISIONS

NRS 125.005 Refereesin certain judicial districts: Appointment; duties; compensation.

DIVORCE

NRS 125.010 Causesfor divorce.

NRS 125.020 Verifiedcomplaint; residence or domicile; jurisdiction of district court.

NRS 125.030 Complaintmay state cause in words of statute; either party may demand bill ofparticulars.

NRS 125.040 Ordersfor support and cost of suit during pendency of action.

NRS 125.050 Preliminaryorders concerning property or pecuniary interests.

NRS 125.070 Judgeto determine questions of law and fact.

NRS 125.080 Trialof divorce action may be private.

NRS 125.090 Proceedings,pleadings and practice.

NRS 125.100 Reportingand transcription of evidence: Filing and costs.

NRS 125.110 Whatpleadings and papers open to public inspection; written request of party forsealing.

NRS 125.120 Courtmay grant divorce to either party.

NRS 125.123 Applicationfor decree of divorce by default; affidavit.

NRS 125.130 Decreeof divorce final and absolute; duties of court concerning social securitynumbers of parties; order changing name of wife.

NRS 125.141 Offerto allow decree concerning property rights of parties: Acceptance andrejection; entry of judgment in accordance with offer; effect of party whorejects offer failing to obtain more favorable judgment.

NRS 125.150 Alimonyand adjudication of property rights; award of attorneys fee; subsequentmodification by court.

NRS 125.155 Pensionor retirement benefit provided by Public Employees Retirement System orJudicial Retirement Plan: Determination of value of interest or entitlement;disposition; termination of obligation to pay.

NRS 125.180 Judgmentfor arrearages in payment of alimony and support.

NRS 125.181 Summaryproceeding for divorce: Conditions.

NRS 125.182 Summaryproceeding for divorce: Commencement of action; contents of petition; affidavitof corroboration of residency.

NRS 125.183 Summaryproceeding for divorce: Termination of proceeding by revocation of petition.

NRS 125.184 Summaryproceeding for divorce: Entry of final judgment.

NRS 125.185 Validdivorce in Nevada not subject to contest or attack by third persons not partiesto divorce.

SEPARATE MAINTENANCE

NRS 125.190 Actionby spouse for permanent support and maintenance.

NRS 125.200 Powerof court to require spouse to pay expenses of litigation and support.

NRS 125.210 Powersof court respecting property and support of spouse and children.

NRS 125.220 Complainingspouse may record notice of lis pendens; either spouse may be enjoined fromdisposing of property.

NRS 125.230 Ordersconcerning custody, control and support of minor children; duties of courtconcerning social security numbers of parties.

NRS 125.240 Enforcementof judgment and orders: Remedies.

NRS 125.250 Procedureand practice as in actions for divorce.

NRS 125.260 Reportingand transcription of evidence: Filing and costs.

NRS 125.270 Installmentjudgments for support subject to modification as to installments not accrued.

NRS 125.280 Judgmentfor arrearages in payment of support.

ANNULMENT

NRS 125.290 Voidmarriages.

NRS 125.300 Voidablemarriages: Causes for annulment.

NRS 125.320 Causefor annulment: Lack of consent of parent or guardian.

NRS 125.330 Causefor annulment: Want of understanding.

NRS 125.340 Causefor annulment: Fraud.

NRS 125.350 Causefor annulment: Grounds for declaring contract void in equity.

NRS 125.360 Annulmentof marriage contracted within State: No requirement of residence.

NRS 125.370 Annulmentof marriage not contracted within State: Jurisdiction of district court.

NRS 125.380 Causefor annulment may be pleaded in divorce complaint.

NRS 125.390 Actionin rem; status of parties determined.

NRS 125.400 Serviceof process.

NRS 125.410 Issueof marriages are legitimate.

NRS 125.420 Presumption:Law of another state same as law of Nevada.

NRS 125.430 Reportingand transcription of evidence: Filing and costs.

NRS 125.440 Judgmentfor arrearages in payment of support.

CUSTODY OF CHILDREN

NRS 125.450 Orderfor medical and other care, support, education and maintenance required.

NRS 125.460 Statepolicy.

NRS 125.465 Marriedparents have joint custody until otherwise ordered by court.

NRS 125.470 Orderfor production of child before court; determinations concerning physicalcustody of child.

NRS 125.480 Bestinterest of child; preferences; considerations of court; presumption when courtdetermines that parent or person residing with child is perpetrator of domesticviolence.

NRS 125.490 Jointcustody.

NRS 125.500 Awardof custody to person other than parent.

NRS 125.510 Courtorders; modification or termination of orders; form for orders; court may orderparent to post bond if parent resides in or has significant commitments inforeign country.

NRS 125.520 Planfor carrying out courts order; access to childs records.

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 125.555 Requirednotice concerning admission to bail.

NRS 125.560 Penaltyfor violation.

_________

GENERAL PROVISIONS

NRS 125.005 Refereesin certain judicial districts: Appointment; duties; compensation.

1. In any action for divorce, annulment or separatemaintenance, or any proceeding in which the support for or custody andvisitation of a minor child is an issue, the district judge may appoint anyperson qualified by previous experience, training and demonstrated interest indomestic relations as referee.

2. Subject to the specifications and limitationsstated in the order of appointment, the referee shall hear all disputed factualissues and make written findings of fact and recommendations to the districtjudge.

3. The proceedings before the referee must beconducted in the same manner as in the district court. The referee may ruleupon the admissibility of evidence unless otherwise directed by the court. Hemay call the parties to the action and other witnesses and may examine themunder oath.

4. The report of the referee must be furnished to eachparty or his attorney at the conclusion of the proceeding or as soon thereafteras possible. Within 10 days after receipt of the report, either party may fileand serve upon the other party written objections to the report. If noobjection is filed, the court shall accept the findings of fact unless clearlyerroneous, and judgment may be entered thereon. If an objection is filed withinthe 10-day period, the court shall review the matter and enter such order,judgment or decree as is just, equitable and appropriate.

5. The compensation of a referee appointed pursuant tothis section must not be taxed against the parties but must be fixed by thejudge to be paid from appropriations made by the board of county commissionersfor the expenses of the district court.

6. The provisions of this section apply only injudicial districts that do not include a county whose population is 400,000 ormore.

(Added to NRS by 1985, 383; A 1991, 2179)

DIVORCE

NRS 125.010 Causesfor divorce. Divorce from the bonds ofmatrimony may be obtained for any of the following causes:

1. Insanity existing for 2 years prior to thecommencement of the action. Upon this cause of action the court, beforegranting a divorce, shall require corroborative evidence of the insanity of thedefendant at that time, and a decree granted on this ground shall not relievethe successful party from contributing to the support and maintenance of thedefendant, and the court may require the plaintiff in such action to give bondtherefor in an amount to be fixed by the court.

2. When the husband and wife have lived separate andapart for 1 year without cohabitation the court may, in its discretion, grantan absolute decree of divorce at the suit of either party.

3. Incompatibility.

[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159;1915, 26; 1921, 2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL 9460]+ [1:111:1931; A 1939, 16; 1931 NCL 9467.06](NRS A 1967, 805; 1969, 176;1973, 736)

NRS 125.020 Verifiedcomplaint; residence or domicile; jurisdiction of district court.

1. Divorce from the bonds of matrimony may be obtainedfor the causes provided in NRS 125.010,by verified complaint to the district court of any county:

(a) In which the cause therefor accrued;

(b) In which the defendant resides or may be found;

(c) In which the plaintiff resides;

(d) In which the parties last cohabited; or

(e) If plaintiff resided 6 weeks in the State beforesuit was brought.

2. Unless the cause of action accrued within thecounty while the plaintiff and defendant were actually domiciled therein, nocourt has jurisdiction to grant a divorce unless either the plaintiff ordefendant has been resident of the State for a period of not less than 6 weekspreceding the commencement of the action.

[Part 22:33:1861; A 1875, 63; 1913, 10, 159; 1915,26; 1921, 2, 386; 1923, 389; 1927, 126; 1931, 161; 1931 NCL 9460](NRS A1981, 179)

NRS 125.030 Complaintmay state cause in words of statute; either party may demand bill ofparticulars.

1. In actions for divorce the complaint of theplaintiff or the cross-claim or counterclaim of the defendant may state thecause or causes for divorce upon which the party or parties rely, in the wordsof the statute. In such case either party, after appearance of the defendantand upon 5 days written demand therefor, shall have a bill of particularsstating in detail the facts, dates, times and occasions upon which theplaintiff or the defendant relies for cause of action, and either party may,upon motion, be required to furnish in writing a further bill of particularsupon good cause shown.

2. Such bill or bills of particulars need not befiled, but if filed may be withdrawn upon the written consent of the parties.

[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159;1915, 26; 1921, 2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL 9460]+ [2:222:1931; 1931 NCL 9467.04]

NRS 125.040 Ordersfor support and cost of suit during pendency of action.

1. In any suit for divorce the court may, in itsdiscretion, upon application by either party and notice to the other party,require either party to pay moneys necessary to assist the other party inaccomplishing one or more of the following:

(a) To provide temporary maintenance for the otherparty;

(b) To provide temporary support for children of theparties; or

(c) To enable the other party to carry on or defendsuch suit.

2. The court may make any order affecting property ofthe parties, or either of them, which it may deem necessary or desirable toaccomplish the purposes of this section. Such orders shall be made by the courtonly after taking into consideration the financial situation of each of theparties.

3. The court may make orders pursuant to this sectionconcurrently with orders pursuant to NRS125.470.

[Part 27:33:1861; A 1865, 99; 1915, 324; 1939, 18;1931 NCL 9465](NRS A 1963, 8; 1975, 246)

NRS 125.050 Preliminaryorders concerning property or pecuniary interests. If,after the filing of the complaint, it is made to appear probable to the courtthat either party is about to do any act that would defeat or render lesseffectual any order which the court might ultimately make concerning theproperty or pecuniary interests, the court shall make such restraining order orother order as appears necessary to prevent the act or conduct and preserve thestatus quo pending final determination of the cause.

[Part 25:33:1861; A 1939, 18; 1943, 117; 1949, 54;1943 NCL 9463](NRS A 1979, 142)

NRS 125.070 Judgeto determine questions of law and fact. Thejudge of the court shall determine all questions of law and fact arising in anydivorce proceeding under the provisions of this chapter.

[29:33:1861; A 1939, 18; 1931 NCL 9467](NRS A1963, 543)

NRS 125.080 Trialof divorce action may be private. In anyaction for divorce the court shall, upon demand of either party, direct thatthe trial and issue or issues of fact joined therein be private, and upon suchdirection all persons shall be excluded from the court or chambers wherein theaction is tried, except the officers of the court, the parties, and theirwitnesses and counsel.

[43:19:1865; B 948; BH 2462; C 2543; RL 4863;NCL 8405] + [3:222:1931; 1931 NCL 9467.05]

NRS 125.090 Proceedings,pleadings and practice. Except in a summaryproceeding for divorce, the proceedings, pleadings and practice must conform tothe Nevada Rules of Civil Procedure as nearly as conveniently possible, but allpreliminary and final orders may be in such form as best effects the object ofthis chapter, and produces substantial justice.

[26:33:1861; B 219; BH 495; C 506; RL 5842;NCL 9464](NRS A 1983, 416; 1985, 981)

NRS 125.100 Reportingand transcription of evidence: Filing and costs.

1. When ordered by the court, the evidence in divorceactions shall be reported and transcribed and the transcript thereof filed withthe pleadings in the case.

2. The cost of such transcript shall be immediatelycomputed by the reporter and paid by the party ordered by the court to do so tothe clerk of the court, who shall pay the same to the reporter upon receivingfrom the latter the transcript of evidence.

3. In all cases heretofore or hereafter where atranscript of evidence has not been filed due to the death of the reporter, anda period of not less than 5 years has elapsed and no claim has been made duringthat period by any party, the amount of money on deposit with the clerk, andpayable to such reporter if a transcript of the evidence had been filed, shallbe, by the clerk, paid to the county treasurer, who shall deposit the same inthe county general fund.

[Part 1:352:1953](NRS A 1957, 270)

NRS 125.110 Whatpleadings and papers open to public inspection; written request of party forsealing.

1. In any action for divorce, the following papers andpleadings in the action shall be open to public inspection in the clerksoffice:

(a) In case the complaint is not answered by thedefendant, the summons, with the affidavit or proof of service; the complaintwith memorandum endorsed thereon that the default of the defendant in notanswering was entered, and the judgment; and in case where service is made bypublication, the affidavit for publication of summons and the order directingthe publication of summons.

(b) In all other cases, the pleadings, the finding ofthe court, any order made on motion as provided in Nevada Rules of CivilProcedure, and the judgment.

2. All other papers, records, proceedings andevidence, including exhibits and transcript of the testimony, shall, upon thewritten request of either party to the action, filed with the clerk, be sealedand shall not be open to inspection except to the parties or their attorneys,or when required as evidence in another action or proceeding.

[1:222:1931; 1931 NCL 9467.03](NRS A 1963, 544)

NRS 125.120 Courtmay grant divorce to either party. In anyaction for divorce when it appears to the court that grounds for divorce exist,the court in its discretion may grant a divorce to either party.

[30:33:1861; added 1931, 179; 1931 NCL 9467.01](NRSA 1957, 150; 1959, 778; 1973, 736)

NRS 125.123 Applicationfor decree of divorce by default; affidavit. Anapplication for a decree of divorce by default may be made by affidavit unlessthe court requires oral testimony of the witnesses. If there is a maritalsettlement agreement, it must be identified in the affidavit and attached tothe affidavit as an exhibit. Any affidavit made to support the application,including an affidavit to corroborate residency, must:

1. Be based upon the personal knowledge of theaffiant;

2. Contain only facts which would be admissible inevidence;

3. Give factual support to each allegation in theapplication; and

4. Establish that the affiant is competent to testifyto the contents of the affidavit.

(Added to NRS by 1985, 981; A 1987, 1179)

NRS 125.130 Decreeof divorce final and absolute; duties of court concerning social securitynumbers of parties; order changing name of wife.

1. A judgment or decree of divorce granted pursuant tothe provisions of this chapter is a final decree.

2. Whenever a decree of divorce from the bonds ofmatrimony is granted in this State by a court of competent authority, thedecree fully and completely dissolves the marriage contract as to both parties.

3. A court that grants a decree of divorce pursuant tothe provisions of this section shall ensure that the social security numbers ofboth parties are:

(a) Provided tothe Division of Welfare and Supportive Services of the Department of Health andHuman Services.

(b) Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

4. In all suits for divorce, if a divorce is granted,the court may, for just and reasonable cause and by an appropriate orderembodied in its decree, change the name of the wife to any former name whichshe has legally borne.

[Part 22:33:1861; A 1875, 63; 1913, 10; 1913, 159;1915, 26; 1921, 2; 1921, 385; 1923, 389; 1927, 126; 1931, 161; 1931 NCL 9460]+ [28:33:1861; A 1939, 18; 1931 NCL 9466](NRS A 1975, 247; 1997, 2288; 1999, 2679)

NRS 125.141 Offerto allow decree concerning property rights of parties: Acceptance andrejection; entry of judgment in accordance with offer; effect of party whorejects offer failing to obtain more favorable judgment.

1. In anyaction for divorce, at any time more than 10 days before trial, a party mayserve upon the opposing party a written offer to allow a decree to be enteredconcerning the property rights of the parties in accordance with the terms andconditions of the offer.

2. If an offermade by a party pursuant to this section is accepted by the opposing party andapproved by the court, the court shall, upon entry of the decree of divorce,enter judgment in accordance with the terms and conditions of the offer.

3. If an offermade by a party pursuant to this section is not accepted by the opposing partybefore trial or within 10 days after it is made, whichever occurs first, theoffer shall be deemed rejected and cannot be given in evidence upon the trial.The rejection of an offer does not preclude either party from making anotheroffer pursuant to this section.

4. If an offeris deemed rejected pursuant to subsection 3 and the party who rejected theoffer fails to obtain a more favorable judgment concerning the property rightsthat would have been resolved by the offer if it had been accepted, the courtmay do any or all of the following:

(a) Order theparty who rejected the offer to pay the taxable costs of the opposing partythat relate to the adjudication of those property rights.

(b) Order theparty who rejected the offer to pay the reasonable attorneys fees incurred bythe opposing party after the date of the offer that relate to the adjudicationof those property rights.

(c) Prohibitthe party who rejected the offer from recovering any costs or attorneys feesthat relate to the adjudication of those property rights, except that the courtmay not, pursuant to the provisions of this paragraph, prohibit the party fromrecovering any preliminary attorneys fees that were awarded to the partyduring the pendency of the divorce action.

5. Indetermining whether to take any action described in subsection 4, the courtshall consider:

(a) Whethereach party was represented by counsel when the offer was made;

(b) Whether theissues related to the property rights of the parties were conducive to an offermade pursuant to this section;

(c) Whether theoffer was made in good faith and was reasonable with respect to its timing andits amount;

(d) Whetherrejection of the offer was done in bad faith or was grossly unreasonable;

(e) Whether,during the pendency of the divorce action, the conduct of the party whorejected the offer or his counsel furthered or frustrated the policy of the lawto promote settlement of litigation and to reduce the costs of litigation byencouraging cooperation between the parties and their counsel;

(f) Whether thejudgment differs from the terms and conditions of the offer in such a manner,with respect to the property rights that would have been resolved by the offerif it had been accepted, that the court cannot make a clear determinationwhether the party failed to obtain a more favorable judgment concerning thoseproperty rights; and

(g) Whether thedivorce action involved so many changes in the issues that the court cannotmake a clear determination whether the party failed to obtain a more favorablejudgment concerning the property rights that would have been resolved by theoffer if it had been accepted.

6. The provisions of this section do not apply to anyissues related to the custody of a child, the support of a child or the supportof a spouse. If any offer that is made by a party pursuant to this sectionincludes any such issue, the offer shall be deemed to be void in its entiretyand all terms and conditions of the offer, including, without limitation, allterms and conditions related to the property rights of the parties, shall bedeemed to have no force or effect pursuant to this section.

(Added to NRS by 1999, 2022)

NRS 125.150 Alimonyand adjudication of property rights; award of attorneys fee; subsequentmodification by court. Except as otherwiseprovided in NRS 125.155 and unless theaction is contrary to a premarital agreement between the parties which isenforceable pursuant to chapter 123A of NRS:

1. In granting a divorce, the court:

(a) May award such alimony to the wife or to the husband,in a specified principal sum or as specified periodic payments, as appears justand equitable; and

(b) Shall, to the extent practicable, make an equaldisposition of the community property of the parties, except that the court maymake an unequal disposition of the community property in such proportions as itdeems just if the court finds a compelling reason to do so and sets forth inwriting the reasons for making the unequal disposition.

2. Except as otherwise provided in this subsection, ingranting a divorce, the court shall dispose of any property held in jointtenancy in the manner set forth in subsection 1 for the disposition ofcommunity property. If a party has made a contribution of separate property tothe acquisition or improvement of property held in joint tenancy, the court mayprovide for the reimbursement of that party for his contribution. The amount ofreimbursement must not exceed the amount of the contribution of separateproperty that can be traced to the acquisition or improvement of property heldin joint tenancy, without interest or any adjustment because of an increase inthe value of the property held in joint tenancy. The amount of reimbursementmust not exceed the value, at the time of the disposition, of the property heldin joint tenancy for which the contribution of separate property was made. Indetermining whether to provide for the reimbursement, in whole or in part, of aparty who has contributed separate property, the court shall consider:

(a) The intention of the parties in placing theproperty in joint tenancy;

(b) The length of the marriage; and

(c) Any other factor which the court deems relevant inmaking a just and equitable disposition of that property.

As used inthis subsection, contribution includes a down payment, a payment for theacquisition or improvement of property, and a payment reducing the principal ofa loan used to finance the purchase or improvement of property. The term doesnot include a payment of interest on a loan used to finance the purchase orimprovement of property, or a payment made for maintenance, insurance or taxeson property.

3. Except as otherwise provided in NRS 125.141, whether or not application forsuit money has been made under the provisions of NRS 125.040, the court may award areasonable attorneys fee to either party to an action for divorce if thosefees are in issue under the pleadings.

4. In granting a divorce, the court may also set apartsuch portion of the husbands separate property for the wifes support, thewifes separate property for the husbands support or the separate property ofeither spouse for the support of their children as is deemed just andequitable.

5. In the event of the death of either party or thesubsequent remarriage of the spouse to whom specified periodic payments were tobe made, all the payments required by the decree must cease, unless it wasotherwise ordered by the court.

6. If the court adjudicates the property rights of theparties, or an agreement by the parties settling their property rights has beenapproved by the court, whether or not the court has retained jurisdiction tomodify them, the adjudication of property rights, and the agreements settlingproperty rights, may nevertheless at any time thereafter be modified by thecourt upon written stipulation signed and acknowledged by the parties to theaction, and in accordance with the terms thereof.

7. If a decree of divorce, or an agreement between theparties which was ratified, adopted or approved in a decree of divorce,provides for specified periodic payments of alimony, the decree or agreement isnot subject to modification by the court as to accrued payments. Paymentspursuant to a decree entered on or after July 1, 1975, which have not accruedat the time a motion for modification is filed may be modified upon a showingof changed circumstances, whether or not the court has expressly retained jurisdictionfor the modification. In addition to any other factors the court considersrelevant in determining whether to modify the order, the court shall considerwhether the income of the spouse who is ordered to pay alimony, as indicated onthe spouses federal income tax return for the preceding calendar year, hasbeen reduced to such a level that the spouse is financially unable to pay theamount of alimony he has been ordered to pay.

8. In granting a divorce the court shall consider theneed to grant alimony to a spouse for the purpose of obtaining training oreducation relating to a job, career or profession. In addition to any otherfactors the court considers relevant in determining whether such alimony shouldbe granted, the court shall consider:

(a) Whether the spouse who would pay such alimony hasobtained greater job skills or education during the marriage; and

(b) Whether the spouse who would receive such alimonyprovided financial support while the other spouse obtained job skills oreducation.

9. If the court determines that alimony should beawarded pursuant to the provisions of subsection 8:

(a) The court, in its order, shall provide for the timewithin which the spouse who is the recipient of the alimony must commence thetraining or education relating to a job, career or profession.

(b) The spouse who is ordered to pay the alimony may,upon changed circumstances, file a motion to modify the order.

(c) The spouse who is the recipient of the alimony maybe granted, in addition to any other alimony granted by the court, money toprovide for:

(1) Testing of the recipients skills relatingto a job, career or profession;

(2) Evaluation of the recipients abilities andgoals relating to a job, career or profession;

(3) Guidance for the recipient in establishing aspecific plan for training or education relating to a job, career orprofession;

(4) Subsidization of an employers costsincurred in training the recipient;

(5) Assisting the recipient to search for a job;or

(6) Payment of the costs of tuition, books andfees for:

(I) The equivalent of a high schooldiploma;

(II) College courses which are directlyapplicable to the recipients goals for his career; or

(III) Courses of training in skillsdesirable for employment.

10. For the purposes of this section, a change of 20percent or more in the gross monthly income of a spouse who is ordered to payalimony shall be deemed to constitute changed circumstances requiring a reviewfor modification of the payments of alimony. As used in this subsection, grossmonthly income has the meaning ascribed to it in NRS 125B.070.

[Part 25:33:1861; A 1939, 18; 1943, 117; 1949, 54;1943 NCL 9463](NRS A 1961, 401; 1975, 1588; 1979, 1821; 1989, 744, 1005;1993, 240, 2550; 1995, 1968; 1999, 2023; 2003, 544)

NRS 125.155 Pensionor retirement benefit provided by Public Employees Retirement System orJudicial Retirement Plan: Determination of value of interest or entitlement;disposition; termination of obligation to pay. Unlessthe action is contrary to a premarital agreement between the parties which isenforceable pursuant to chapter 123A of NRSor is prohibited by specific statute:

1. In determining the value of an interest in orentitlement to a pension or retirement benefit provided by the PublicEmployees Retirement System pursuant to chapter286 of NRS or the Judicial Retirement Plan established pursuant to NRS 1A.300, the court:

(a) Shall base its determination upon the number ofyears or portion thereof that the contributing party was employed and receivedthe interest or entitlement, beginning on the date of the marriage and endingon the date on which a decree of legal separation or divorce is entered; and

(b) Shall not base its determination upon any estimatedincrease in the value of the interest or entitlement resulting from apromotion, raise or any other efforts made by the party who contributed to theinterest or entitlement as a result of his continued employment after the dateof a decree of legal separation or divorce.

2. The court may, in making a disposition of a pensionor retirement benefit provided by the Public Employees Retirement System orthe Judicial Retirement Plan, order that the benefit not be paid before thedate on which the participating party retires. To ensure that the party who isnot a participant will receive payment for the benefits, the court may:

(a) On its own motion or pursuant to an agreement ofthe parties, require the participating party to furnish a performance or suretybond, executed by the participating party as principal and by a corporationqualified under the laws of this state as surety, made payable to the party whois not a participant under the plan, and conditioned upon the payment of thepension or retirement benefits. The bond must be in a principal sum equal tothe amount of the determined interest of the nonparticipating party in thepension or retirement benefits and must be in a form prescribed by the court.

(b) On its own motion or pursuant to an agreement ofthe parties, require the participating party to purchase a policy of lifeinsurance. The amount payable under the policy must be equal to the determinedinterest of the nonparticipating party in the pension or retirement benefits.The nonparticipating party must be named as a beneficiary under the policy andmust remain a named beneficiary until the participating party retires.

(c) Pursuant to an agreement of the parties, increasethe value of the determined interest of the nonparticipating party in thepension or retirement benefit as compensation for the delay in payment of thebenefit to that party.

(d) On its own motion or pursuant to an agreement ofthe parties, allow the participating party to provide any other form ofsecurity which ensures the payment of the determined interest of thenonparticipating party in the pension or retirement benefit.

3. If a party receives an interest in or anentitlement to a pension or retirement benefit which the party would nototherwise have an interest in or be entitled to if not for a disposition madepursuant to this section, the interest or entitlement and any relatedobligation to pay that interest or entitlement terminates upon the death ofeither party unless pursuant to:

(a) An agreement of the parties; or

(b) An order of the court,

a party whois a participant in the Public Employees Retirement System or the JudicialRetirement Plan provides an alternative to an unmodified service retirementallowance pursuant to NRS 1A.450 or 286.590.

(Added to NRS by 1995, 1967; A 2001 Special Session,92)

NRS 125.180 Judgmentfor arrearages in payment of alimony and support.

1. When either party to an action for divorce, makesdefault in paying any sum of money as required by the judgment or orderdirecting the payment thereof, the district court may make an order directingentry of judgment for the amount of such arrears, together with costs and areasonable attorneys fee.

2. The application for such order shall be upon suchnotice to the defaulting party as the court may direct.

3. The judgment may be enforced by execution or in anyother manner provided by law for the collection of money judgments.

4. The relief herein provided for is in addition toany other remedy provided by law.

[Part 1:147:1953; A 1955, 182](NRS A 1975, 1589)

NRS 125.181 Summaryproceeding for divorce: Conditions. A marriagemay be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of thefollowing conditions exist at the time the proceeding is commenced:

1. Either party has met the jurisdictionalrequirements of NRS 125.020.

2. The husband and wife have lived separate and apartfor 1 year without cohabitation or they are incompatible.

3. There are no minor children of the relationship ofthe parties born before or during the marriage or adopted by the parties duringthe marriage and the wife, to her knowledge, is not pregnant, or the partieshave executed an agreement as to the custody of any children and setting forththe amount and manner of their support.

4. There is no community or joint property or theparties have executed an agreement setting forth the division of communityproperty and the assumption of liabilities of the community, if any, and haveexecuted any deeds, certificates of title, bills of sale or other evidence oftransfer necessary to effectuate the agreement.

5. The parties waive any rights to spousal support orthe parties have executed an agreement setting forth the amount and manner ofspousal support.

6. The parties waive their respective rights towritten notice of entry of the decree of divorce, to appeal, to requestfindings of fact and conclusions of law and to move for a new trial.

7. The parties desire that the court enter a decree ofdivorce.

(Added to NRS by 1983, 415; A 1987, 1180)

NRS 125.182 Summaryproceeding for divorce: Commencement of action; contents of petition; affidavitof corroboration of residency.

1. A summary proceeding for divorce may be commencedby filing in any district court a joint petition, signed under oath by both thehusband and the wife, stating that as of the date of filing, every conditionset forth in NRS 125.181 has been metand specifying the:

(a) Facts which support the jurisdictional requirementsof NRS 125.020; and

(b) Grounds for the divorce.

2. The petition must also state:

(a) The date and the place of the marriage.

(b) The mailing address of both the husband and thewife.

(c) Whether there are minor children of the relationshipof the parties born before or during the marriage or adopted by the partiesduring the marriage, or the wife, to her knowledge, is pregnant.

(d) Whether the wife elects to have her maiden orformer name restored and, if so, the name to be restored.

3. An affidavit of corroboration of residency whichcomplies with the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition. Ifthere is a marital settlement agreement which the parties wish the court toapprove or make a part of the decree, it must be identified and attached to thepetition as an exhibit.

(Added to NRS by 1983, 415; A 1987, 1180)

NRS 125.183 Summaryproceeding for divorce: Termination of proceeding by revocation of petition.

1. At any time before the entry of a final judgment,either party to the marriage may revoke the joint petition and therebyterminate the summary proceeding for divorce.

2. The revocation may be effected by filing a noticeof revocation with the clerk of the court in which the proceeding wascommenced.

3. The revoking party shall send a copy of the noticeof revocation to the other party by first-class mail, postage prepaid, at hislast known address.

(Added to NRS by 1983, 415)

NRS 125.184 Summaryproceeding for divorce: Entry of final judgment.

1. Entry of the final judgment upon a petition for asummary proceeding for divorce constitutes a final adjudication of the rightsand obligations of the parties with respect to the status of the marriage andthe property rights of the parties and waives the respective rights of theparties to written notice of entry of the judgment or decree, to appeal, torequest findings of fact and conclusions of law and to move for a new trial.

2. A final judgment entered pursuant to this sectiondoes not prejudice or bar the rights of either of the parties to institute anaction to set aside the final judgment for fraud, duress, accident, mistake orother grounds recognized at law or in equity.

(Added to NRS by 1983, 416; A 1987, 1181)

NRS 125.185 Validdivorce in Nevada not subject to contest or attack by third persons not partiesto divorce. No divorce from the bonds ofmatrimony heretofore or hereafter granted by a court of competent jurisdictionof the State of Nevada, which divorce is valid and binding upon each of theparties thereto, may be contested or attacked by third persons not partiesthereto.

(Added to NRS by 1959, 554)

SEPARATE MAINTENANCE

NRS 125.190 Actionby spouse for permanent support and maintenance. Whena person has any cause of action for divorce or when he has been deserted andthe desertion has continued for 90 days, he may, without applying for adivorce, maintain in the district court an action against his spouse forpermanent support and maintenance of himself and their children.

[1:97:1913; 1919 RL p. 3365; NCL 9468](NRS A 1981,184)

NRS 125.200 Powerof court to require spouse to pay expenses of litigation and support.

1. Except as otherwise provided in subsection 2,during the pendency of an action brought pursuant to NRS 125.190, the court may, in itsdiscretion, require either spouse to pay any money necessary for theprosecution of the action and for the support and maintenance of the otherspouse and their children.

2. The court may not require either spouse to pay forthe support or maintenance of the other spouse if it is contrary to apremarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS.

[2:97:1913; 1919 RL p. 3365; NCL 9469](NRS A 1981,184; 1989, 1007)

NRS 125.210 Powersof court respecting property and support of spouse and children.

1. Except as otherwise provided in subsection 2, inany action brought pursuant to NRS 125.190,the court may:

(a) Assign and decree to either spouse the possessionof any real or personal property of the other spouse;

(b) Order or decree the payment of a fixed sum of moneyfor the support of the other spouse and their children;

(c) Provide that the payment of that money be securedupon real estate or other security, or make any other suitable provision; and

(d) Determine the time and manner in which the paymentsmust be made.

2. The court may not:

(a) Assign and decree to either spouse the possessionof any real or personal property of the other spouse; or

(b) Order or decree the payment of a fixed sum of moneyfor the support of the other spouse,

if it iscontrary to a premarital agreement between the spouses which is enforceablepursuant to chapter 123A of NRS.

3. Except as otherwise provided in chapter 130 of NRS, thecourt may change, modify or revoke its orders and decrees from time to time.

4. No order or decree is effective beyond the jointlives of the husband and wife.

[3:97:1913; 1919 RL p. 3366; NCL 9470](NRS A 1981,184; 1989, 1007; 1997, 2288, 2289)

NRS 125.220 Complainingspouse may record notice of lis pendens; either spouse may be enjoined fromdisposing of property.

1. At any time after the filing of the complaint, thecomplaining spouse may record a notice of pendency of the action in the officeof the county recorder of any county in which the other spouse may have realproperty. The notice has the same effect as notice in actions directlyaffecting real property.

2. The court may enjoin either spouse from disposingof any property during the pendency of the action.

[4:97:1913; 1919 RL p. 3366; NCL 9471](NRS A 1981,185; 2001, 1756)

NRS 125.230 Ordersconcerning custody, control and support of minor children; duties of courtconcerning social security numbers of parties.

1. The court in such actions may make such preliminaryand final orders as it may deem proper for the custody, control and support ofany minor child or children of the parties.

2. A court that enters an order pursuant to subsection1 for the support of any minor child or children shall ensure that the socialsecurity numbers of the parties are:

(a) Provided to the Division of Welfare and Supportive Servicesof the Department of Health and Human Services.

(b) Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

[5:97:1913; 1919 RL p. 3366; NCL 9472](NRS A 1997,2289; 1999, 2680)

NRS 125.240 Enforcementof judgment and orders: Remedies. The finaljudgment and any order made before or after judgment may be enforced by thecourt by such order as it deems necessary. A receiver may be appointed,security may be required, execution may issue, real or personal property ofeither spouse may be sold as under execution in other cases, and disobedienceof any order may be punished as a contempt.

[6:97:1913; 1919 RL p. 3366; NCL 9473](NRS A 1981,185)

NRS 125.250 Procedureand practice as in actions for divorce. In allcases commenced under NRS 125.190 to 125.280, inclusive, the proceedings andpractice must be the same, as nearly as may be, as those provided in actionsfor divorce. Suit may be brought in the county in which either party resides atthe time the suit is commenced, or in the county in which the spouse may befound.

[7:97:1913; 1919 RL p. 3366; NCL 9474](NRS A 1981,185)

NRS 125.260 Reportingand transcription of evidence: Filing and costs.

1. When ordered by the court, the evidence in separatemaintenance actions shall be reported and transcribed and the transcriptthereof filed with the pleadings in the case.

2. The cost of such transcript shall be immediatelycomputed by the reporter and paid by the party ordered by the court to do so tothe clerk of the court, who shall pay the same to the reporter upon receivingfrom the latter the transcript of evidence.

3. In all cases heretofore or hereafter where atranscript of evidence has not been filed due to the death of the reporter, anda period of not less than 5 years has elapsed and no claim has been made duringthat period by any party, the amount of money on deposit with the clerk, andpayable to such reporter if a transcript of the evidence had been filed, shallbe, by the clerk, paid to the county treasurer, who shall deposit the same inthe county general fund.

[Part 1:352:1953](NRS A 1957, 271)

NRS 125.270 Installmentjudgments for support subject to modification as to installments not accrued.

1. In separate maintenance actions, installmentjudgments for support shall not be subject to modification as to accruedinstallments, but only as to installments not accrued at the time a motion formodification is filed.

2. The provisions of this section shall not precludethe parties from entering into a stipulation as to accrued installments priorto the time a motion for modification is filed.

[Part 1:79:1949; 1943 NCL 9474.01]

NRS 125.280 Judgmentfor arrearages in payment of support.

1. In an action for separation, where payment of anysum of money required by judgment or order is in default, the district courtmay make an order directing the entry of judgment for the amount of thearrears, together with costs and disbursements not to exceed $10 and areasonable attorneys fee.

2. The application for such order must be upon suchnotice to the parties as the court may direct.

3. The judgment may be enforced by execution or in anyother manner provided by law for the collection of money judgments.

4. The relief herein provided for is in addition toany other remedy a party has under the law.

[Part 1:147:1953; A 1955, 182](NRS A 1981, 185)

ANNULMENT

NRS 125.290 Voidmarriages. All marriages which are prohibitedby law because of:

1. Consanguinity between the parties; or

2. Either of the parties having a former husband orwife then living, if solemnized within this State,

are voidwithout any decree of divorce or annulment or other legal proceedings. Amarriage void under this section shall not bar prosecution for the crime ofbigamy pursuant to NRS 201.160.

[18:33:1861; B 211; BH 487; C 498; RL 2354;NCL 4066](NRS A 1959, 195; 1967, 531; 1973, 201)

NRS 125.300 Voidablemarriages: Causes for annulment. A marriagemay be annulled for any of the causes provided in NRS 125.320 to 125.350, inclusive.

[Part 1:147:1931; A 1951, 58](NRS A 1959, 196)

NRS 125.320 Causefor annulment: Lack of consent of parent or guardian.

1. When the consent of the father, mother, guardian ordistrict court, as required by NRS 122.020or 122.025, has not been obtained, themarriage is void from the time its nullity is declared by a court of competentjurisdiction.

2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriagecontracted without the consent of the father, mother, guardian or districtcourt may be annulled upon application by or on behalf of the person who failsto obtain such consent, unless such person after reaching the age of 18 yearsfreely cohabits for any time with the other party to the marriage as husband andwife. Any such annulment proceedings must be brought within 1 year after suchperson reaches the age of 18 years.

[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445;1943 NCL 4051] + [Part 19:33:1861; A 1947, 445; 1943 NCL 4067] + [Part20:33:1861; A 1947, 445; 1943 NCL 4068](NRS A 1973, 1578; 1975, 1818; 1977,275)

NRS 125.330 Causefor annulment: Want of understanding.

1. When either of the parties to a marriage for wantof understanding shall be incapable of assenting thereto, the marriage shall bevoid from the time its nullity shall be declared by a court of competentauthority.

2. The marriage of any insane person shall not beadjudged void, after his restoration to reason, if it shall appear that theparties freely cohabited together as husband and wife after such insane personwas restored to a sound mind.

[Part 19:33:1861; A 1947, 445; 1943 NCL 4067] +[20:33:1861; A 1947, 445; 1943 NCL 4068]

NRS 125.340 Causefor annulment: Fraud.

1. If the consent of either party was obtained byfraud and fraud has been proved, the marriage shall be void from the time itsnullity shall be declared by a court of competent authority.

2. No marriage may be annulled for fraud if theparties to the marriage voluntarily cohabit as husband and wife having receivedknowledge of such fraud.

[Part 19:33:1861; A 1947, 445; 1943 NCL 4067]

NRS 125.350 Causefor annulment: Grounds for declaring contract void in equity. A marriage may be annulled for any cause which is a groundfor annulling or declaring void a contract in a court of equity.

[Part 1:147:1931; A 1951, 58]

NRS 125.360 Annulmentof marriage contracted within State: No requirement of residence. Annulment of marriages contracted, performed or enteredinto within the State of Nevada may be obtained by complaint, under oath, toany district court of the State of Nevada for any cause provided by law forannulment of marriage.

[Part 1:147:1931; A 1951, 58]

NRS 125.370 Annulmentof marriage not contracted within State: Jurisdiction of district court.

1. Annulment of marriages contracted, performed orentered into without the State of Nevada may, for any cause provided by law forannulment of marriage, be obtained by complaint, under oath, to the districtcourt of any county if the plaintiff shall have resided 6 weeks in the Statebefore suit be brought; otherwise, by complaint, under oath, to the districtcourt of the county in which:

(a) The defendant shall reside or be found; or

(b) The plaintiff shall reside, if the latter be thecounty in which the parties last cohabited.

2. No court in this State shall have authority toannul any marriage contracted, performed or entered into without the State ofNevada unless one of the parties shall have resided in this State for theperiod of 6 weeks before filing of the complaint.

[Part 1:147:1931; A 1951, 58] + [3:147:1931; 1931 NCL 4070.02]

NRS 125.380 Causefor annulment may be pleaded in divorce complaint. Acause of action for annulment may be pleaded in the same complaint with a causeof action for divorce.

[Part 1:147:1931; A 1951, 58]

NRS 125.390 Actionin rem; status of parties determined. Anyaction brought in this State for annulment of marriage shall be an action inrem, and in addition to annulling or declaring the contract of marriage voidthe courts shall regulate and determine the status of the parties.

[2:147:1931; 1931 NCL 4070.01]

NRS 125.400 Serviceof process. In any suits brought under thischapter for annulment of marriage, process shall be served in the same manneras in actions at law, and the courts shall have the same power upon asubstituted or constructive service of process to annul a marriage and regulateand determine the status of the parties as they would have had if process hadbeen personally served.

[4:147:1931; 1931 NCL 4070.03]

NRS 125.410 Issueof marriages are legitimate.

1. Nothing in this chapter shall be construed so as tomake the issue of any marriage illegitimate if the person or persons shall notbe of lawful age.

2. The issue of all marriages deemed null in law shallbe legitimate.

[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445;1943 NCL 4051] + [Part 298:107:1941; 1931 NCL 9882.298]

NRS 125.420 Presumption:Law of another state same as law of Nevada. Inany suit in this State for an annulment of marriage in anywise affected by thelaw of another state, it shall be presumed that the law of such other state isthe same as the law of this State, unless and until the law of such other stateshall be alleged and proved.

[5:147:1931; 1931 NCL 4070.04]

NRS 125.430 Reportingand transcription of evidence: Filing and costs.

1. When ordered by the court, the evidence inannulment of marriage actions shall be reported and transcribed and thetranscript thereof filed with the pleadings in the case.

2. The cost of such transcript shall be immediatelycomputed by the reporter and paid by the party ordered by the court to do so tothe clerk of the court, who shall pay the same to the reporter upon receivingfrom the latter the transcript of evidence.

3. In all cases heretofore or hereafter where atranscript of evidence has not been filed due to the death of the reporter, anda period of not less than 5 years has elapsed and no claim has been made duringthat period by any party, the amount of money on deposit with the clerk, andpayable to such reporter if a transcript of the evidence had been filed, shallbe, by the clerk, paid to the county treasurer, who shall deposit the same inthe county general fund.

[Part 1:352:1953](NRS A 1957, 271)

NRS 125.440 Judgmentfor arrearages in payment of support.

1. When either party to an action for annulment ordeclaration of nullity of a void marriage, makes default in paying any sum ofmoney as required by the judgment or order directing the payment thereof, thedistrict court may make an order directing the entry of judgment for the amountof such arrears, together with costs and a reasonable attorneys fee.

2. The application for such order shall be upon suchnotice to the defaulting party as the court may direct.

3. The judgment may be enforced by execution or in anyother manner provided by law for the collection of money judgments.

4. The relief herein provided for is in addition toany other remedy provided by law.

[Part 1:147:1953; A 1955, 182](NRS A 1975, 1818)

CUSTODY OF CHILDREN

NRS 125.450 Orderfor medical and other care, support, education and maintenance required.

1. No court may grant a divorce, separate maintenanceor annulment pursuant to this chapter, if there are one or more minor childrenresiding in this State who are the issue of the relationship, without firstproviding for the medical and other care, support, education and maintenance ofthose children as required by chapter 125Bof NRS.

2. Every order for the support of a child issued ormodified after January 1, 1990, must include an order directing the withholdingor assignment of income for the payment of the support unless one of theparties demonstrates and the court finds good cause for the postponement of thewithholding or assignment or all parties otherwise agree in writing. Such anorder for withholding or assignment must be carried out in the manner providedin chapter 31A of NRS for the withholding orassignment of income.

(Added to NRS by 1983, 1875; A 1985, 1430; 1987,2250; 1989, 669; 1997, 2289)

NRS 125.460 Statepolicy. The Legislature declares that it is thepolicy of this State:

1. To ensure that minor children have frequentassociations and a continuing relationship with both parents after the parentshave become separated or have dissolved their marriage; and

2. To encourage such parents to share the rights andresponsibilities of child rearing.

(Added to NRS by 1981, 283)(Substituted in revisionfor NRS 125.132)

NRS 125.465 Marriedparents have joint custody until otherwise ordered by court. If a court has not made a determination regarding thecustody of a child and the parents of the child are married to each other, eachparent has joint legal custody of the child until otherwise ordered by a courtof competent jurisdiction.

(Added to NRS by 1993, 1425)

NRS 125.470 Orderfor production of child before court; determinations concerning physicalcustody of child.

1. If, during any proceeding brought under thischapter, either before or after the entry of a final order concerning thecustody of a minor child, it appears to the court that any minor child ofeither party has been, or is likely to be, taken or removed out of this Stateor concealed within this State, the court shall forthwith order such child tobe produced before it and make such disposition of the childs custody asappears most advantageous to and in the best interest of the child and mostlikely to secure to him the benefit of the final order or the modification ortermination of the final order to be made in his behalf.

2. If, during any proceeding brought under thischapter, either before or after the entry of a final order concerning thecustody of a minor child, the court finds that it would be in the best interestof the minor child, the court may enter an order providing that a party may,with the assistance of the appropriate law enforcement agency, obtain physicalcustody of the child from the party having physical custody of the child. Theorder must provide that if the party obtains physical custody of the child, thechild must be produced before the court as soon as practicable to allow thecourt to make such disposition of the childs custody as appears mostadvantageous to and in the best interest of the child and most likely to secureto him the benefit of the final order or the modification or termination of thefinal order to be made in his behalf.

3. If the court enters an order pursuant to subsection2 providing that a party may obtain physical custody of a child, the courtshall order that party to give the party having physical custody of the childnotice at least 24 hours before the time at which he intends to obtain physicalcustody of the child, unless the court deems that requiring the notice wouldlikely defeat the purpose of the order.

4. All orders for a party to appear with a childissued pursuant to this section may be enforced by issuing a warrant of arrestagainst that party to secure his appearance with the child.

5. A proceeding under this section must be givenpriority on the court calendar.

[Part 24:33:1861; A 1947, 271; 1953, 116](NRS A 1979,142, 367, 368; 1993, 2136; 1999, 737; 2003, 1004)

NRS 125.480 Bestinterest of child; preferences; considerations of court; presumption when courtdetermines that parent or person residing with child is perpetrator of domesticviolence.

1. In determining custody of a minor child in anaction brought under this chapter, the sole consideration of the court is thebest interest of the child. If it appears to the court that joint custody wouldbe in the best interest of the child, the court may grant custody to theparties jointly.

2. Preference must not be given to either parent forthe sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the followingorder of preference unless in a particular case the best interest of the childrequires otherwise:

(a) To both parents jointly pursuant to NRS 125.490 or to either parent. If thecourt does not enter an order awarding joint custody of a child after eitherparent has applied for joint custody, the court shall state in its decision thereason for its denial of the parents application.

(b) To a person or persons in whose home the child hasbeen living and where the child has had a wholesome and stable environment.

(c) To any person related within the third degree ofconsanguinity to the child whom the court finds suitable and able to provideproper care and guidance for the child, regardless of whether the relativeresides within this State.

(d) To any other person or persons whom the court findssuitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, thecourt shall consider and set forth its specific findings concerning, amongother things:

(a) The wishes of the child if the child is ofsufficient age and capacity to form an intelligent preference as to hiscustody.

(b) Any nomination by a parent or a guardian for thechild.

(c) Which parent is more likely to allow the child tohave frequent associations and a continuing relationship with the noncustodialparent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet theneeds of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs ofthe child.

(h) The nature of the relationship of the child witheach parent.

(i) The ability of the child to maintain a relationshipwith any sibling.

(j) Any history of parental abuse or neglect of thechild or a sibling of the child.

(k) Whether either parent or any other person seekingcustody has engaged in an act of domestic violence against the child, a parentof the child or any other person residing with the child.

5. Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by thecourt after an evidentiary hearing and finding by clear and convincing evidencethat either parent or any other person seeking custody has engaged in one ormore acts of domestic violence against the child, a parent of the child or anyother person residing with the child creates a rebuttable presumption that soleor joint custody of the child by the perpetrator of the domestic violence isnot in the best interest of the child. Upon making such a determination, thecourt shall set forth:

(a) Findings of fact that support the determinationthat one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangementordered by the court adequately protects the child and the parent or othervictim of domestic violence who resided with the child.

6. If after an evidentiary hearing held pursuant tosubsection 5 the court determines that each party has engaged in acts ofdomestic violence, it shall, if possible, then determine which person was theprimary physical aggressor. In determining which party was the primary physicalaggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involvingeither party;

(b) The relative severity of the injuries, if any,inflicted upon the persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the partiesacted in self-defense; and

(e) Any other factors which the court deems relevant tothe determination.

In such acase, if it is not possible for the court to determine which party is theprimary physical aggressor, the presumption created pursuant to subsection 5applies to both parties. If it is possible for the court to determine whichparty is the primary physical aggressor, the presumption created pursuant tosubsection 5 applies only to the party determined by the court to be theprimary physical aggressor.

7. As used in this section, domestic violence meansthe commission of any act described in NRS33.018.

(Added to NRS by 1981, 283; A 1991, 980, 1175; 1995,330; 2005, 1678)

NRS 125.490 Jointcustody.

1. There is a presumption, affecting the burden ofproof, that joint custody would be in the best interest of a minor child if theparents have agreed to an award of joint custody or so agree in open court at ahearing for the purpose of determining the custody of the minor child orchildren of the marriage.

2. The court may award joint legal custody withoutawarding joint physical custody in a case where the parents have agreed tojoint legal custody.

3. For assistance in making a determination whether anaward of joint custody is appropriate, the court may direct that aninvestigation be conducted.

(Added to NRS by 1981, 284)(Substituted in revisionfor NRS 125.136)

NRS 125.500 Awardof custody to person other than parent.

1. Before the court makes an order awarding custody toany person other than a parent, without the consent of the parents, it shallmake a finding that an award of custody to a parent would be detrimental to thechild and the award to a nonparent is required to serve the best interest ofthe child.

2. No allegation that parental custody would bedetrimental to the child, other than a statement of that ultimate fact, mayappear in the pleadings.

3. The court may exclude the public from any hearingon this issue.

(Added to NRS by 1981, 284)(Substituted in revisionfor NRS 125.138)

NRS 125.510 Courtorders; modification or termination of orders; form for orders; court may orderparent to post bond if parent resides in or has significant commitments inforeign country.

1. In determining the custody of a minor childin an action brought pursuant to this chapter, the court may, except asotherwise provided in this section and chapter 130of NRS:

(a) During the pendency of the action, at the finalhearing or at any time thereafter during the minority of any of the children ofthe marriage, make such an order for the custody, care, education, maintenance andsupport of the minor children as appears in their best interest; and

(b) At any time modify or vacate its order, even if thedivorce was obtained by default without an appearance in the action by one ofthe parties.

The partyseeking such an order shall submit to the jurisdiction of the court for thepurposes of this subsection. The court may make such an order upon theapplication of one of the parties or the legal guardian of the minor.

2. Any order for joint custody may be modified orterminated by the court upon the petition of one or both parents or on thecourts own motion if it is shown that the best interest of the child requiresthe modification or termination. The court shall state in its decision thereasons for the order of modification or termination if either parent opposesit.

3. Any order for custody of a minor child or childrenof a marriage entered by a court of another state may, subject to thejurisdictional requirements in chapter 125Aof NRS, be modified at any time to an order of joint custody.

4. A party may proceed pursuant to this sectionwithout counsel.

5. Any order awarding a party a limited right ofcustody to a child must define that right with sufficient particularity toensure that the rights of the parties can be properly enforced and that thebest interest of the child is achieved. The order must include all specifictimes and other terms of the limited right of custody. As used in thissubsection, sufficient particularity means a statement of the rights inabsolute terms and not by the use of the term reasonable or other similarterm which is susceptible to different interpretations by the parties.

6. All orders authorized by this section must be madein accordance with the provisions of chapter125A of NRS and must contain the following language:

 

PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE ASA CATEGORY D FELONY AS PROVIDED IN NRS193.130. NRS 200.359 provides thatevery person having a limited right of custody to a child or any parent havingno right of custody to the child who willfully detains, conceals or removes thechild from a parent, guardian or other person having lawful custody or a rightof visitation of the child in violation of an order of this court, or removesthe child from the jurisdiction of the court without the consent of either thecourt or all persons who have the right to custody or visitation is subject tobeing punished for a category D felony as provided in NRS 193.130.

 

7. In addition to the language required pursuant tosubsection 6, all orders authorized by this section must specify that the termsof the Hague Convention of October 25, 1980, adopted by the 14th Session of theHague Conference on Private International Law, apply if a parent abducts orwrongfully retains a child in a foreign country.

8. If a parent of the child lives in a foreign countryor has significant commitments in a foreign country:

(a) The parties may agree, and the court shall includein the order for custody of the child, that the United States is the country ofhabitual residence of the child for the purposes of applying the terms of theHague Convention as set forth in subsection 7.

(b) Upon motion of one of the parties, the court mayorder the parent to post a bond if the court determines that the parent posesan imminent risk of wrongfully removing or concealing the child outside thecountry of habitual residence. The bond must be in an amount determined by thecourt and may be used only to pay for the cost of locating the child andreturning him to his habitual residence if the child is wrongfully removed fromor concealed outside the country of habitual residence. The fact that a parenthas significant commitments in a foreign country does not create a presumptionthat the parent poses an imminent risk of wrongfully removing or concealing thechild.

9. Except where a contract providing otherwise has beenexecuted pursuant to NRS 123.080, theobligation for care, education, maintenance and support of any minor childcreated by any order entered pursuant to this section ceases:

(a) Upon the death of the person to whom the order wasdirected; or

(b) When the child reaches 18 years of age if he is nolonger enrolled in high school, otherwise, when he reaches 19 years of age.

10. As used in this section, a parent has significantcommitments in a foreign country if he:

(a) Is a citizen of a foreign country;

(b) Possesses a passport in his name from a foreigncountry;

(c) Became a citizen of the United States aftermarrying the other parent of the child; or

(d) Frequently travels to a foreign country.

[Part 24:33:1861; A 1947, 271; 1953, 116](NRS A1971, 363; 1973, 401; 1979, 142, 368; 1981, 284; 1985, 1298; 1987, 1444; 1991,1421; 1995, 1243, 1492, 2287, 2387; 1997, 2289, 2291)

NRS 125.520 Planfor carrying out courts order; access to childs records.

1. The court may, when appropriate, require theparents to submit to the court a plan for carrying out the courts orderconcerning custody.

2. Access to records and other information pertainingto a minor child, for example, medical, dental and school records, must not bedenied to a parent for the reason that the parent is not the childs custodialparent.

(Added to NRS by 1981, 284)(Substituted in revisionfor NRS 125.142)

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 125.555 Requirednotice concerning admission to bail.

1. A restraining order or injunction that is in thenature of a temporary or extended order for protection against domesticviolence which is issued in an action or proceeding brought pursuant to thistitle must provide notice that a person who is arrested for violating the orderor injunction will not be admitted to bail sooner than 12 hours after hisarrest if the arresting officer determines that such a violation is accompaniedby a direct or indirect threat of harm.

2. For the purposes of this section, an order orinjunction is in the nature of a temporary or extended order for protectionagainst domestic violence if it grants relief that might be given in atemporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

(Added to NRS by 2001, 1221)

NRS 125.560 Penaltyfor violation. A person who violates a restraining order or injunction:

1. That is in the nature of a temporary or extendedorder for protection against domestic violence; and

2. That is issued in an action or proceeding broughtpursuant to this title,

is guilty ofa misdemeanor, unless a more severe penalty is prescribed by law for the actthat constitutes the violation of the order or injunction. For the purposes ofthis section, an order or injunction is in the nature of a temporary orextended order for protection against domestic violence if it grants reliefthat might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

(Added to NRS by 1991, 980; A 1995, 1014; 1997, 36; 2001 Special Session,132; 2003, 1516)

 

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