[Rev. 11/21/2013 9:41:14 AM--2013]

CHAPTER 125 - DISSOLUTION OF MARRIAGE

GENERAL PROVISIONS

NRS 125.005           Referees in certain judicial districts: Appointment; duties; compensation.

DIVORCE

NRS 125.010           Causes for divorce.

NRS 125.020           Verified complaint; residence or domicile; jurisdiction of district court.

NRS 125.030           Complaint may state cause in words of statute; either party may demand bill of particulars.

NRS 125.040           Orders for support and cost of suit during pendency of action.

NRS 125.050           Preliminary orders concerning property or pecuniary interests.

NRS 125.070           Judge to determine questions of law and fact.

NRS 125.080           Trial of divorce action may be private.

NRS 125.090           Proceedings, pleadings and practice.

NRS 125.100           Reporting and transcription of evidence: Filing and costs.

NRS 125.110           What pleadings and papers open to public inspection; written request of party for sealing.

NRS 125.120           Court may grant divorce to either party.

NRS 125.123           Application for decree of divorce by default; affidavit.

NRS 125.130           Decree of divorce final and absolute; duties of court concerning social security numbers of parties; order changing name of wife.

NRS 125.141           Offer to allow decree concerning property rights of parties: Acceptance and rejection; entry of judgment in accordance with offer; effect of party who rejects offer failing to obtain more favorable judgment.

NRS 125.150           Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court.

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

NRS 125.180           Judgment for arrearages in payment of alimony and support.

NRS 125.181           Summary proceeding for divorce: Conditions.

NRS 125.182           Summary proceeding for divorce: Commencement of action; contents of petition; affidavit of corroboration of residency.

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

NRS 125.184           Summary proceeding for divorce: Entry of final judgment.

NRS 125.185           Valid divorce in Nevada not subject to contest or attack by third persons not parties to divorce.

SEPARATE MAINTENANCE

NRS 125.190           Action by spouse for permanent support and maintenance.

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

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

NRS 125.220           Complaining spouse may record notice of lis pendens; either spouse may be enjoined from disposing of property.

NRS 125.230           Orders concerning custody, control and support of minor children; duties of court concerning social security numbers of parties.

NRS 125.240           Enforcement of judgment and orders: Remedies.

NRS 125.250           Procedure and practice as in actions for divorce.

NRS 125.260           Reporting and transcription of evidence: Filing and costs.

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

NRS 125.280           Judgment for arrearages in payment of support.

ANNULMENT

NRS 125.290           Void marriages.

NRS 125.300           Voidable marriages: Causes for annulment.

NRS 125.320           Cause for annulment: Lack of consent of parent or guardian.

NRS 125.330           Cause for annulment: Want of understanding.

NRS 125.340           Cause for annulment: Fraud.

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

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

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

NRS 125.380           Cause for annulment may be pleaded in divorce complaint.

NRS 125.390           Action in rem; status of parties determined.

NRS 125.400           Service of process.

NRS 125.410           Issue of marriages are legitimate.

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

NRS 125.430           Reporting and transcription of evidence: Filing and costs.

NRS 125.440           Judgment for arrearages in payment of support.

CUSTODY OF CHILDREN

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

NRS 125.460           State policy.

NRS 125.465           Married parents have joint custody until otherwise ordered by court.

NRS 125.470           Order for production of child before court; determinations concerning physical custody of child.

NRS 125.480           Best interests of child; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child.

NRS 125.490           Joint custody.

NRS 125.500           Award of custody to person other than parent.

NRS 125.510           Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country. [Effective through December 31, 2013.]

NRS 125.510           Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country. [Effective January 1, 2014.]

NRS 125.520           Plan for carrying out court’s order; access to child’s records.

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 125.555           Required notice concerning admission to bail.

NRS 125.560           Penalty for violation.

_________

GENERAL PROVISIONS

      NRS 125.005  Referees in certain judicial districts: Appointment; duties; compensation.

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

      2.  Subject to the specifications and limitations stated in the order of appointment, the referee shall hear all disputed factual issues and make written findings of fact and recommendations to the district judge.

      3.  The proceedings before the referee must be conducted in the same manner as in the district court. The referee may rule upon the admissibility of evidence unless otherwise directed by the court. The referee may call the parties to the action and other witnesses and may examine them under oath.

      4.  The report of the referee must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the report, either party may file and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact unless clearly erroneous, and judgment may be entered thereon. If an objection is filed within the 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 to this section must not be taxed against the parties but must be fixed by the judge to be paid from appropriations made by the board of county commissioners for the expenses of the district court.

      6.  The provisions of this section apply only in judicial districts that do not include a county whose population is 700,000 or more.

      (Added to NRS by 1985, 383; A 1991, 2179; 2011, 1149)

DIVORCE

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

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

      2.  When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an 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  Verified complaint; residence or domicile; jurisdiction of district court.

      1.  Divorce from the bonds of matrimony may be obtained for 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 before suit was brought.

      2.  Unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the State for a period of not less than 6 weeks preceding 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 A 1981, 179)

      NRS 125.030  Complaint may state cause in words of statute; either party may demand bill of particulars.

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

      2.  Such bill or bills of particulars need not be filed, 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  Orders for support and cost of suit during pendency of action.

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

      (a) To provide temporary maintenance for the other party;

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

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

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

      3.  The court may make orders pursuant to this section concurrently with orders pursuant to NRS 125.470.

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

      NRS 125.050  Preliminary orders concerning property or pecuniary interests.  If, after the filing of the complaint, it is made to appear probable to the court that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interests, the court shall make such restraining order or other order as appears necessary to prevent the act or conduct and preserve the status 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  Judge to determine questions of law and fact.  The judge of the court shall determine all questions of law and fact arising in any divorce proceeding under the provisions of this chapter.

      [29:33:1861; A 1939, 18; 1931 NCL § 9467]—(NRS A 1963, 543)

      NRS 125.080  Trial of divorce action may be private.

      1.  In any action for divorce, the court shall, upon demand of either party, direct that the trial and issue or issues of fact joined therein be private.

      2.  Except as otherwise provided in subsection 3, upon such demand of either party, all persons must be excluded from the court or chambers wherein the action is tried, except:

      (a) The officers of the court;

      (b) The parties;

      (c) The counsel for the parties;

      (d) The witnesses for the parties;

      (e) The parents or guardians of the parties; and

      (f) The siblings of the parties.

      3.  The court may, upon oral or written motion of either party, order a hearing to determine whether to exclude the parents, guardians or siblings of either party, or witnesses for either party, from the court or chambers wherein the action is tried. If good cause is shown for the exclusion of any such person, the court shall exclude any such person from the court or chambers wherein the action is tried.

      [43:19:1865; B § 948; BH § 2462; C § 2543; RL § 4863; NCL § 8405] + [3:222:1931; 1931 NCL § 9467.05]—(NRS A 2007, 188)

      NRS 125.090  Proceedings, pleadings and practice.  Except in a summary proceeding for divorce, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently possible, but all preliminary and final orders may be in such form as best effects the object of this 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  Reporting and transcription of evidence: Filing and costs.

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

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

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

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

      NRS 125.110  What pleadings and papers open to public inspection; written request of party for sealing.

      1.  In any action for divorce, the following papers and pleadings in the action shall be open to public inspection in the clerk’s office:

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

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

      2.  All other papers, records, proceedings and evidence, including exhibits and transcript of the testimony, shall, upon the written request of either party to the action, filed with the clerk, be sealed and 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  Court may grant divorce to either party.  In any action 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]—(NRS A 1957, 150; 1959, 778; 1973, 736)

      NRS 125.123  Application for decree of divorce by default; affidavit.  An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses. If there is a marital settlement agreement, it must be identified in the affidavit and attached to the 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 the affiant;

      2.  Contain only facts which would be admissible in evidence;

      3.  Give factual support to each allegation in the application; and

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

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

      NRS 125.130  Decree of divorce final and absolute; duties of court concerning social security numbers of parties; order changing name of wife.

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

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

      3.  A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security numbers of both parties are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      4.  In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she 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; 2009, 955)

      NRS 125.141  Offer to allow decree concerning property rights of parties: Acceptance and rejection; entry of judgment in accordance with offer; effect of party who rejects offer failing to obtain more favorable judgment.

      1.  In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.

      2.  If an offer made by a party pursuant to this section is accepted by the opposing party and approved 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 offer made by a party pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer 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 another offer pursuant to this section.

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

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

      (b) Order the party who rejected the offer to pay the reasonable attorney’s fees incurred by the opposing party after the date of the offer that relate to the adjudication of those property rights.

      (c) Prohibit the party who rejected the offer from recovering any costs or attorney’s fees that relate to the adjudication of those property rights, except that the court may not, pursuant to the provisions of this paragraph, prohibit the party from recovering any preliminary attorney’s fees that were awarded to the party during the pendency of the divorce action.

      5.  In determining whether to take any action described in subsection 4, the court shall consider:

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

      (b) Whether the issues related to the property rights of the parties were conducive to an offer made pursuant to this section;

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

      (d) Whether rejection 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 who rejected the offer or his or her counsel furthered or frustrated the policy of the law to promote settlement of litigation and to reduce the costs of litigation by encouraging cooperation between the parties and their counsel;

      (f) Whether the judgment 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 offer if it had been accepted, that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning those property rights; and

      (g) Whether the divorce action involved so many changes in the issues that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted.

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

      (Added to NRS by 1999, 2022)

      NRS 125.150  Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court.  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable 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 just and equitable; and

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

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

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

      (b) The length of the marriage; and

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

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

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

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

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

      8.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      9.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

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

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      10.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 9:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training 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 may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

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

             (4) Subsidization of an employer’s costs incurred in training the recipient;

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

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

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

      11.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly 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; 2007, 2479; 2013, 2953)

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

      1.  In determining the value of an interest in or entitlement to a pension or retirement benefit provided by the Public Employees’ Retirement System pursuant to chapter 286 of NRS or the Judicial Retirement Plan established pursuant to NRS 1A.300, the court:

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

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

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

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

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

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

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

      3.  If a party receives an interest in or an entitlement to a pension or retirement benefit which the party would not otherwise have an interest in or be entitled to if not for a disposition made pursuant to this section, the interest or entitlement and any related obligation to pay that interest or entitlement terminates upon the death of either party unless pursuant to:

      (a) An agreement of the parties; or

      (b) An order of the court,

Ê a party who is a participant in the Public Employees’ Retirement System or the Judicial Retirement Plan provides an alternative to an unmodified service retirement allowance pursuant to NRS 1A.450 or 286.590.

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

      NRS 125.180  Judgment for arrearages in payment of alimony and support.

      1.  When either party to an action for divorce, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing entry of judgment for the amount of such arrears, together with costs and a reasonable attorney’s fee.

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

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

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

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

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

      1.  Either party has met the jurisdictional requirements of NRS 125.020.

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

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

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

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

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

      7.  The parties desire that the court enter a decree of divorce.

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

      NRS 125.182  Summary proceeding for divorce: Commencement of action; contents of petition; affidavit of corroboration of residency.

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

      (a) Facts which support the jurisdictional requirements of 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 the wife.

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

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

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

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

      NRS 125.183  Summary proceeding 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 thereby terminate the summary proceeding for divorce.

      2.  The revocation may be effected by filing a notice of revocation with the clerk of the court in which the proceeding was commenced.

      3.  The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at his or her last known address.

      (Added to NRS by 1983, 415)

      NRS 125.184  Summary proceeding for divorce: Entry of final judgment.

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

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

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

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

      (Added to NRS by 1959, 554)

SEPARATE MAINTENANCE

      NRS 125.190  Action by spouse for permanent support and maintenance.  When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her spouse for permanent support and maintenance of himself or herself and their children.

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

      NRS 125.200  Power of 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 its discretion, require either spouse to pay any money necessary for the prosecution of the action and for the support and maintenance of the other spouse and their children.

      2.  The court may not require either spouse to pay for the support or maintenance of the other spouse if it is contrary to a premarital 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  Powers of court respecting property and support of spouse and children.

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

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

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

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

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

      2.  The court may not:

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

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

Ê if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

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

      4.  No order or decree is effective beyond the joint lives 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  Complaining spouse may record notice of lis pendens; either spouse may be enjoined from disposing of property.

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

      2.  The court may enjoin either spouse from disposing of 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  Orders concerning custody, control and support of minor children; duties of court concerning social security numbers of parties.

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

      2.  A court that enters an order pursuant to subsection 1 for the support of any minor child or children shall ensure that the social security numbers of the parties are provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      [5:97:1913; 1919 RL p. 3366; NCL § 9472]—(NRS A 1997, 2289; 1999, 2680; 2009, 955)

      NRS 125.240  Enforcement of judgment and orders: Remedies.  The final judgment and any order made before or after judgment may be enforced by the court by such order as it deems necessary. A receiver may be appointed, security may be required, execution may issue, real or personal property of either spouse may be sold as under execution in other cases, and disobedience of any order may be punished as a contempt.

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

      NRS 125.250  Procedure and practice as in actions for divorce.  In all cases commenced under NRS 125.190 to 125.280, inclusive, the proceedings and practice must be the same, as nearly as may be, as those provided in actions for divorce. Suit may be brought in the county in which either party resides at the time the suit is commenced, or in the county in which the spouse may be found.

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

      NRS 125.260  Reporting and transcription of evidence: Filing and costs.

      1.  When ordered by the court, the evidence in separate maintenance actions shall be reported and transcribed and the transcript thereof filed with the pleadings in the case.

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

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

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

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

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

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

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

      NRS 125.280  Judgment for arrearages in payment of support.

      1.  In an action for separation, where payment of any sum of money required by judgment or order is in default, the district court may make an order directing the entry of judgment for the amount of the arrears, together with costs and disbursements not to exceed $10 and a reasonable attorney’s fee.

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

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

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

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

ANNULMENT

      NRS 125.290  Void marriages.  All marriages which are prohibited by law because of:

      1.  Consanguinity between the parties; or

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

Ê are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy 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  Voidable marriages: Causes for annulment.  A marriage may 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  Cause for annulment: Lack of consent of parent or guardian.

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

      2.  If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of the father, mother, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such person 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] + [Part 20:33:1861; A 1947, 445; 1943 NCL § 4068]—(NRS A 1973, 1578; 1975, 1818; 1977, 275)

      NRS 125.330  Cause for annulment: Want of understanding.

      1.  When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

      2.  The marriage of any insane person shall not be adjudged void, after his or her restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was 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  Cause for annulment: Fraud.

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

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

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

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

      [Part 1:147:1931; A 1951, 58]

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

      [Part 1:147:1931; A 1951, 58]

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

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

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

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

      2.  No court in this State shall have authority to annul any marriage contracted, performed or entered into without the State of Nevada unless one of the parties shall have resided in this State for the period 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  Cause for annulment may be pleaded in divorce complaint.  A cause of action for annulment may be pleaded in the same complaint with a cause of action for divorce.

      [Part 1:147:1931; A 1951, 58]

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

      [2:147:1931; 1931 NCL § 4070.01]

      NRS 125.400  Service of process.  In any suits brought under this chapter for annulment of marriage, process shall be served in the same manner as in actions at law, and the courts shall have the same power upon a substituted or constructive service of process to annul a marriage and regulate and determine the status of the parties as they would have had if process had been personally served.

      [4:147:1931; 1931 NCL § 4070.03]

      NRS 125.410  Issue of marriages are legitimate.

      1.  Nothing in this chapter shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age.

      2.  The issue of all marriages deemed null in law shall be 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.  In any suit in this State for an annulment of marriage in anywise affected by the law of another state, it shall be presumed that the law of such other state is the same as the law of this State, unless and until the law of such other state shall be alleged and proved.

      [5:147:1931; 1931 NCL § 4070.04]

      NRS 125.430  Reporting and transcription of evidence: Filing and costs.

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

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

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

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

      NRS 125.440  Judgment for arrearages in payment of support.

      1.  When either party to an action for annulment or declaration of nullity of a void marriage, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing the entry of judgment for the amount of such arrears, together with costs and a reasonable attorney’s fee.

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

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

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

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

CUSTODY OF CHILDREN

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

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

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

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

      NRS 125.460  State policy.  The Legislature declares that it is the policy of this State:

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

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

      (Added to NRS by 1981, 283)—(Substituted in revision for NRS 125.132)

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

      (Added to NRS by 1993, 1425)

      NRS 125.470  Order for production of child before court; determinations concerning physical custody of child.

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

      2.  If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him or her the benefit of the final order or the modification or termination of the final order to be made in his or her behalf.

      3.  If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he or she intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.

      4.  All orders for a party to appear with a child issued pursuant to this section may be enforced by issuing a warrant of arrest against that party to secure his or her appearance with the child.

      5.  A proceeding under this section must be given priority 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  Best interests of child; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child.

      1.  In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

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

      3.  The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

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

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

      (c) To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

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

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

      (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.

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

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

      (d) The level of conflict between the parents.

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

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

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

      (h) The nature of the relationship of the child with each parent.

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

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

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

      (l) Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.

      5.  Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:

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

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

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

      (a) All prior acts of domestic violence involving either 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 parties acted in self-defense; and

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

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

      7.  A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of abduction occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

      8.  For purposes of subsection 7, any of the following acts constitute conclusive evidence that an act of abduction occurred:

      (a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      9.  If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 7 and 8.

      10.  As used in this section:

      (a) “Abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      (b) “Domestic violence” means the commission of any act described in NRS 33.018.

      (Added to NRS by 1981, 283; A 1991, 980, 1175; 1995, 330; 2005, 1678; 2009, 218, 222)

      NRS 125.490  Joint custody.

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

      2.  The court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint legal custody.

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

      (Added to NRS by 1981, 284)—(Substituted in revision for NRS 125.136)

      NRS 125.500  Award of custody to person other than parent.

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

      2.  No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.

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

      (Added to NRS by 1981, 284)—(Substituted in revision for NRS 125.138)

      NRS 125.510  Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country. [Effective through December 31, 2013.]

      1.  In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section, NRS 125C.100 to 125C.185, inclusive, and chapter 130 of NRS:

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

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

Ê The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the provisions of NRS 125C.100 to 125C.185, inclusive, and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and NRS 125C.100 to 125C.185, inclusive, 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 AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

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

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

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

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

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

      (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if the parent:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his or her name from a foreign country;

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

      (d) Frequently travels to a foreign country.

      [Part 24:33:1861; A 1947, 271; 1953, 116]—(NRS A 1971, 363; 1973, 401; 1979, 142, 368; 1981, 284; 1985, 1298; 1987, 1444; 1991, 1421; 1995, 1243, 1492, 2287, 2387; 1997, 2289, 2291; 2011, 795)

      NRS 125.510  Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country. [Effective January 1, 2014.]

      1.  In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section, NRS 125C.0601 to 125C.0693, inclusive, and chapter 130 of NRS:

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

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

Ê The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the provisions of NRS 125C.0601 to 125C.0693, inclusive, and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and NRS 125C.0601 to 125C.0693, inclusive, 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 AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

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

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

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

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

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

      (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if the parent:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his or her name from a foreign country;

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

      (d) Frequently travels to a foreign country.

      [Part 24:33:1861; A 1947, 271; 1953, 116]—(NRS A 1971, 363; 1973, 401; 1979, 142, 368; 1981, 284; 1985, 1298; 1987, 1444; 1991, 1421; 1995, 1243, 1492, 2287, 2387; 1997, 2289, 2291; 2011, 795; 2013, 761, effective January 1, 2014)

      NRS 125.520  Plan for carrying out court’s order; access to child’s records.

      1.  The court may, when appropriate, require the parents to submit to the court a plan for carrying out the court’s order concerning custody.

      2.  Access to records and other information pertaining to a minor child, for example, medical, dental and school records, must not be denied to a parent for the reason that the parent is not the child’s custodial parent.

      (Added to NRS by 1981, 284)—(Substituted in revision for NRS 125.142)

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

      NRS 125.555  Required notice concerning admission to bail.

      1.  A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

             (2) An amount of a prohibited substance in his or her blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.

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

      (Added to NRS by 2001, 1221; A 2007, 1014)

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

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

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

Ê is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction. For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that 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)