EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 3 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-4 the words and terms defined in sections 3 to 6, inclusive, of this act have

1-5 the meanings ascribed to them in those sections.

1-6 Sec. 3. "Chief judge" means a district judge who is chosen as the

1-7 chief judge of a judicial district pursuant to NRS 3.025.

1-8 Sec. 4. "Department of the family court" means any department of

1-9 the district court that is designated as a department of the family court

1-10 pursuant to NRS 3.012 or 3.018.

1-11 Sec. 5. "Family court" and "family division" mean the division of

1-12 the district court that is established as a family court pursuant to NRS

1-13 3.0105.

2-1 Sec. 6. "Jurisdiction of the family court" means the jurisdiction of

2-2 the family court that is established in NRS 3.223.

2-3 Sec. 7. In each judicial district that includes a county whose

2-4 population is 100,000 or more:

2-5 1. The clerk of the district court shall develop an information form

2-6 for family court. The information form for family court must be:

2-7 (a) Approved by the chief judge; and

2-8 (b) Used to obtain the information described in subsection 2 from a

2-9 party who files the initial pleading in a case that involves a matter within

2-10 the jurisdiction of the family court.

2-11 2. A party may not file in the district court the initial pleading in a

2-12 case that involves a matter within the jurisdiction of the family court

2-13 unless, at the same time that the party files the initial pleading, the party

2-14 files an information form for family court which is signed by the party,

2-15 his attorney or other legal representative and which specifies:

2-16 (a) Whether the party is also a party in any other pending case or was

2-17 a party in any other previously decided case assigned to a department of

2-18 the family court in the judicial district;

2-19 (b) Whether any other party in the initial pleading is also a party in

2-20 any other pending case or was a party in any other previously decided

2-21 case assigned to a department of the family court in the judicial district;

2-22 (c) Whether a child involved in the case is also involved in any other

2-23 pending case or was involved in any other previously decided case

2-24 assigned to a department of the family court in the judicial district, other

2-25 than a case within the jurisdiction of the juvenile court pursuant to

2-26 chapter 62 of NRS; and

2-27 (d) Any other information that the chief judge determines must be

2-28 provided on the information form for family court, including, without

2-29 limitation, any other information concerning a case described in

2-30 paragraph (a), (b) or (c).

2-31 3. The chief judge and the clerk of the district court shall use the

2-32 information provided on the information form for family court to assign

2-33 cases to a department of the family court in accordance with subsection 3

2-34 of NRS 3.025.

2-35 Sec. 8. NRS 3.0105 is hereby amended to read as follows:

2-36 3.0105 1. There is hereby established, in each judicial district that

2-43 court.

3-1 3. If for any reason a judge of the family court is unable to act, any

3-2 other district judge of the judicial district may be assigned as provided in

3-3 subsection 2 to act temporarily as judge of the family court.

3-4 4. A district judge assigned to the family court pursuant to subsection

3-5 2 or 3 for a period of 90 or more days must attend the instruction required

3-6 pursuant to subsection 1 of NRS 3.028. [Judges] District judges must not

3-7 be assigned to the family court pursuant to subsections 2 and 3 on a

3-8 rotating basis.

3-9 Sec. 9. NRS 3.025 is hereby amended to read as follows:

3-10 3.025 1. [For the second and eighth judicial districts,] In each

3-42 judges within the judicial district.

4-1 4. Not later than 15 days after the last day of each month, the chief

4-2 judge shall submit [a written report] to the clerk of the supreme court [each

4-3 month, showing:] a written report that shows:

4-4 (a) Those cases which are pending and undecided and to which judge

4-5 the cases have been assigned;

4-6 (b) The type and number of cases each judge considered during the

4-7 preceding month;

4-8 (c) The number of cases submitted to each judge during the preceding

4-9 month;

4-10 (d) The number of cases decided by each judge during the preceding

4-11 month; and

4-12 (e) The number of full judicial days in which each judge appeared in

4-13 court or in chambers in performance of his duties during the preceding

4-14 month.

4-15 Sec. 10. Chapter 125 of NRS is hereby amended by adding thereto a

4-16 new section to read as follows:

4-17 1. In any action for divorce, at any time more than 10 days before

4-18 trial, a party may serve upon the opposing party a written offer to allow

4-19 judgment concerning the property rights of the parties to be taken in

4-20 accordance with the terms and conditions of the offer.

4-21 2. If an offer of judgment is accepted by the opposing party and

4-22 approved by the court and a divorce is granted:

4-23 (a) The court shall enter judgment concerning the property rights of

4-24 the parties in accordance with the terms and conditions of the offer; and

4-25 (b) The judgment of the court shall be deemed an agreement by the

4-26 parties settling their property rights.

4-27 3. If an offer of judgment is not accepted by the opposing party

4-28 before trial or within 10 days after it is made, whichever occurs first, the

4-29 offer shall be deemed withdrawn and cannot be given in evidence upon

4-30 the trial. The failure of a party to accept an offer of judgment does not

4-31 preclude either party from making another offer pursuant to this section.

4-32 4. If a party who does not accept an offer of judgment fails to obtain

4-33 a more favorable judgment at trial concerning the property rights of the

4-34 parties, the court:

4-35 (a) May not award to the party any costs or attorney’s fees that are

4-36 attributable to the litigation concerning the property rights of the parties;

4-37 (b) Shall order the party to pay to the opposing party the taxable costs

4-38 incurred by the opposing party that are attributable to the litigation

4-39 concerning the property rights of the parties; and

4-40 (c) May order the party to pay to the opposing party any of the

4-41 following:

4-42 (1) A reasonable sum to cover any costs incurred by the opposing

4-43 party for each expert witness whose services were reasonably necessary

5-1 in preparing for and conducting the litigation concerning the property

5-2 rights of the parties.

5-3 (2) Reasonable attorney’s fees incurred by the opposing party in

5-4 preparing for and conducting the litigation concerning the property

5-5 rights of the parties.

5-6 5. Any taxable costs or attorney’s fees that are awarded must not be

5-7 considered to be part of the judgment concerning the property rights of

5-8 the parties when determining whether that judgment is more favorable

5-9 than the offer of judgment which was not accepted.

5-10 6. The provisions of this section do not apply to any offer of

5-11 judgment by a party concerning the custody of a child, the support of a

5-12 child or the support of a spouse.

5-13 Sec. 11. NRS 125.150 is hereby amended to read as follows:

5-14 125.150 Except as otherwise provided in NRS 125.155 and unless the

5-42 (b) The length of the marriage; and

6-1 (c) Any other factor which the court deems relevant in making a just

6-2 and equitable disposition of that property.

6-3 As used in this subsection, "contribution" includes a down payment, a

6-4 payment for the acquisition or improvement of property, and a payment

6-5 reducing the principal of a loan used to finance the purchase or

6-6 improvement of property. The term does not include a payment of interest

6-7 on a loan used to finance the purchase or improvement of property, or a

6-8 payment made for maintenance, insurance or taxes on property.

6-9 3. [Whether] Except as otherwise provided in section 10 of this act,

6-10 whether or not application for suit money has been made under the

6-11 provisions of NRS 125.040, the court may award a reasonable attorney’s

6-12 fee to either party to an action for divorce if those fees are in issue under

6-13 the pleadings.

6-14 4. In granting a divorce, the court may also set apart such portion of

6-15 the husband’s separate property for the wife’s support, the wife’s separate

6-16 property for the husband’s support or the separate property of either spouse

6-17 for the support of their children as is deemed just and equitable.

6-18 5. In the event of the death of either party or the subsequent

6-19 remarriage of the spouse to whom specified periodic payments were to be

6-20 made, all the payments required by the decree must cease, unless it was

6-21 otherwise ordered by the court.

6-22 6. If the court adjudicates the property rights of the parties, or an

6-23 agreement by the parties settling their property rights has been approved

6-24 by the court, whether or not the court has retained jurisdiction to modify

6-25 them, the adjudication of property rights, and the agreements settling

6-26 property rights, may nevertheless at any time thereafter be modified by the

6-27 court upon written stipulation signed and acknowledged by the parties to

6-28 the action, and in accordance with the terms thereof.

6-29 7. If a decree of divorce, or an agreement between the parties which

6-30 was ratified, adopted or approved in a decree of divorce, provides for

6-31 specified periodic payments of alimony, the decree or agreement is not

6-32 subject to modification by the court as to accrued payments. Payments

6-33 pursuant to a decree entered on or after July 1, 1975, which have not

6-34 accrued at the time a motion for modification is filed may be modified

6-35 upon a showing of changed circumstances, whether or not the court has

6-36 expressly retained jurisdiction for the modification. In addition to any

6-37 other factors the court considers relevant in determining whether to modify

6-38 the order, the court shall consider whether the income of the spouse who is

6-39 ordered to pay alimony, as indicated on the spouse’s federal income tax

6-40 return for the preceding calendar year, has been reduced to such a level

6-41 that the spouse is financially unable to pay the amount of alimony he has

6-42 been ordered to pay.

7-1 8. In granting a divorce the court shall consider the need to grant

7-2 alimony to a spouse for the purpose of obtaining training or education

7-3 relating to a job, career or profession. In addition to any other factors the

7-4 court considers relevant in determining whether such alimony should be

7-5 granted, the court shall consider:

7-6 (a) Whether the spouse who would pay such alimony has obtained

7-7 greater job skills or education during the marriage; and

7-8 (b) Whether the spouse who would receive such alimony provided

7-9 financial support while the other spouse obtained job skills or education.

7-10 9. If the court determines that alimony should be awarded pursuant to

7-11 the provisions of subsection 8:

7-12 (a) The court, in its order, shall provide for the time within which the

7-13 spouse who is the recipient of the alimony must commence the training or

7-14 education relating to a job, career or profession.

7-15 (b) The spouse who is ordered to pay the alimony may, upon changed

7-16 circumstances, file a motion to modify the order.

7-17 (c) The spouse who is the recipient of the alimony may be granted, in

7-18 addition to any other alimony granted by the court, money to provide for:

7-19 (1) Testing of the recipient’s skills relating to a job, career or

7-20 profession;

7-21 (2) Evaluation of the recipient’s abilities and goals relating to a job,

7-22 career or profession;

7-23 (3) Guidance for the recipient in establishing a specific plan for

7-24 training or education relating to a job, career or profession;

7-25 (4) Subsidization of an employer’s costs incurred in training the

7-26 recipient;

7-27 (5) Assisting the recipient to search for a job; or

7-28 (6) Payment of the costs of tuition, books and fees for:

7-29 (I) The equivalent of a high school diploma;

7-30 (II) College courses which are directly applicable to the recipient’s

7-31 goals for his career; or

7-32 (III) Courses of training in skills desirable for employment.

7-33 Sec. 12. The amendatory provisions of sections 10 and 11 of this act

7-34 apply to all actions for divorce that are filed on or after October 1, 1999,

7-35 and to all actions for divorce that are pending on or after October 1, 1999,

7-36 regardless of when the action was filed.