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, 3 and 4 of this act.

1-3 Sec. 2. "Department of the family court" means any department of

1-4 the district court that is designated as a department of the family court.

1-5 Sec. 3. "Jurisdiction of the family court" means the jurisdiction of

1-6 the family court that is established in NRS 3.223.

1-7 Sec. 4. In each judicial district that includes a county whose

1-8 population is 100,000 or more:

1-9 1. The clerk of the district court shall develop an information form

1-10 for family court. The information form for family court must be:

1-11 (a) Approved by the chief judge; and

2-1 (b) Used to obtain the information described in subsection 2 from a

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

2-3 the jurisdiction of the family court.

2-4 2. A party may not file in the district court the initial pleading in a

2-5 case that involves a matter within the jurisdiction of the family court

2-6 unless, at the same time that the party files the initial pleading, the party

2-7 files an information form for family court which is signed by the party,

2-8 his attorney or other legal representative and which specifies:

2-9 (a) Whether the party is also a party in any other pending case or was

2-10 a party in any other previously decided case assigned to a department of

2-11 the family court in the judicial district;

2-12 (b) Whether any other party in the initial pleading is also a party in

2-13 any other pending case or was a party in any other previously decided

2-14 case assigned to a department of the family court in the judicial district;

2-15 (c) Whether a child involved in the case is also involved in any other

2-16 pending case or was involved in any other previously decided case

2-17 assigned to a department of the family court in the judicial district, other

2-18 than a case within the jurisdiction of the juvenile court pursuant to

2-19 chapter 62 of NRS; and

2-20 (d) Any other information that the chief judge determines must be

2-21 provided on the information form for family court, including, without

2-22 limitation, any other information concerning a case described in

2-23 paragraph (a), (b) or (c).

2-24 3. The chief judge and the clerk of the district court shall use the

2-25 information provided on the information form for family court to assign

2-26 cases to a department of the family court in accordance with subsection 3

2-27 of NRS 3.025.

2-28 Sec. 5. NRS 3.025 is hereby amended to read as follows:

2-29 3.025 1. In each judicial district that includes a county whose

2-41 court and:

3-1 (a) The parties to the case are also the parties in any other pending

3-2 case or were the parties in any other previously decided case assigned to

3-3 a department of the family court in the judicial district; or

3-4 (b) A child involved in the case is also involved in any other pending

3-5 case or was involved in any other previously decided case assigned to a

3-6 department of the family court in the judicial district, other than a case

3-7 within the jurisdiction of the juvenile court pursuant to chapter 62 of

3-8 NRS,

3-9 the chief judge shall assign the case to the department of the family court

3-10 to which the other case is presently assigned or, if the other case has been

3-11 decided, to the department of the family court that decided the other case,

3-12 unless a different assignment is required by another provision of NRS, a

3-13 court rule or the Nevada Code of Judicial Conduct or the chief judge

3-14 determines that a different assignment is necessary because of

3-15 considerations related to the management of the caseload of the district

3-16 judges within the judicial district. If a case described in this subsection is

3-17 heard initially by a master, the recommendation, report or order of the

3-18 master must be submitted to the district judge of the department of the

3-19 family court to which the case has been assigned pursuant to this

3-20 subsection for consideration and decision by that district judge.

3-21 Sec. 6. NRS 22.030 is hereby amended to read as follows:

3-22 22.030 1. [When] If a contempt is committed in the immediate view

3-43 this subsection do not apply in [any] :

4-1 (a) Any case where a final judgment or decree of the court is drawn in

4-2 question and such judgment or decree was entered in such court by a

4-3 predecessor judge thereof 10 years or more preceding the bringing of

4-4 contempt proceedings for the violation of the judgment or decree.

4-5 (b) Any proceeding described in subsection 1 of NRS 3.223, whether

4-6 or not a family court has been established in the judicial district.

4-7 Sec. 7. Chapter 125 of NRS is hereby amended by adding thereto a

4-8 new section to read as follows:

4-9 1. In any action for divorce, at any time more than 10 days before

4-10 trial, a party may serve upon the opposing party a written offer to allow a

4-11 decree to be entered concerning the property rights of the parties in

4-12 accordance with the terms and conditions of the offer.

4-13 2. If an offer made by a party pursuant to this section is accepted by

4-14 the opposing party and approved by the court, the court shall, upon entry

4-15 of the decree of divorce, enter judgment in accordance with the terms

4-16 and conditions of the offer.

4-17 3. If an offer made by a party pursuant to this section is not accepted

4-18 by the opposing party before trial or within 10 days after it is made,

4-19 whichever occurs first, the offer shall be deemed rejected and cannot be

4-20 given in evidence upon the trial. The rejection of an offer does not

4-21 preclude either party from making another offer pursuant to this section.

4-22 4. If an offer is deemed rejected pursuant to subsection 3 and the

4-23 party who rejected the offer fails to obtain a more favorable judgment

4-24 concerning the property rights that would have been resolved by the offer

4-25 if it had been accepted, the court may do any or all of the following:

4-26 (a) Order the party who rejected the offer to pay the taxable costs of

4-27 the opposing party that relate to the adjudication of those property rights.

4-28 (b) Order the party who rejected the offer to pay the reasonable

4-29 attorney’s fees incurred by the opposing party after the date of the offer

4-30 that relate to the adjudication of those property rights.

4-31 (c) Prohibit the party who rejected the offer from recovering any costs

4-32 or attorney’s fees that relate to the adjudication of those property rights,

4-33 except that the court may not, pursuant to the provisions of this

4-34 paragraph, prohibit the party from recovering any preliminary attorney’s

4-35 fees that were awarded to the party during the pendency of the divorce

4-36 action.

4-37 5. In determining whether to take any action described in subsection

4-38 4, the court shall consider:

4-39 (a) Whether each party was represented by counsel when the offer was

4-40 made;

4-41 (b) Whether the issues related to the property rights of the parties were

4-42 conducive to an offer made pursuant to this section;

5-1 (c) Whether the offer was made in good faith and was reasonable with

5-2 respect to its timing and its amount;

5-3 (d) Whether rejection of the offer was done in bad faith or was grossly

5-4 unreasonable;

5-5 (e) Whether, during the pendency of the divorce action, the conduct of

5-6 the party who rejected the offer or his counsel furthered or frustrated the

5-7 policy of the law to promote settlement of litigation and to reduce the

5-8 costs of litigation by encouraging cooperation between the parties and

5-9 their counsel;

5-10 (f) Whether the judgment differs from the terms and conditions of the

5-11 offer in such a manner, with respect to the property rights that would

5-12 have been resolved by the offer if it had been accepted, that the court

5-13 cannot make a clear determination whether the party failed to obtain a

5-14 more favorable judgment concerning those property rights; and

5-15 (g) Whether the divorce action involved so many changes in the issues

5-16 that the court cannot make a clear determination whether the party failed

5-17 to obtain a more favorable judgment concerning the property rights that

5-18 would have been resolved by the offer if it had been accepted.

5-19 6. The provisions of this section do not apply to any issues related to

5-20 the custody of a child, the support of a child or the support of a spouse. If

5-21 any offer that is made by a party pursuant to this section includes any

5-22 such issue, the offer shall be deemed to be void in its entirety and all

5-23 terms and conditions of the offer, including, without limitation, all terms

5-24 and conditions related to the property rights of the parties, shall be

5-25 deemed to have no force or effect pursuant to this section.

5-26 Sec. 8. NRS 125.150 is hereby amended to read as follows:

5-27 125.150 Except as otherwise provided in NRS 125.155 and unless the

5-43 improvement of property held in joint tenancy, the court may provide for

6-1 the reimbursement of that party for his contribution. The amount of

6-2 reimbursement must not exceed the amount of the contribution of separate

6-3 property that can be traced to the acquisition or improvement of property

6-4 held in joint tenancy, without interest or any adjustment because of an

6-5 increase in the value of the property held in joint tenancy. The amount of

6-6 reimbursement must not exceed the value, at the time of the disposition, of

6-7 the property held in joint tenancy for which the contribution of separate

6-8 property was made. In determining whether to provide for the

6-9 reimbursement, in whole or in part, of a party who has contributed separate

6-10 property, the court shall consider:

6-11 (a) The intention of the parties in placing the property in joint tenancy;

6-12 (b) The length of the marriage; and

6-13 (c) Any other factor which the court deems relevant in making a just and

6-14 equitable disposition of that property.

6-15 As used in this subsection, "contribution" includes a down payment, a

6-16 payment for the acquisition or improvement of property, and a payment

6-17 reducing the principal of a loan used to finance the purchase or

6-18 improvement of property. The term does not include a payment of interest

6-19 on a loan used to finance the purchase or improvement of property, or a

6-20 payment made for maintenance, insurance or taxes on property.

6-21 3. [Whether] Except as otherwise provided in section 7 of this act,

6-22 whether or not application for suit money has been made under the

6-23 provisions of NRS 125.040, the court may award a reasonable attorney’s

6-24 fee to either party to an action for divorce if those fees are in issue under

6-25 the pleadings.

6-26 4. In granting a divorce, the court may also set apart such portion of the

6-27 husband’s separate property for the wife’s support, the wife’s separate

6-28 property for the husband’s support or the separate property of either spouse

6-29 for the support of their children as is deemed just and equitable.

6-30 5. In the event of the death of either party or the subsequent remarriage

6-31 of the spouse to whom specified periodic payments were to be made, all the

6-32 payments required by the decree must cease, unless it was otherwise

6-33 ordered by the court.

6-34 6. If the court adjudicates the property rights of the parties, or an

6-35 agreement by the parties settling their property rights has been approved by

6-36 the court, whether or not the court has retained jurisdiction to modify them,

6-37 the adjudication of property rights, and the agreements settling property

6-38 rights, may nevertheless at any time thereafter be modified by the court

6-39 upon written stipulation signed and acknowledged by the parties to the

6-40 action, and in accordance with the terms thereof.

6-41 7. If a decree of divorce, or an agreement between the parties which

6-42 was ratified, adopted or approved in a decree of divorce, provides for

6-43 specified periodic payments of alimony, the decree or agreement is not

7-1 subject to modification by the court as to accrued payments. Payments

7-2 pursuant to a decree entered on or after July 1, 1975, which have not

7-3 accrued at the time a motion for modification is filed may be modified upon

7-4 a showing of changed circumstances, whether or not the court has expressly

7-5 retained jurisdiction for the modification. In addition to any other factors

7-6 the court considers relevant in determining whether to modify the order, the

7-7 court shall consider whether the income of the spouse who is ordered to pay

7-8 alimony, as indicated on the spouse’s federal income tax return for the

7-9 preceding calendar year, has been reduced to such a level that the spouse is

7-10 financially unable to pay the amount of alimony he has been ordered to pay.

7-11 8. In granting a divorce the court shall consider the need to grant

7-12 alimony to a spouse for the purpose of obtaining training or education

7-13 relating to a job, career or profession. In addition to any other factors the

7-14 court considers relevant in determining whether such alimony should be

7-15 granted, the court shall consider:

7-16 (a) Whether the spouse who would pay such alimony has obtained

7-17 greater job skills or education during the marriage; and

7-18 (b) Whether the spouse who would receive such alimony provided

7-19 financial support while the other spouse obtained job skills or education.

7-20 9. If the court determines that alimony should be awarded pursuant to

7-21 the provisions of subsection 8:

7-22 (a) The court, in its order, shall provide for the time within which the

7-23 spouse who is the recipient of the alimony must commence the training or

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

7-25 (b) The spouse who is ordered to pay the alimony may, upon changed

7-26 circumstances, file a motion to modify the order.

7-27 (c) The spouse who is the recipient of the alimony may be granted, in

7-28 addition to any other alimony granted by the court, money to provide for:

7-29 (1) Testing of the recipient’s skills relating to a job, career or

7-30 profession;

7-31 (2) Evaluation of the recipient’s abilities and goals relating to a job,

7-32 career or profession;

7-33 (3) Guidance for the recipient in establishing a specific plan for

7-34 training or education relating to a job, career or profession;

7-35 (4) Subsidization of an employer’s costs incurred in training the

7-36 recipient;

7-37 (5) Assisting the recipient to search for a job; or

7-38 (6) Payment of the costs of tuition, books and fees for:

7-39 (I) The equivalent of a high school diploma;

7-40 (II) College courses which are directly applicable to the recipient’s

7-41 goals for his career; or

7-42 (III) Courses of training in skills desirable for employment.

8-1 Sec. 9. Assembly Bill No. 50 of this session is hereby amended by

8-2 deleting sections 2 through 4 and inserting:

8-3 Secs. 2-4. (Deleted by amendment.)

8-4 Sec. 10. Assembly Bill No. 50 of this session is hereby amended by

8-5 deleting sections 6 and 7 and inserting:

8-6 Secs. 6 and 7. (Deleted by amendment.)

8-7 Sec. 11. Section 3 of Assembly Bill No. 51 of this session is hereby

8-8 amended to read as follows:

8-9 Sec. 3. As used in this chapter, unless the context otherwise

8-10 requires, the words and terms defined in sections 4 and 5 of

8-11 Assembly Bill No. 51 of this [act] session and sections 2 and 3 of

8-12 this act have the meanings ascribed to them in those sections.

8-13 Sec. 12. The amendatory provisions of section 7 of this act apply to all

8-14 actions for divorce that are filed on or after October 1, 1999, and to all

8-15 actions for divorce that are pending on or after October 1, 1999, regardless

8-16 of when the action was filed.

8-17 Sec. 13. 1. This section and sections 9 and 10 of this act become

8-18 effective on June 30, 1999.

8-19 2. Sections 1 to 8, inclusive, 11 and 12 of this act become effective on

8-20 October 1, 1999.