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)
Structure Nevada Revised Statutes
Chapter 125 - Dissolution of Marriage
NRS 125.005 - Referees in certain judicial districts: Appointment; duties; compensation.
NRS 125.010 - Causes for divorce.
NRS 125.020 - Verified complaint; residence or domicile; jurisdiction of district court.
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 125.120 - Court may grant divorce to either party.
NRS 125.123 - Application for decree of divorce by default; affidavit.
NRS 125.180 - Judgment for arrearages in payment of alimony and support.
NRS 125.181 - Summary proceeding for divorce: Conditions.
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 125.190 - 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 125.240 - 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 125.280 - Judgment for arrearages in payment of support.
NRS 125.300 - Voidable marriages: Causes for annulment.
NRS 125.320 - Cause for annulment: Lack of consent of parent or guardian and district court.
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.