NV Bar Nevada Family Law 2 — Questions and Answers
Question 1: In Nevada, separate property includes which of the following?
- Wages earned during marriage
- Property acquired by gift or inheritance during marriage (Correct answer)
- Business profits earned during marriage
- Appreciation of community property
Correct answer: Property acquired by gift or inheritance during marriage
Under NRS 123.130, property acquired by gift, bequest, devise, or descent during marriage remains separate property in Nevada.
Question 2: In Nevada, what document allows spouses to modify their community property rights before or during marriage?
- Cohabitation agreement
- Prenuptial or postnuptial agreement (Correct answer)
- Community property trust
- Transmutation deed
Correct answer: Prenuptial or postnuptial agreement
Nevada recognizes prenuptial agreements (before marriage) and postnuptial agreements (during marriage) under NRS Chapter 123A to alter community property rights.
Question 3: Under Nevada law, alimony (spousal support) awards consider which factor?
- Length of marriage only
- Both spouses' financial condition and ability to pay (Correct answer)
- The fault of either spouse exclusively
- The number of children only
Correct answer: Both spouses' financial condition and ability to pay
Under NRS 125.150, Nevada courts weigh multiple factors for alimony including each spouse's financial condition, length of marriage, and standard of living established during the marriage.
Question 4: When can a Nevada court award permanent alimony?
- Only in marriages lasting more than 20 years
- When temporary alimony would not be appropriate given length of marriage and other factors (Correct answer)
- Never — Nevada only awards rehabilitative alimony
- Whenever a spouse requests it
Correct answer: When temporary alimony would not be appropriate given length of marriage and other factors
Nevada courts may award permanent alimony when rehabilitative alimony is insufficient, particularly in long marriages where a spouse cannot achieve financial independence.
Question 5: In Nevada, a domestic violence protective order (TPO) can be issued ex parte for an initial period of how long?
- 3 days
- 7 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
Under NRS 33.020, a temporary protective order in Nevada may be issued ex parte and is effective for up to 30 days pending the extended order hearing.
Question 6: Under Nevada's Uniform Parentage Act, a man is presumed to be a child's father if he:
- Signs a birth certificate only
- Was married to the mother when the child was born (Correct answer)
- Provides financial support for the child
- Holds himself out as the father publicly
Correct answer: Was married to the mother when the child was born
Under NRS 126.051, a man is presumed to be a child's natural father if he was married to the mother at the time of the child's birth.
NV Bar Nevada Family Law 2
In Nevada, separate property includes which of the following?