Divorce Settlement Agreement - Nevada

MARITAL SETTLEMENT AGREEMENT

(Nevada)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
      3.1 Division of Community and Separate Property
      3.2 Allocation of Debts and Liabilities
      3.3 Spousal Support (Alimony)
      3.4 Child Custody and Parenting Plan
      3.5 Child Support and Related Expenses
      3.6 Tax Matters
      3.7 Insurance
      3.8 Name Restoration

4. Representations and Warranties

5. Covenants and Restrictions
6. Default and Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title

MARITAL SETTLEMENT AGREEMENT (the “Agreement”)

1.2 Parties

This Agreement is entered into by and between:

(a) [PETITIONER FULL LEGAL NAME], Nevada Resident, Social Security No. *--[LAST 4], (“Petitioner”); and

(b) [RESPONDENT FULL LEGAL NAME], Nevada Resident, Social Security No. *--[LAST 4], (“Respondent”)

Each a “Party” and, collectively, the “Parties.”

1.3 Recitals

A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE];
B. An action for dissolution of marriage is pending in the [DISTRICT] Court, Family Division, County of [COUNTY], State of Nevada, Case No. [CASE NUMBER] (the “Action”);
C. The Parties desire to propose a resolution of property division, support, custody, and other marital matters, subject to court approval where required;
D. The consideration for this Agreement includes the mutual promises and covenants contained herein and the Parties’ reliance thereon.

1.4 Effective Date

This Agreement shall become effective between the Parties on the date it is executed by the last-signing Party (the “Effective Date”), subject to any required court approval. The decree controls the effect of any terms the Court approves or incorporates.

1.5 Governing Law and Jurisdiction

This Agreement shall be governed by Nevada domestic-relations law, including NRS 125.150 (property and alimony) and NRS Chapter 125C (custody). The Nevada district court with jurisdiction over the Action may approve, enforce, or modify provisions to the extent permitted by law.

2. DEFINITIONS

“Child(ren)” means the Parties’ minor child(ren):

• [CHILD 1 FULL NAME], born [DOB]
• [CHILD 2 FULL NAME], born [DOB]
  (collectively, the “Children”).

“Community Property” means any property acquired during the marriage not otherwise qualifying as Separate Property, as defined by NRS 123.220.

“Separate Property” means property described in NRS 123.130, including premarital property and later gifts, inheritances, and personal-injury awards with their rents, issues, and profits. Separation alone does not change the character of later acquisitions; identify any applicable written agreement or decree under NRS 123.220.

“Parenting Plan” means the detailed custodial schedule and decision-making protocol attached hereto as Exhibit A.

“Spousal Support” has the meaning set forth in Section 3.3.

“Court” means the Nevada family court presiding over the Action.

3. OPERATIVE PROVISIONS

3.1 Division of Community and Separate Property

3.1.1 Equal Division Principle. Under NRS 125.150(1)(b), the Court ordinarily makes an equal disposition of community property to the extent practicable; an unequal court disposition requires a compelling reason stated in writing.

3.1.2 Asset Allocation. Exhibit B lists all Community Property and designates which Party shall receive each asset, subject to Court approval. The Parties shall complete any deed, account transfer, or other instrument needed to carry out an approved disposition.

3.1.3 Real Property.
(a) Residence. The marital residence located at [PROPERTY ADDRESS] shall be [sold/awarded to PARTY] on or before [DATE], with net proceeds (after customary costs of sale) to be distributed [50/50 OR OTHER] between the Parties.
(b) Transfer Documents. The Parties shall execute and deliver any deed, Declaration of Value required by NRS 375.060 for recording a deed, or other instrument necessary to effectuate the transfers contemplated herein and record documents affecting real property as required by NRS 123.280–.300.

3.1.4 Retirement and Deferred Compensation. Each Party shall retain the retirement or deferred-compensation accounts listed under his or her name in Exhibit B. Where division is required, a Qualified Domestic Relations Order (“QDRO”) compliant with applicable plan rules and 26 U.S.C. § 414(p) shall be prepared by [NAME OF QDRO DRAFTER] at [PARTY RESPONSIBLE]’s expense.

3.1.5 Personal Property. Tangible personal property shall be divided as detailed in Exhibit C. Any property not specifically allocated shall belong to the Party currently in possession, absent written agreement otherwise.

3.1.6 Omitted Assets. The Parties shall disclose and address any omitted community property or liability. Under NRS 125.150(3), a postjudgment motion concerning an item omitted from the decree because of fraud or mistake must be filed within three years after discovery of the relevant facts; the Court then applies the statute's division rules and exceptions.

3.2 Allocation of Debts and Liabilities

3.2.1 Community Debts. Exhibit D identifies all known community debts. Each Party shall be solely responsible for the debts allocated to him or her and shall indemnify the other pursuant to Section 7.1.

3.2.2 Undisclosed Debts. The Parties shall disclose and allocate any debt omitted from Exhibit D by written supplement or request appropriate court relief; allocation between the Parties does not, by itself, bind a creditor.

3.2.3 Hold-Harmless. Each Party shall hold the other harmless from any claim, collection effort, or judgment arising out of the debts allocated to such Party.

3.3 Spousal Support (Alimony)

3.3.1 Agreement. Under NRS 125.150(1)(a), [Petitioner/Respondent/Neither] shall pay Spousal Support to [other Party] in the amount of $[AMOUNT] per month, commencing on [START DATE] and continuing until the earliest of:
(a) [END DATE];
(b) remarriage of the payee;
(c) death of either Party; or
(d) further court order.

3.3.2 Modifiability. Accrued specified periodic alimony is not subject to modification under NRS 125.150(8). Unaccrued payments under a qualifying decree may be modified by the Court upon changed circumstances; the Parties may state their proposed treatment here: [________________].

3.3.3 Security. The payor shall maintain life insurance per Section 3.7.2 to secure the remaining spousal-support obligation.

3.4 Child Custody and Parenting Plan

3.4.1 Legal Custody. The Parties agree to share joint legal custody, subject to the court's determination. Under NRS 125C.002(1), the court applies a presumption favoring joint legal custody when the parents agree to it or a parent has shown, or tried to show despite frustration by the other parent, an intent to establish a meaningful relationship with the child. NRS 125C.0015 instead describes parents' custody rights before a court has made a custody determination.

3.4.2 Physical Custody. Physical custody shall be [joint physical / primary to [PARTY]], with parenting time allocated in Exhibit A and any holiday schedule therein.

3.4.3 Best-Interest Findings. The Parties acknowledge that this arrangement serves the Children’s best interests, considering the factors enumerated in NRS 125C.0035(4).

3.4.4 Relocation. Before a proposed move with a child outside Nevada, or an in-state move that would substantially impair the other parent's relationship, follow NRS 125C.006 for court-ordered primary physical custody or NRS 125C.0065 for court-ordered joint physical custody: seek the other parent's written consent, then petition for the applicable court relief if consent is refused.

3.4.5 Decision-Making. Day-to-day decisions shall be made by the parent then exercising physical custody. Major decisions (education, non-emergency medical, religion) require joint consultation and agreement.

3.4.6 Dispute-Resolution Protocol. The Parties may seek mediation of custody disputes under Section 8.3 when appropriate, without delaying a court filing or relief needed to protect a child.

3.4.7 Required Custody-Order Notices. The Parties request that any custody order include the following notice required by NRS 125C.0045(6):

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.

The custody order must also specify that the terms of the Hague Convention of October 25, 1980 apply if a parent abducts or wrongfully retains a child in a foreign country. If a parent lives in or has significant commitments in a foreign country, the Parties ☐ agree ☐ do not agree that the United States is the child's country of habitual residence for purposes of that Convention; the court includes an agreed designation under NRS 125C.0045(8)(a).

3.5 Child Support and Related Expenses

3.5.1 Base Child Support. Pursuant to NRS 125B.080, NRS 425.620, and the current NAC Chapter 425 guidelines, [PAYING PARTY] shall pay $[AMOUNT] per month for the child(ren), payable on the [DAY] of each month by the method stated in the decree, commencing [DATE]. Attach the calculation supporting the proposed amount as Exhibit [____].

3.5.2 Adjustments. Child support does not adjust automatically under an age-bracket schedule. Any modification or termination must follow the decree and current law. If an order covers multiple children without allocating a specific amount to each child, review NAC 425.160 and 425.165 before treating one child's age or status as an automatic reduction.

3.5.2A Review Notice. Each person subject to the child-support order may request court review of the order at least every three years under NRS 125B.145. The court may also review the order at any time based on changed circumstances. This notice is proposed for inclusion in the support order; NRS 125B.145(3) also permits notice at least once every three years instead.

3.5.3 Medical Support. Each Party shall maintain health-insurance coverage for the Children if available at reasonable cost. Uninsured medical, dental, orthodontic, vision, or mental-health expenses shall be shared [pro rata by income / 50-50], with reimbursement within 30 days of receipt of documentation.

3.5.4 Child-Care Costs. Work-related child-care expenses shall be allocated [pro rata / 50-50]; the paying Party shall reimburse the other within 14 days of receipt of proof of payment.

3.5.5 Federal Tax Claims. The Parties propose this allocation, subject to federal tax law: [SPECIFY]. A noncustodial parent's federal claim may require the custodial parent's signed release under 26 U.S.C. § 152(e); the agreement alone does not determine who may claim a child on a federal return.

3.6 Tax Matters

3.6.1 Filing Status. The Parties shall file [jointly/separately] for tax year [YEAR] if legally permissible and mutually advantageous. Any joint refunds or liabilities shall be divided [50-50 OR OTHER].

3.6.2 Indemnity. Each Party shall indemnify the other from any tax liability arising from his or her post-separation individual filings.

3.7 Insurance

3.7.1 Health Insurance. See Section 3.5.3 (Children) and Section 3.3.3 (Spousal Support security).

3.7.2 Life Insurance. The Spousal Support payor shall maintain a term policy with a death benefit of at least the present value of remaining Spousal Support, naming the payee as irrevocable beneficiary until the obligation terminates.

3.7.3 Property Insurance. The Party retaining any real property shall maintain standard hazard insurance and name the other Party as additional loss payee until any equalization payment is satisfied.

3.8 Name Restoration

[PARTY] requests that the decree change the Party's name to the formerly held legal name [FORMER NAME], subject to the Court's order under NRS 125.130(4).

4. REPRESENTATIONS AND WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made a full, complete, and accurate disclosure of all assets, liabilities, income, and expenses.

4.2 Authority. Each Party has full legal right and authority to enter into this Agreement and to convey the property herein described.

4.3 No Undue Influence. Each Party represents that this Agreement is executed voluntarily, without duress, coercion, or undue influence, and after consultation with independent legal counsel or a knowing waiver thereof.

4.4 Survival. The representations and warranties in this Article 4 shall survive execution and court approval of this Agreement.

5. COVENANTS AND RESTRICTIONS

5.1 Further Assurances. Each Party shall execute any additional instruments reasonably necessary to carry out the terms of this Agreement, including deeds, titles, QDROs, or tax forms.

5.2 Confidentiality of Financial Data. Except as required by law or court order, the Parties shall keep confidential the other’s non-public financial information obtained in connection with this Agreement.

5.3 Non-Disparagement. The Parties shall refrain from disparaging the other in the presence of the Children or on social media, recognizing the Children’s best interests.

5.4 Notice of Change in Address or Employment. Each Party shall provide the notices required by the decree and applicable law for a change in residential address, telephone number, or employer, using any safety-protected procedure ordered by the Court.

6. DEFAULT AND REMEDIES

6.1 Nonperformance. A Party's failure to perform a material duty under the approved decree, including a support payment or property transfer, may be raised through the applicable court enforcement procedure.

6.2 Notice and Cure for Property Transfers. For a missed property-transfer duty, a Party may give written notice and propose a reasonable cure date. This provision does not delay support, custody, parenting-time, protective-order, or other court remedies.

6.3 Remedies.
(a) Court relief available for breach of an incorporated or ordered duty, including enforcement of support or property provisions through the applicable procedure;
(b) Monetary or other relief the Court may award under the decree and applicable law;
(c) For wrongful denial of a noncustodial parent's court-ordered visits, additional visits if the Court orders them under NRS 125C.020(1)-(3); the noncustodial parent must give the statute's written notice before an additional visit.

6.4 Attorney Fees and Costs. A Party may request reasonable attorney fees and costs. Under NRS 125.150(4), the Court may award a reasonable fee to either party in a divorce action; success alone does not compel an award.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Subject to court approval and applicable law, each Party (“Indemnifying Party”) shall indemnify and hold harmless the other Party (“Indemnified Party”) from a claim, debt, or liability, including any attorney fee the Court awards, arising out of:
(a) the Indemnifying Party’s breach of this Agreement; or
(b) any debt or obligation allocated to the Indemnifying Party in Exhibit D.

7.2 Court-Ordered Duties. Nothing in this Agreement limits court-ordered child support, custody, parenting time, alimony, or a remedy the Court may grant under applicable law.

7.3 Inability to Perform. A Party unable to meet an obligation shall promptly give appropriate notice and seek any needed court modification or relief; the obligation remains governed by the decree and applicable law.

8. DISPUTE RESOLUTION

8.1 Court Jurisdiction. The Court may interpret and enforce provisions of the decree within its jurisdiction.

8.2 Optional Arbitration. The Parties may later agree in a signed record to arbitrate a property dispute if that agreement is enforceable under NRS 38.219 and the Court's continuing authority is respected. Any award requires the statutory court process for confirmation under NRS 38.239.

8.3 Mediation. The Parties may use a mediator for custody or parenting-time disputes when safe and appropriate, subject to any court order. Mediation does not bar a Party from seeking court relief.

8.4 Protective Relief. Nothing herein limits either Party's ability to apply for a domestic-violence protection order under NRS 33.020 or other relief available under law.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement (including Exhibits) states the Parties' proposed settlement and supersedes their prior private agreements on the same subjects, subject to any existing court order and required court approval.

9.2 Amendments. No amendment shall be valid unless in writing, signed by both Parties, and approved by the Court if required.

9.3 Waivers. A waiver of any breach shall not be deemed a waiver of subsequent breaches.

9.4 Assignment. Neither Party may assign personal obligations under this Agreement; any transfer of a property right remains subject to the decree and applicable law.

9.5 Severability. If a provision is held invalid, the remaining provisions remain subject to the Court's determination and applicable law.

9.6 Execution and Acknowledgment. The Parties shall sign and acknowledge this marital settlement as required by NRS 123.270. Use electronic execution only if counsel confirms that the chosen method satisfies all applicable execution, acknowledgment, filing, and court requirements.

9.7 Successors. Property provisions may bind a Party's estate or lawful successor to the extent the decree and applicable law permit. Child-related and personal duties remain governed by the decree and law.

9.8 Interpretation. Both Parties have had the opportunity to review this Agreement with counsel; therefore, no rule of strict construction shall apply against either Party.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARIZATION

State of Nevada )
County of [________________________________] ) ss.

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [PETITIONER NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public: __________________________
My Commission Expires: ________________

(Repeat acknowledgment for Respondent.)

EXHIBIT A – PARENTING PLAN

[Detailed weekly schedule; holiday rotations; transportation logistics; communication protocols; right of first refusal; dispute-resolution steps.]

EXHIBIT B – ASSET ALLOCATION SCHEDULE

[List of real property, vehicles, bank accounts, brokerage accounts, retirement accounts, business interests, personal property, etc., indicating which Party receives each asset and any equalization payment due.]

EXHIBIT C – PERSONAL PROPERTY ALLOCATION

[Inventory of furniture, electronics, collectibles, etc., with allocation or agreement on disposition.]

EXHIBIT D – DEBT ALLOCATION SCHEDULE

[Creditor name, account number (last four digits), principal balance as of [DATE], responsible Party, payment due dates, and any indemnity provisions.]