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NRS 125.123

Application for decree of divorce by default; affidavit

Applied in 2 court decisions — leading case Vaile v. Dist. Ct. (2002)

Most recently applied in Vaile v. Dist. Ct. (April 2002)

(Added to NRS by 1985, 981; A 1987, 1179)

An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses. If there is a marital settlement agreement, it must be identified in the affidavit and attached to the affidavit as an exhibit. Any affidavit made to support the application, including an affidavit to corroborate residency, must:

1. Be based upon the personal knowledge of the affiant;

2. Contain only facts which would be admissible in evidence;

3. Give factual support to each allegation in the application; and

4. Establish that the affiant is competent to testify to the contents of the affidavit.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.