Title 125 · NRS Chapter 125

Application for decree of divorce by default; affidavit.

Citation: NRS 125.123

Section: 125.125.123

NRS

125.123

Application for decree of divorce by default; affidavit.

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.

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