Nevada is a strictly no-fault state. To dissolve a marriage, a Las Vegas divorce lawyer does not need to prove misconduct, infidelity, or fraud. For medical, legal, and executive licensed professionals, this means the legal focus shifts immediately from proving fault to protecting financial interests.
What are the legal grounds for a no-fault divorce in Nevada?
Pursuant to Nevada Revised Statutes 125.010, there are three grounds for divorce:
- Incompatibility between the parties
- The parties have lived apart for at least one year
- Incurable insanity for two years
Incompatibility, also called “irreconcilable differences,” means the marriage cannot function. This is the most common reason stated in a Complaint for Divorce filed in Las Vegas. No spouse can deny the other a divorce. Only one spouse needs to allege incompatibility. The family courts will not stand in the way of a spouse who believes their marital differences are irreconcilable. While establishing the grounds for divorce is straightforward, unwinding the marital estate often requires business valuations and sophisticated financial analysis, frequently resulting in contested divorce litigation.
A spouse may seek a divorce if the parties have lived apart for at least one year, without cohabitation. A party can prove separation using evidence including separate leases, utility bills, testimony from family and friends, or a written statement from both parties.
A party can also seek a divorce if their spouse is legally insane. Insanity must be shown with medical or psychological evidence, such as testimony of medical professionals or admission to a mental health facility. The spouse must have been incurably insane for at least two years before the filing. Insanity is difficult to prove and legally unnecessary. Incompatibility is sufficient.
Does bad behavior like adultery or abuse affect a no-fault divorce?
Adultery, abuse, and fraud are not listed as grounds for divorce. The family courts do not entertain reasons for divorce other than those stated above. Infidelity is not of interest to the courts. While Nevada law does not award punitive compensation for infidelity, if one spouse dissipated marital assets on a third party, their share of the marital estate may be proportionately reduced. Tracing these dissipated funds is a critical component of complex asset division, particularly in a high net worth divorce where forensic accounting may be required.
Other elements of fault may be relevant to your divorce proceeding. Allegations of abuse can be grounds for an order of protection, affect child custody and visitation, and affect who remains in the family home. Our attorneys can provide strategic counsel on how your spouse’s conduct may impact these critical elements of your case.
Contact a Las Vegas Divorce Attorney
Our board certified Las Vegas divorce lawyers can help you navigate your divorce matter. Call our office at 702-222-4021, or fill out the confidential contact form below, to discuss a divorce consultation and secure the strategic advocacy your case requires.
