Grounds for Divorce 

Divorce Law: Grounds for Divorce in Nevada

Amanda

Divorce Law: Grounds for Divorce in Nevada

Grounds for Divorce Description
No-Fault The marriage is irretrievably broken and the spouses have lived apart for at least 1 year without reconciliation.
Fault
  • Adultery
  • Insanity for 2 years prior to filing
  • Conviction of a felony
  • Abuse or neglect of spouse, child or relative
  • Living apart for more than 1 year because of spouse’s desertion
  • Impotency or inability to consummate the marriage

Introduction

In Nevada, there are two types of grounds for divorce: fault-based and no-fault. Fault-based grounds require one spouse to prove that the other committed some wrongdoing which led to the failure of their marriage. No-fault grounds do not require any proof of wrongdoing but instead only need one spouse to assert that they believe their marriage has irretrievably broken down.

  • Fault-based grounds include:
    • Adultery
    • Cruelty
    • Insanity
    • Conviction of a felony
    No-Fault Divorce Grounds:
    The following three conditions must be met to file for a no-fault divorce in Nevada:
  • The spouses have been living apart without cohabitation (not sleeping together) for at least one year; OR
  • A married couple can seek an annulment if:
      -They were underage when they got married (18 years old is required)

    -One or both were under duress at the time (such as being forced into getting married)

    Overview of Divorce Law in Nevada

    In Nevada, there are residency requirements that must be met before filing for divorce. Either you or your spouse must have lived in Nevada for at least six weeks prior to filing. Additionally, there may be waiting periods between certain stages of the divorce process:

      The following waiting periods apply in Nevada:
  • After serving your spouse with legal documents: 20 days (if they live in-state) or 30 days (if out-of-state)
  • To finalize a divorce after both parties have agreed: either 90 days from initial file date OR 30 days from decree; whichever is later.

    • If you are considering getting divorced in Nevada, it is highly recommended that you consult with an experienced family law attorney who can guide you through the process and help protect your rights and interests throughout this difficult time.

    Importance of understanding grounds for divorce in Nevada

    Fault-based divorces often involve lengthy court battles as both parties try to prove their case. This can lead to more stress and expense than a no-fault divorce.

    On the other hand, if you choose a no-fault divorce, there may still be issues that require resolution such as child custody, child support, spousal support or property division. It’s essential to work with an experienced attorney who understands all aspects of Nevada’s family law so that you can make informed decisions throughout the process.

    No-Fault Grounds for Divorce

    An experienced family law attorney can help guide you through this process and ensure that all necessary documents are filed correctly so as not to delay or complicate your case. They can also assist with resolving disputes over child custody, support payments, and division of property if needed.

    Irreconcilable Differences

    It’s important to note that irreconcilable differences can still involve issues such as adultery or domestic violence. However, instead of having to prove fault-based grounds in court, couples can simply cite irreconcilable differences and move forward with their divorce proceedings.

      If you are considering filing for divorce based on irreconcilable differences:
  • You will need to provide evidence that your marriage has broken down beyond repair
  • You may also need to work with your spouse to reach an agreement on key issues such as child custody, division of property and spousal support

    • A skilled family law attorney can help guide you through this process and ensure that your interests are protected every step of the way.

    Definition and requirements for proving irreconcilable differences

    Irreconcilable differences is the most common ground for divorce in Nevada. To obtain a no-fault divorce based on irreconcilable differences, both parties must agree that their marriage has broken down beyond repair.

    The following requirements must be met to file for an irreconcilable differences divorce:

    • Both parties must agree that there are irreconcilable differences
    • The marriage must be irretrievably broken with no chance of reconciliation
    • All issues related to child custody, support, property division and spousal support have been resolved or waived by both parties

    If you believe your marriage has reached the point of no return and want to explore your options for filing a divorce in Nevada, it’s essential to work with a qualified attorney who can guide you through this complex process.

    Advantages and disadvantages of filing for divorce on grounds of irreconcilable differences

    One of the advantages of filing for divorce on grounds of irreconcilable differences is that it can be a less contentious and more efficient process. If both parties agree that the marriage has broken down, there may not be a need to go through a lengthy court battle to prove fault-based grounds.

    Another advantage is that it can help preserve relationships between spouses, especially if they have children together. By avoiding finger-pointing and blame-gaming in court, parents may find it easier to continue working together as co-parents after their divorce is finalized.

    However, one potential disadvantage of filing for divorce on grounds of irreconcilable differences is that it may limit your ability to seek certain types of financial relief. For example:

    • If you believe your spouse committed adultery or wasted marital assets during the marriage, you may not be able to use those allegations as leverage in property division negotiations
    • If you were physically abused by your spouse during the marriage, you might not be able to get additional spousal support based on those facts alone

    Living Separate and Apart

    To file for a no-fault divorce in Nevada, one of the spouses must have been “living separate and apart” from their partner without cohabitation (not sleeping together) for at least one year. This means that both parties have gone their separate ways and are no longer engaging in a marital relationship.

    If you’re not sure whether you meet the living separate and apart requirement or if your spouse disputes this claim, it’s best to speak with an experienced family law attorney. They can help guide you through the process and ensure that all necessary documentation is filed correctly.

    Definition and requirements for proving living separate and apart

    If you’re unsure whether you meet the residency requirements or if there are any issues regarding proving separation under Nevada law, it’s best to consult with an experienced family law attorney who can guide you through the process.

    Advantages and disadvantages of filing for divorce on grounds of living separate and apart

      Disadvantages:
  • The one-year waiting period could be difficult for some couples who are eager to move on from their failed marriage
  • If children are involved, living separately may add additional stressors such as co-parenting schedules, communicating about parenting issues, etc.

    • Ultimately, every situation is unique. It’s important to weigh the pros and cons carefully before choosing which grounds for divorce to pursue in Nevada. Consulting with an experienced family law attorney can help ensure that you make informed decisions throughout the process and protect your rights and interests during this difficult time.

    Fault-Based Grounds for Divorce

    In order to establish adultery as a ground for divorce, it must be shown that one spouse had sexual intercourse with someone else during the marriage. Cruelty can include physical or emotional abuse and requires proof such as medical records, witness testimony or police reports.

    If you are considering filing for divorce based on fault grounds, it is essential to work with an experienced family law attorney who can help you gather the evidence needed to support your case and protect your rights throughout this difficult process.

    Adultery

    Keep in mind that proving adultery may not necessarily have an impact on issues like child custody or property division unless it directly relates to those matters. However, it can still be a significant factor when determining spousal support payments.

    Definition and requirements for proving adultery

    It’s important to note that if both spouses engage in extramarital affairs, it may not be possible to use adultery as grounds for divorce. Additionally, even if you are able to prove adultery, it may not necessarily impact other aspects of the divorce such as property division or child custody unless it can be shown that the affair directly affected those issues.

    Advantages and disadvantages of filing for divorce on grounds of adultery

      Advantages:
  • Adultery can be used as leverage during negotiations over issues such as alimony or property division.
  • If one spouse cheated, it can impact child custody arrangements if the court determines that they acted irresponsibly or put their children at risk.
      • Disadvantages:
  • The burden of proof is on the accuser to prove that adultery took place which can lead to lengthy and expensive legal battles.
  • In many cases, proving adultery may not even have an impact on the final outcome of your case since Nevada courts operate under a “no-fault” system where wrongdoing by either party does not play a major role in decisions about property division or support payments.

    • It’s important to weigh all factors before deciding whether or not to file for divorce based on allegations of adultery. An experienced family law attorney can help you navigate this complex process with empathy and professionalism while also protecting your rights throughout every stage of your case.

    Desertion

    Desertion is a fault-based ground for divorce in Nevada. Desertion occurs when one spouse abandons the other without any reasonable cause or justification and with the intent to end the marriage. The period of abandonment must have lasted for at least one year.

    If you believe that your spouse has deserted you, it’s important to gather evidence to support your claim, such as emails, text messages or witness statements from family members or friends who can attest to your spouse’s absence. An experienced family law attorney can help guide you through this process and ensure that all necessary steps are taken to protect your rights and interests throughout the divorce proceedings.

    Definition and requirements for proving desertion

    In some cases, separation due to military service or other valid reasons may not be considered desertion. If you are considering using desertion as grounds for divorce in Nevada, it’s important to consult with a knowledgeable attorney who can help you build a strong case and protect your rights throughout the process.

    Advantages and disadvantages of filing for divorce on grounds of desertion

      Disadvantages of filing for desertion:
  • You will need to provide evidence that your spouse left without justification, which could be difficult and time-consuming
  • The process of proving desertion may involve extensive legal fees and court hearings, which could increase stress levels during an already challenging time

    • If you are considering filing for divorce on grounds of desertion, it’s important to speak with an experienced attorney who understands Nevada’s family law system. They can help guide you through this complex process while ensuring that your rights and interests are protected at all times.

    Conviction of Felony

    If your spouse has been convicted of a felony, it can be difficult to navigate the process of filing for divorce. Working with an experienced attorney can help ensure that you understand all aspects of Nevada’s family law and protect your rights throughout the proceedings.

    Definition and requirements for proving conviction of felony

    If all these requirements are met, then the spouse seeking the divorce may use this as grounds for filing. It’s important to note that even if you meet these requirements, it’s still recommended to work with an experienced family law attorney who can guide you through your options and help protect your interests throughout the process.

    Advantages and disadvantages of filing for divorce on grounds of conviction of felony

      Disadvantages:
  • A felony conviction does not automatically guarantee a successful divorce claim. The innocent party must still provide proof that the convicted party’s actions led to the breakdown of the marriage
  • In some cases, proving fault on behalf of one party may lead to resentment and further animosity between spouses during an already difficult time.

    • If you’re considering filing for divorce on grounds of conviction of felony in Nevada, it’s important to discuss your options with an experienced family law attorney who can help you make informed decisions about your future.

    Insanity

    The definition of “insanity” in this context refers to mental illness or incapacity which makes it impossible for your spouse to fulfill their marital duties. This can include being unable to communicate effectively with their partner or make important decisions about their life together.

    If you are considering filing for divorce on the grounds of insanity, it is essential to work with an experienced family law attorney who understands how Nevada courts interpret and apply this legal standard. An attorney can help you navigate the complex legal process involved in obtaining a fault-based divorce while protecting your rights and interests throughout the proceedings.

    Definition and requirements for proving insanity

    The following are requirements for proving insanity:

    • The spouse filing for divorce must show that their partner was insane when they got married
    • The mental illness must have lasted continuously throughout the marriage and until the time of filing
    • A licensed physician or psychiatrist must evaluate the allegedly insane party and submit a report to the court
    • If proven, an individual who is declared legally insane may lose certain rights such as custody of children or control over property.

    If you believe that your situation meets these criteria, it’s important to consult with an experienced family law attorney who can help guide you through this process and ensure your rights are protected.

    Advantages and disadvantages of filing for divorce on grounds of insanity

      Advantages:
  • If you can prove that your spouse is insane, you may be able to receive a larger portion of marital property, spousal support or child custody.
  • The court may order your spouse to undergo psychiatric treatment or counseling which could improve their mental health in the long term.
      • Disadvantages:
  • Proving insanity requires extensive medical records and evaluations from licensed professionals. This can be time-consuming and expensive.
  • The stigma surrounding mental illness may affect how others view your case, including judges, lawyers, and mediators.

    • It’s important to consult with an experienced family law attorney if you are considering filing for divorce on the grounds of insanity in Nevada so that they can advise you on the best course of action given your unique circumstances.

    Choosing the Appropriate Grounds for Divorce

    Ultimately, selecting an appropriate ground for divorce will depend on several factors specific to your situation. Consulting with an experienced family law attorney can help you make informed decisions throughout this process so that you can move forward with confidence.

    Factors to consider when choosing grounds for divorce

    No matter what type of divorce you choose to file for in Nevada, it’s important to have an experienced attorney by your side who can help guide you through the process and ensure that your rights are protected throughout every stage.

    Working with a Divorce Attorney

    • Expertise: An experienced divorce attorney has in-depth knowledge of Nevada’s family law and can help you navigate the legal system.
    • Negotiation skills: Divorce lawyers are skilled negotiators who can help you achieve your goals while minimizing conflict.
    • Legal protection: Your attorney will protect your legal rights throughout the divorce process, ensuring that your interests are represented at all times.

    Your lawyer will also handle paperwork, communicate with your spouse or their attorney on your behalf, and represent you in court if necessary. By hiring a qualified divorce lawyer, you can focus on moving forward and rebuilding your life after your marriage ends.

    Filing for Divorce in Nevada

    If both spouses agree on all issues related to child custody/support, spousal support/alimony (if any), division of assets/debts etc., then an uncontested divorce is possible which is usually quicker and less expensive than contested divorces.

    Conclusion

    Divorce can be a difficult and emotional process, but understanding the grounds for divorce in Nevada is essential to ensuring that your legal rights are protected. Whether you choose to pursue a fault-based or no-fault divorce, it’s important to work with an experienced attorney who can guide you through the process and help you achieve a fair resolution.

    If you are considering filing for divorce in Nevada, take some time to research family law attorneys in your area and schedule consultations with several before making a decision. By choosing an attorney who has experience handling cases similar to yours, you can feel confident that your case is being handled by someone who understands the nuances of Nevada’s family law system.

    Remember: divorce is not something that should be taken lightly. But by taking steps to educate yourself about the law and working with trusted professionals throughout the process, you can move forward with confidence knowing that your interests are being protected.

    Summary of Grounds for Divorce in Nevada

      No-Fault Divorce Grounds:
      The following three conditions must be met to file for a no-fault divorce in Nevada:
  • The spouses have been living apart without cohabitation (not sleeping together) for at least one year; OR
  • A married couple can seek an annulment if:
      -They were underage when they got married (18 years old is required)

      -One or both were under duress at the time (such as being forced into getting married)

    If you’re unsure about which type of divorce is right for you or need legal assistance with your case, it’s best to consult with an experienced family law attorney who can help guide you through the process and protect your rights.

    Final Thoughts and Recommendations

    In conclusion, it is essential to understand the grounds for divorce in Nevada so that you can make informed decisions throughout this complex process. Seeking legal advice from an experienced attorney will help protect your rights while guiding you through this challenging time.

    FAQ on ‘Divorce Law: Grounds for Divorce in Nevada’

    Do I need to prove fault to get a divorce in Nevada?

    No. Nevada is a no-fault divorce state, which means you can get a divorce simply by showing that there are irreconcilable differences between you and your spouse that have caused the marriage to break down.

    If my spouse committed adultery, do I automatically win custody of our children?

    No. Adultery by itself does not necessarily affect child custody or visitation rights. The court will make decisions about custody based on what is in the best interests of the children.

    If my spouse abandoned me, can I get a divorce without their consent?

    Yes. If your spouse has been absent from the marital home for at least six months without any reasonable cause or excuse and refuses to come back or communicate with you during that time, you may be able to obtain a default judgment of divorce without their consent.

    Can I still get a divorce if my spouse doesn’t want one?

    Yes. Nevada allows one party to unilaterally file for divorce even if the other party doesn’t want it. However, your spouse may contest the divorce proceedings and try to negotiate different terms or outcomes than what you originally proposed.