While divorce is an emotionally trying experience, it is important to keep the legal aspects in mind to protect your children and your financial future. That starts with meeting with a divorce attorney to understand the grounds for divorce. If you have made the decision to divorce, seek out a Las Vegas divorce attorney to get the process started. Here are the basics you need to know about the legal grounds for divorce in this state.
Nevada has a strictly no-fault divorce system. That means that your divorce attorney cant make the argument that some action by your spouse has led to the divorce, though he or she may argue that certain behaviors have led to an adverse financial effect when it comes to the distribution of property or that certain behaviors would have a detrimental effect on the best interests of a child in relation to the child custody aspects of your case. That notwithstanding, most divorces are granted on the grounds of irreconcilable differences, also sometimes referred to as incompatibility. This simply means that you and your spouse are unable to work out the differences between you in a way that allows you to continue with your marriage.
Although irreconcilable differences are one ground for divorce, Nevada also permits an application for divorce after spouses have been living apart for at least one year. Note that if you choose to divorce on this ground, your separation must have been physical and your divorce lawyer will need to prove that you have not shared a residence at all during that 12-month period. In the case of desertion when your spouse has left without warning and severed ties from the family for a period of 90 days your divorce lawyer can apply for permanent support payments for yourself and your children without yet having to file for divorce.
Courts will award your petition for divorce if you can demonstrate that your spouse has been suffering from insanity for two years prior to your filing. During the divorce litigation, your attorney may need to call an expert witness to prove your spouse’s condition. Establishing that your spouse has been suffering from insanity for this period may also impact the division of property and child custody aspects of your case.