No-Fault vs At-Fault Grounds for Divorce in Nevada

no fault divorce concept of couple holding wedding rings with divorce decree

Similar to other states, Nevada offers married couples options for pursuing both “no-fault” and “at-fault” divorces.

Most Nevadans choose a no-fault divorce, which may be granted on grounds of incompatibility or irreconcilable differences.

Additionally, either spouse can request a no-fault divorce if they have been living separately for at least one year.

In Nevada, the only acceptable reason for a fault-based divorce is proof of the insanity of the other spouse, which must have existed for at least two years prior to filing the petition.

Understanding the differences between no-fault and at-fault grounds for divorce is important for several reasons:

  • Legal implications: The grounds on which a divorce is filed can impact various legal aspects of the divorce proceedings, including property division, spousal support, and child custody arrangements. Different states may have different laws governing these aspects based on whether the divorce is filed on no-fault or at-fault grounds.
  • Financial implications: In some cases, filing for divorce on at-fault grounds may entitle the innocent spouse to a larger share of marital assets or spousal support. Understanding these implications can help individuals make informed decisions about the best approach for their specific situation.
  • Emotional considerations: Knowing the reasons behind the divorce filing can affect the emotional dynamics of the process for both spouses. At-fault grounds may involve accusations of misconduct or wrongdoing, which can lead to heightened conflict and resentment. No-fault divorces, on the other hand, may focus more on the irreconcilable differences between the spouses, potentially leading to a less contentious process.
  • Practical considerations: Some states may have specific requirements or waiting periods associated with filing for divorce on at-fault grounds. Understanding these requirements can help individuals navigate the legal process more efficiently and effectively.

Overall, knowing the differences between no-fault and at-fault grounds for divorce allows individuals to make informed decisions about their legal rights, financial well-being, emotional health, and the overall divorce process.

Watch this video or read its transcript below to understand the differences of no-fault versus fault-based grounds for divorce.

Transcript

While it’s true that many state laws provide for a variety of fault based grounds for divorce, such as adultery cruelty or abandonment, almost all states also offer some sort of no-fault divorce.

The language varies somewhat for the different states, but the typical no-fault grounds for divorce is either that there’s been an irretrievable breakdown of the marriage, or that the spouses have irreconcilable differences.

In a no-fault case, one spouse need only allege that the marriage is irretrievably broken and need not prove any sort of fault against the other.

This also means that the other spouse can’t stop the divorce even if they don’t want it.

Whereas in fault-based divorces, if the other spouse objects to the divorce and the petitioning spouse can’t prove fault against the other spouse, the divorce might not be granted.

One of the major reasons for adopting no-fault divorce grounds in state laws was to empower either spouse to leave the marriage if desired and to make the divorce process a little easier.

Divorce Lawyers in Nevada

Smith Legal Group will recommend the type of divorce you should file for, provided you meet the eligibility requirements. You can learn more about the grounds for a no-fault divorce or at-fault divorce by contacting our Henderson, NV office at 702-410-5001 to request a free consultation.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.