What are causes for divorce in Nevada?

Incompatibility, Insanity, and separation for more than a year are the only legal grounds for divorce in Nevada, which is a no fault state. According to Nevada law, insanity must exist for at least two years prior to the commencement of the divorce action. The court will then ask for evidence supporting the claim, and if that evidence is convincing, the court can grant a divorce decree. Because insanity or separation have to be proven, but incompatibility does not, it is rare that a party seeks divorce upon grounds other then incompatibility.

Another cause for divorce that can be cited in Nevada is if a husband and wife have lived separately — without any cohabitation — for at least one year. Then either spouse can file suit and be granted a divorce.

The third cause for divorce is the one used most often: incompatibility. This means neither spouse is at fault, but that you two are incompatible and cannot reconcile.

Some people might read the above and conclude that divorce is a simple DIY project. The reality is that if you go it alone in court, you will be expected to understand the law, process and proceedings as if you are an attorney. If there are crucial disputes involving child custody, child support or asset division, you must know family law at least as well as your spouse’s attorney or prepare to deal with potentially unfavorable consequences.

At Kainen Law Group, we understand not only the letter of the law, but also its many nuances that can mean the difference between a divorce settlement you might later regret and a favorable divorce agreement in which you and your rights and interests are respected.

Please see our Child Support page for more information on ways in which we can help you in this critical area.