Traditionally, divorces were limited to situations where one or both of the two spouses involved in the relationship had done something to cause an irretrievable breakdown of the marriage. A couple could divorce, for example, as a result of abuse or neglect or adultery but could not divorce simply because they no longer loved each other or wished to be married. This resulted in divorces where couples manufactured “grounds” for divorce by making inaccurate claims or acting in a certain destructive way solely to get out of a marriage they no longer wanted to be in.
As divorces became more common and acceptable, there was a shift in the law. States began to recognize irreconcilable differences or an irretrievable breakdown of the marriage as a reason for divorce. In time, a further shift occurred and soon no fault grounds essentially became the only acceptable grounds for divorce. Today, if you want to end your marriage in Nevada, there are only three acceptable causes of divorce. An experienced Las Vegas divorce attorney at Pintar Albiston, LLP can help you to determine the appropriate grounds for divorce and can provide assistance with the successful completion of all divorce paperwork.
What are the Grounds for Divorce in Nevada?
According to Nevada Revised State Section 125.010, the three acceptable grounds for divorce in Nevada include:
- Insanity for two years before the divorce action is filed. If insanity is listed as grounds for divorce, the court will require evidence to corroborate the mental state of the spouse who is allegedly insane. When the court grants a divorce on grounds of insanity, this does not relieve the person who petitioned for the divorce from responsibility in contributing to the support and maintenance of the allegedly insane spouse. The court may also require the plaintiff who petitions for divorce on the grounds of insanity to post bond in an amount determined appropriate by the court.
- Living separately. If the spouses have lived separately and apart without any cohabitation for at least one year, the court can grant a divorce if either of the two parties files a petition to end the marriage.
- Incompatibility: This is the no fault grounds for divorce in Las Vegas. Incompatibility is often the chosen grounds for divorce because there are no special requirements for either spouse to prove anything and because incompatibility does not require the spouses to live apart for such a long period of time. Since many spouses continue to live in the same household for financial reasons or because of disagreements regarding who will keep the family home, incompatibility often makes the most sense as grounds for divorce.
When you decide to dissolve your marriage, declaring the grounds to end the marriage is just one small part of your obligations to move the divorce process forward. An experienced Las Vegas divorce lawyer at Pintar Albiston, LLP can provide you with invaluable assistance in taking the necessary legal steps to permanently end your marital union. Call today to schedule a consultation and learn more.