Family Law & Immigration Attorneys
What Is a No-Fault Divorce?

What Is a No-Fault Divorce?

Especially if infidelity or abuse was involved, a divorce may certainly seem like it is one spouse’s fault. In Nevada, however, divorces are considered on a purely “no-fault” basis. This means the partner who is asking for the divorce does not have to prove any wrongdoing.

Instead, the party who files for divorce must declare a reason for divorce that is recognized by the state. In Nevada, the most common reason for divorce is incompatibility, or the fact that couples “just don’t get along.” As long as there is no chance of reconciliation, a judge will typically grant a divorce.

Other, less common grounds for divorce are outlined in NRS 125.010 and include the following:

  • Insanity: in this case, your spouse must have demonstrated insanity for 2 years prior to your divorce. The filing party may still be responsible for spousal support and maintenance.
  • Living apart: if you and your spouse have lived separate and apart for 1 year, without cohabitating, the judge will usually grant a divorce.

While divorce laws are straightforward in Nevada, many other factors may complicate a divorce.

Details to Consider

Getting married links your finances and property to another person, and if you and your spouse started a family, you will likely continue to share familial responsibilities after the divorce. When going through a divorce, you and your former partner will have to come to an agreement on a number of details. These include, but are not limited to:

If one spouse chooses to relocate, coming to a decision about these issues can be extremely difficult. Additionally, co-parenting can be a struggle when there is lingering hostility, or even down the line when exes get remarried. 

Sharing the Burden

With all the disagreements that may arise and the documentation that needs to be completed, a divorce may be overwhelming. Even if you and your spouse are going through an amiable, uncontested divorce, hiring an attorney or mediator may help you figure things out and put everything in writing.

No matter your situation, our team at Smith Law Offices, LLC is here to take the weight of the world off your shoulders.

Call us at (636) 400-1177 today to set up your free consultation and share the burden of your divorce with a firm that treats you like family.  

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