Family Law, Criminal Defense & Immigration Attorneys

No-Fault Vs. Fault-Based Divorce - What's the Difference?

Can you file for a fault-based divorce in Nevada? How could adultery impact your divorce? Today, we're answering these questions and more in one of our monthly blogs. 

To work with our divorce attorneys on your case, contact us online or via phone at (636) 400-1177.

Is Nevada a No-Fault State?

Some states allow parties to file for a "fault-based" divorce - in which one party alleges that the other committed specific actions, such as adultery or abuse - that led to the divorce.

Alternatively, spouses may file for a "no-fault" divorce, in which they simply claim that "irreconcilable" differences made their partnership untenable and led to the divorce.

Nevada is a no-fault divorce state, meaning that parties can only use no-fault grounds to file for the divorce. As a result, it's effectively impossible to file for a fault-based divorce in Nevada.

Will Actions Such as Adultery Impact My Divorce?

Unfortunately, even if adultery was the leading cause of your divorce, the court will probably not evaluate it when considering how to issue judgments for divorce-related processes such as property division.

Similarly, if you were the "stay-at-home" parent during your marriage, you may wonder if you'll get full custody of any children you share with your spouse or permanent alimony. Neither of these outcomes are guaranteed - the court will examine the circumstances of your divorce and issue a judgment the judge presiding over your case feels is equitable to both parties.

However, if abuse played a role in your divorce, it could impact the outcome of your case. For example, you may be able to obtain a protective order preventing your ex-spouse from coming within a certain distance of you.

Similarly, the presence of abuse could impact any child custody case you become involved in. If the court determines that your ex-spouse is a danger to your children, it may award you with full custody - something that is an otherwise uncommon occurrence.

At Smith Law Offices, LLC, we'll work with you to pursue an ideal outcome in your custody case. Contact our office online or via phone at (636) 400-1177 to schedule a consultation with our team.

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