Nevada is a no-fault divorce state. You do not have to accuse your spouse of wrongdoing in order to get a divorce. Community property laws still apply to the division of your marital assets even if one of you committed misconduct.
Before the implementation of no-fault divorce, one spouse was required to prove that the other spouse was at fault for the demise of the marriage. Common examples were:
- extreme cruelty or
- adultery
Now you can simply state that you two no longer get along (“incompatibility“) in order to get a decree of divorce.1
Does adultery affect divorce in Nevada?
No. Since Nevada is a no-fault divorce state, adultery is not a ground for divorce. Nor does it give one party an advantage during divorce proceedings.
Though if your spouse used community property to fund an affair secretly, the court could reduce your spouse’s share of the marital estate.2
How long do you have to be separated before divorce in Nevada?
Under Nevada law, there is no minimum time period you have to be separated before you can file for divorce on incompatibility grounds. (Incompatibility is the equivalent of “irreconcilable differences”).
Though if you do not claim incompatibility, then you and your spouse must live separately for at least one year before filing for divorce.3
Nevada is a no-fault divorce state.
Is there a residency requirement?
In the state of Nevada, you or your spouse must be a resident of Nevada for at least six weeks before filing for divorce. The court also requires an affidavit attesting to you or your spouse having been a Nevada resident for six-weeks.4
Is Nevada a 50-50 divorce state?
Nevada is a community property state. This means any income earned by either spouse during the marriage – and any and all property purchased with those earnings – are considered to be community property owned by you and your spouse equally.
Therefore, at the time of divorce, there will be an equal division of property between you and your spouse (unless you have a settlement agreement contracting otherwise).5
Can fault affect child custody?
As in all states, Nevada courts will begin the process of determining child custody with the presumption that it is best for a child to have regular and consistent contact with both parents after a divorce. This means that family court judges will encourage and support joint custody arrangements as much as possible.
Though if you can show it is not in your minor child’s best interest to be in your spouse’s custody (such as due to abuse, absenteeism, addiction, etc.), then the court can decide to award you primary or sole physical custody.6
Should I contact a Nevada family law attorney?
Each couple is different and each situation is comprised of its own facts and circumstances. It is imperative that you work with a Las Vegas, NV family law divorce attorney who understands that the divorce process is not the same for each couple.
When deciding on the right family law attorney, it is best to work with someone who is knowledgeable about the law but is also sensitive to the situation and the needs of your family – especially in a contested divorce. The divorce lawyers at Las Vegas Defense Group have helped many clients through their divorce cases and other family law matters.
Call our law firm for legal advice on Nevada divorce laws. We appear in district courts in Clark County and throughout the state.
Couples can divorce in Nevada without accusing each other of misconduct.
Related Topics
- alimony/spousal support
- annulment
- child support
- separate maintenance
- uncontested divorce/joint petition
See also Divorce – Family Law Self-help Center, Legal Aid of Southern Nevada.
Legal References
- NRS 125.010. See, for example, Kelly v. Kelly (1883) .
- NRS 125.010. See, for example, Kogod v. Cioffi-Kogod (2019) (“We also hold that community funds spent on extramarital affairs are dissipated such that the district court has a compelling reason to make an unequal disposition of community property.“).
- NRS 125.010.
- NRS 125.020.
- NRS 125.050.
- NRS 125C.0035.