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no-fault divorce

A no-fault divorce means that there is no fault by either party involved in the divorce and is allowed in some states. Nevada is one of them.

A divorce can be obtained much faster when there is no fault as no wrongdoing needs to be proven. In states where one must prove wrongdoing, a divorce can take years, and often results in high attorney fees and a lot of stress placed on the people involved.

Nevada became a no-fault divorce state, one of the first to do so, for business reasons, as strange as it sounds.  The idea was to attract people from around the country, especially Californians, to come spend six weeks in Nevada.  Six weeks is the minimum amount of consecutive time one must be physically present in Nevada to become a resident of the state. Those who came to establish residency stayed at a “divorce ranch,” spent money at casinos, restaurants, and other businesses, bringing much revenue to the state.

The paperwork for a no-fault divorce in Nevada states that “the parties hereto are incompatible in marriage and also are irreconcilable,” essentially saying that neither party is at fault, they have simply become incompatible and have no wish to reconcile.

Not to say that there are never other reasons used in a divorce. Nevada law (NRS NRS 125.010) states causes for divorce as follows:

  1. Insanity existing for 2 years prior to the commencement of the action [the filing of the divorce]. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.
  2. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
  3. Incompatibility.

A large majority of Nevada divorces are filed based on incompatibility because, as you can see, it’s the easiest and simplest way to file.

The rules regarding property, debt division, and child support do not change whether filing a no-fault divorce or one showing insanity or living separate for a year.

In Nevada, it doesn’t matter what your spouse did or didn’t do that caused the breakdown of the marriage. The court treats all issues of property and debt division the same as if no one is at fault in a large majority of divorce cases.

Same with child custody, visitation, and child support. Nothing that caused the breakdown of the marriage affects how the court handles these issues. The only exception is if one party harmed the children in some way. Family Court in Nevada thinks first and foremost of the well-being of the children.

Here is a link to when the legislation moved to make Nevada a no-fault divorce state: https://bit.ly/2zZA2YY

 

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