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Acceptable grounds for divorce in Nevada


A person may file for divorce from their spouse for a number of reasons. Nevada is a no-fault divorce state. This means that a person cannot use their spouse's wrongdoing as a cause for divorce, and there does not need to be any evidence of wrongdoing in order to file for divorce. Instead, there are three other possible causes for divorce.

Under Nevada law, a spouse may file for divorce if they show that their spouse has been clinically insane for at least two years prior to the divorce filing. A spouse who files for divorce on these grounds is likely to still be responsible for alimony and maintenance paid to the other spouse who is likely incompetent and may be institutionalized. Living separately for at least one year is also a statutory ground for divorce.

The third justification for divorce, and by far the most common, is referred to simply as incompatibility. In real terms this means that the spouses have realized that there are fundamental differences between them that they cannot reconcile. This term is intentionally vague, and, with sufficient evidence, many differences could be considered an 'incompatibility" under the law.

When a person is filing for divorce due to incompatibility, he or she should be able to present logical reasons as to why the incompatibility exists as well as proof of attempts at reconciliation. Common grounds for incompatibility are fundamental differences about the raising of children or domestic responsibilities and religious differences. Solid proof of attempts at reconciliation could be something like marital counseling.

A divorce is granted at the judge's discretion, and the judge may prevent a divorce that does not show solid proof of incompatibility and attempts to reconcile. A divorce lawyer could help someone seeking a divorce with preparing and presenting a case.

Source: leg.state.nv.us, "Dissolution of Marriage", September 22, 2014

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