Understanding the legally recognized divorce causes in Nevada is essential for anyone considering ending a marriage in the state. Nevada is well known for its streamlined divorce process, but the courts still require each spouse to present at least one statutory reason for dissolution before an absolute decree of divorce can be granted. These causes, which are often described as grounds for divorce, provide the legal foundation that allows the court to issue support orders, decide asset division, determine child custody, and resolve other matters that arise during a divorce proceeding.
Nevada’s Legal Framework for Divorce
Nevada law governing marriage dissolution is contained in Chapter 125 of the Nevada Revised Statutes. Although many people associate the state with fast divorces, the legal process follows a structured approach that still requires a spouse to identify a valid cause before the court will grant a divorce. Nevada recognizes both no-fault causes and fault-based causes. Most divorces proceed on no-fault grounds, but fault-based causes remain important in cases involving abusive behavior, abandonment, or long-term incapacity.
Nevada is a community property state. This means that all assets and debts acquired during the marriage are presumed to belong equally to both spouses. The cause selected when filing for divorce does not usually affect property division. However, certain fault-based circumstances can influence related financial decisions or the court’s overall evaluation of the case.
No-Fault Nevada Divorce Causes
Nevada recognizes three primary no-fault causes for divorce. Most spouses choose one of these because they are straightforward, require minimal evidence, and avoid unnecessary conflict. No-fault causes allow the court to focus directly on practical issues such as child support and asset division.
Incompatibility
Incompatibility is the most frequently used Nevada divorce cause. It means that the spouses can no longer maintain a functional marital relationship and that differences between them cannot be resolved. The court does not require the divorcing spouse to explain private disagreements or identify specific problems. A sworn statement attesting that incompatibility exists is usually sufficient for the court to grant the divorce.
Incompatibility allows spouses to avoid the adversarial nature of fault-based grounds and is the simplest basis for obtaining an absolute decree of divorce in Nevada.
Living Separate and Apart for One Year Without Cohabitation
Another no-fault cause for divorce exists when the spouses have lived separate and apart for one year without cohabitation. This requires the spouses to have resided in separate homes for at least twelve consecutive months and to have refrained from resuming marital relations during that period.
Courts typically accept objective evidence of separate living arrangements. Utility bills, leases, or affidavits may confirm the period of separation. This cause is helpful for couples who have separated long ago and prefer to rely on a clear, evidence-based timeline.
Insanity Existing for Two Years Before Filing
The third no-fault cause is insanity that has existed for at least two years before filing for divorce. This cause requires medical evidence demonstrating that the spouse suffers from a mental condition that prevents the continuation of the marital relationship. The filing spouse must also show that proper care has been arranged for the spouse affected by the condition.
Nevada law may require the filing party to post a bond in an amount that protects the incapacitated spouse from financial harm. This cause is less common due to its evidentiary requirements, but remains important for spouses facing long-term medical situations.
Fault-Based Nevada Divorce Causes
While most divorces in Nevada proceed on no-fault grounds, the statutes preserve a list of fault-based causes. These causes are appropriate when marital misconduct or incapacity is substantial enough to justify a divorce. Although fault does not usually change asset division in a community property state, some fault-based findings may influence spousal support or affect the court’s assessment of child custody.
Impotence Existing at the Time of Marriage and Continuing to the Time of Divorce
One recognized fault-based cause is impotence that existed at the time of the marriage and continues at the time of filing for divorce. This cause requires medical documentation or expert testimony to confirm the condition. It must be shown that the impotence existed before the marriage and that it persists. Temporary conditions do not satisfy this requirement. This is an uncommon cause today but remains available for spouses who need it.
Adultery
Adultery is a traditional fault-based cause for divorce in Nevada. A spouse who alleges adultery must provide corroborative evidence showing that the other spouse engaged in sexual relations outside the marriage. This may include witness testimony, written communication, or circumstantial evidence that demonstrates opportunity and intent.
Adultery itself does not automatically change the distribution of community property, although circumstances surrounding the adultery may influence spousal support or the court’s evaluation of the overall proceedings.
Desertion or Abandonment
Nevada recognizes desertion as a valid cause for divorce when one spouse has intentionally abandoned the marriage and lived separate from the other without justification. The filing spouse must demonstrate that the separation was not mutual and that the other spouse intended to end the marital relationship.
Desertion claims often involve evidence showing unwillingness to return, refusal to provide financial support, or complete withdrawal from marital duties. Although less common in modern divorce practice, this cause is still relevant in long-term abandonment cases.
Conviction of a Felony or Infamous Crime
A felony conviction or conviction of an infamous crime may serve as a cause for divorce in Nevada. Courts may examine the severity of the offense, the sentence imposed, and the resulting effect on the marital relationship. Long-term incarceration is often incompatible with the obligations of marriage, which may justify the divorce.
Habitual Drunkenness or Substance Abuse
Habitual drunkenness or chronic substance abuse may constitute a fault-based cause when the behavior makes married life unsafe or impossible. The filing spouse must show a sustained pattern of alcohol or drug abuse. Courts may consider medical records, treatment history, criminal incidents, or other documentation that demonstrates the extent of the problem.
This cause is particularly important in cases where the substance abuse affects the safety and well-being of children, which can also influence custody evaluations.
Extreme Cruelty
Extreme cruelty represents one of the most serious fault-based causes. It includes physical abuse, emotional harm, threatening behavior, and any conduct that makes cohabitation unsafe or intolerable. Courts require corroborative evidence, which may include medical reports, photographs, police documentation, or witness testimony.
Evidence of cruelty may significantly affect child custody decisions. Nevada courts prioritize the best interests of the child, and a history of violence or threats can result in supervised visitation or other protective measures.
Evidence, Corroboration, and Court Requirements
Nevada law requires corroboration for certain fault-based causes. This ensures that allegations of wrongdoing are supported by reliable evidence. Courts may accept a variety of documentation, such as:
- Testimony from witnesses
- Medical records and treatment notes
- Police or incident reports
- Financial documents
- Emails, texts, or written admissions
- Expert evaluations
If a spouse cannot produce corroborative evidence for a fault-based claim, the court may require the party to proceed under a no-fault cause instead. This protects both spouses from unsupported accusations and helps the court maintain fairness throughout the divorce proceeding.
Impact of Divorce Causes on Property, Custody, and Support
Although divorce causes determine how a case begins, they also shape how the court approaches major issues related to child custody, child support, spousal support, and division of community property.
Community Property Division
Because Nevada is a community property state, divorce causes do not usually alter the equal division of marital assets and debts. The court may assign assets unequally only in limited circumstances. Such circumstances may include financial misconduct, concealment of assets, or actions that cause significant economic harm to the community.
Fault alone, including adultery or desertion, does not result in unequal property division unless it is tied directly to financial damage.
Child Custody and Child Support
Child custody decisions are based entirely on the best interests of the child. While the divorce cause itself does not create a preference, the underlying facts may influence the court’s analysis. Evidence of cruelty, substance abuse, or criminal conduct may weigh heavily against a parent’s request for primary custody.
Child support obligations are determined using the Nevada Child Support Guidelines. The cause of divorce does not generally affect the formula used to calculate support, unless the misconduct directly threatens the child’s welfare.
Spousal Support
Spousal support, or alimony, is one area where fault-based behavior may occasionally have an impact. Courts may consider long-term abandonment, financial misconduct, or cruelty when determining the appropriate amount of support. Adultery may influence the court’s evaluation if it affects the financial stability of the marital community. However, Nevada courts primarily determine alimony based on need, ability to pay, and the length of the marriage.
Procedural Considerations When Filing for Divorce
A spouse who wishes to file for divorce in Nevada must meet several procedural requirements. These include residency, proper documentation, and service of legal papers.
A spouse must have lived in Nevada for at least six weeks before filing, and they must file a verified complaint for divorce that states the chosen cause. The complaint must then be served on the other spouse unless both spouses file jointly.
The spouses must disclose all financial information, including income, assets, debts, and monthly expenses. When minor children are involved, the court may require mediation or parenting classes before a final order is issued.
Why Most Spouses Choose No-Fault Causes
Most Nevada divorces are based on incompatibility or living separately for one year. No-fault causes simplify the legal process, reduce emotional conflict, and allow the court to focus on practical issues rather than moral judgment. These causes require minimal evidence, which reduces the time and expense associated with contested proceedings.
Fault-based causes remain appropriate for situations involving violence, addiction, abandonment, or severe misconduct. They are also useful when the filing spouse needs to document wrongdoing that may affect child custody or financial decisions.
Nevada divorce causes provide the legal foundation that allows courts to grant a divorce and resolve related matters such as custody, support, and property division. Nevada recognizes both no-fault causes and fault-based causes, and each plays a different role depending on the facts of the marriage. Selecting the appropriate cause is an important step that shapes the course of the divorce proceeding.
Although the cause chosen does not usually affect property division in a community property state, it can influence the court’s understanding of the relationship and the circumstances surrounding the separation. Anyone considering divorce in Nevada may benefit from obtaining legal advice to better understand how the chosen cause interacts with Nevada statutes and how it may influence the overall outcome of the case.