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What are the legal causes of divorce in Nevada?

Under Chapter 125, Dissolution of Marriage, Nevada law offers three causes for divorce by which Nevada spouses will be granted the dissolution of their marriages. Whenever a spouse seeking divorce comes to a Las Vegas family law attorney, the attorney will ask a series of questions to determine which of these causes of actions the particular divorce will fall under. This article will discuss those causes of action exactly as the law describes them.

The first, and most common reason for divorce, is incompatibility. This is the catch-all category that literally can apply to nearly any situation. If two individuals — or if only one side of the marriage — comes to the realization that he or she is no longer compatible with the other spouse, then the individual is well within his or her rights to file for divorce. That divorce will eventually be granted, even if the other spouse doesn’t agree that the pair is incompatible.

The second cause of divorce has to do with the two spouses living separately from each other. If both spouses have not lived with one another for at least one year, and there has not been any kind of cohabitation, then the court may grant a divorce after either spouse petitions for one. Ultimately, this decision will be at the court’s discretion.

The third cause of divorce relates to insanity. If one or the other spouses can provide corroborative evidence that the other spouse is deemed to be in a state of insanity, then divorce may be granted. The insanity must, however, exist for at least two years before the commencement of the divorce action. The granting of the divorce will not absolve the successful spouse from obligations relating to the financial support and/or maintenance of the other spouse. Furthermore, the court could ask the mentally sound spouse to provide bond in a dollar amount to be determined by the court.

Nevada spouses seeking divorce on any of the above grounds may wish to employ the services of an experienced divorce lawyer. A lawyer will be able to review the facts and circumstances of the case to determine the most appropriate cause of divorce to identify in the divorce filing.

Source: leg.state.nv.us, “Chapter 125 Dissolution of Marriage,” accessed Sep. 07, 2016

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