Nevada: A No-Fault Divorce State
Around 1930, Nevada became one of the first states to allow No-Fault divorces, where essentially couples did not need to prove any wrongdoing in order to be granted a divorce. Since then, nearly every state in the US now has some version of a No-Fault divorce.
When filing for a No-Fault divorce, couples simply need to file based on one of the following grounds:
- Irreconcilable differences
This essentially means that the couple can no longer get along and for this reason there is no chance that the marriage can be saved.
Similarly to irreconcilable differences, incompatibility means that the couple is no longer compatible with each other and cannot see themselves living happily, and therefore want a divorce.
- Lengthy Separation
Some states that honor No-Fault divorces require a number of months of separation before a couple can file for a No-Fault divorce. In Nevada, that is not the case, but lengthy separation is grounds that you can file under to get a No-Fault divorce in Nevada.
Pros/Cons of No-Fault Divorces
Besides having less hoops to jump through when filing for divorce, No-Fault divorces come with perceived pros and cons depending on who is filing and the circumstances surrounding the divorce.
For example, to the benefit of those seeking a divorce, the availability of a No-Fault divorce means that anyone can legally divorce their spouse at any time. You do not need your spouse to agree to the divorce, nor do you need to convince a judge. No one can legally keep you married to someone you do not want to be married to. Even if your spouse refuses to respond to service of a divorce complaint, the courts will still grant a divorce through default.
The emergence of No-Fault divorces also played a role in how various issues in divorces are handled today versus how they’ve been handled historically. Because proving marital misconduct or “fault” is not necessary in a No-Fault divorce, issues such as infidelity or dishonesty are rarely discussed in No-Fault divorce proceedings. Whereas in the past a spouse who had been cheated on may receive more in alimony for example, this is no longer the case. Division of property, child support, child custody, and alimony are generally awarded based on other factors, independent of these claims.