Adultery in Divorce

Adultery is a leading cause of divorce, however, adultery is not grounds for divorce in Nevada. Nevada is a “no fault” divorce state and this includes adultery. No-fault divorce is where the divorce does not require any wrong-doing by either party.

However, evidence of adultery can often help in bringing the character, integrity, and financial waste of the adulterer into question in a divorce case. Often, this may not directly be from the adultery but may be related to the adultery before the divorce. For example, if the adultery occurs around a child before the divorce or commits marital waste of community property by spending money on the girlfriend/boyfriend.

What Are the Grounds for Divorce in Nevada? The Nevada Revised Statutes (NRS) covers “Causes for Divorce” in Chapter 125. In NRS 125.010 a list of the following causes whereupon a divorce may be obtained: Insanity existing for 2 years prior to the commencement of the action. 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 therefore in an amount to be fixed by the court. 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. Incompatibility.

Note: that adultery is not mentioned in the above divorce statute. Most divorces in Nevada cite “incompatibility” as the cause for divorce.