Adultery and Divorce Overview

Has Your Spouse Cheated?

Contested divorce article

What to do Now?

Are you considering divorce? While many people believe that adultery is grounds for divorce in Nevada, that is not the case. 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, the fact that your spouse has cheated may help you with other facets of your case.

Can Evidence of Adultery Help My Divorce Case?

Often, yes. This is 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.

Divorce overview

So What Are the Grounds for Divorce in Nevada?

The Nevada Revised Statutes cover “Causes for Divorce” in Chapter 125. NRS 125.010 lists the following causes whereupon a divorce may be obtained:

  • Insanity existing for 2 years prior to the commencement of the action.
  • 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.

How do I schedule a free consultation?

Call our office at 702-476-9629 to schedule your FREE consultation.

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