What is a No-Fault Divorce?
I had a client recently who wanted a divorce but was afraid to get and file for a divorce because she did not want the fact that her husband was having an affair to be a topic of conversation in the courtroom in front of everybody. So I explained to her that Nevada has what is called a no-fault divorce. In fact, all states are now moving towards some version of a no-fault divorce.
Essentially, a no-fault divorce means that the divorce that is being filed does not need a reason of wrongdoing for the divorce to be granted. Therefore the spouse who is filing for divorce does not have to show that the other spouse did anything wrong in order to have a divorce granted.
There are typically three reasons why you would file a no-fault divorce:
- The first one is called “irreconcilable differences.” What this basically means is that both people can no longer get along and there is no chance that this marriage can be saved.
- The second reason could be for “incompatibility.” This is basically the same as the first stating that you no longer are compatible with your spouse and therefore you don’t see yourselves living happily ever after, so therefore, you want a divorce.
- The third reason could be a lengthy separation. Some states who do honor no-fault divorces require a number of months of separation before they can file a no-fault divorce. In Nevada, that is not the case, but that is another reason that you can put to get a divorce with a non-fault divorce.
So remember there’s no need for you to have to air your dirty laundry during your divorce. You can state that you want a divorce because of any of those three reasons and there is no need for you to discuss your personal reasons for the divorce.
If you are considering divorce, talk to an experienced Family Law attorney to help discuss the best scenario for you. Contact our office to set up a consultation at (702) 998-1188, firstname.lastname@example.org, or by scheduling a phone or in-person meeting via our online scheduler.