Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Nevada commonly accord divorces because forcing a couple to stay married would go against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only suitable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Nevada, permit the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Nevada, the no-fault grounds for divorce are incompatibility or a one year voluntary separation.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  Nevada has no waiting period, and the divorce is made final immediately after the decree has been entered.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Nevada, the fault justification for a divorce is insanity for two years prior to filing for divorce. The court may require the testimony of a witness to corroborate this justification.

Unless the grounds for divorce accrued in the Nevada county where the divorce action was brought, one party must have been a resident of Nevada for at least 6 weeks before he or she may file for divorce. The complaint for divorce is the initial document filed with the Nevada court to start divorce proceedings. The filing spouse must request the court to terminate the marriage under certain specified grounds. The grounds for divorce must be substantiated with evidence or testimony, or a Nevada court is free to dismiss the action. For a summary of divorce laws in Nevada, go to divorcesource.com.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a multiplicity of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including the state of Nevada, can be found at abanet.org.

*An example of a Nevada Divorce Settlement Agreement can be seen on Free Legal Aid.