Grounds for Divorce
Nevada, like all states, has no-fault divorce which is most commonly selected in divorce filings. “No-fault” means that neither spouse is being legally blamed for the divorce; instead, “irreconcilable differences” are cited as the cause of the divorce.
Though not as commonly cited as no-fault divorce, fault-based divorce can be based upon adultery, impotency, mental cruelty, physical cruelty, desertion, attempted murder, habitual drunkenness, use of addictive drugs and insanity.
Parents of minor children should appoint a guardian and contingent guardians, in a stand-by guardianship document and in their will. A guardian takes physical care of minor children when their parent cannot. Legal guardians are authorized to make legal, medical, welfare and lifestyle decisions for the child when a parent cannot due to incapacity or death.
A stand-by guardianship document is effective during incapacity in the parents’ lifetime; whereas, a will is effective after the parents’ death.
Best Interests of the Child
Only those facts that directly affect the well being of the child are considered by the court in deciding custody and visitation.
Minor emancipation is often called a “divorce from parents” because a minor seeks to break the legal parent/child bond while the child is 17 years of age or younger. If granted, the minor can make his or her own legal, medical, lifestyle, and welfare decisions.