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Does infidelity matter in Nevada divorces?

On Behalf of | Oct 9, 2019 | Divorce |

Cheating on a spouse is one of the most common explanations for a divorce. One recent study found that 20% of men and 13% of women admitted to cheating on their spouse at some point during the marriage. 

It is natural to want to divorce a spouse after discovering infidelity. Some people may even think they can get more alimony if they prove a spouse cheated on them. However, the truth of the matter is that affairs have a minimal impact on divorce proceedings, and they may not even matter at all. 

Nevada is a no-fault divorce state

Many states allow for no-fault divorces. This means the couple can cite “irreconcilable differences,” but the eyes of the court, it does not matter why the marriage ended. That means adultery may not be relevant to your divorce, and neither party can use it for personal gain. You can accuse your spouse of anything you want, but the judge does not serve as a moral authority, just a legal one. 

There are exceptions where infidelity matters

Nevada does allow for a few, rare exceptions where adultery impacts the outcome of a divorce. The first exception applies to marital assets. In the event that one spouse spent a lot of money or spoiled a third party with gifts and vacations, then the judge may require this person to compensate the other spouse. In this instance, it is not a punishment. It is merely redistributing marital assets unfairly spent without the other person’s knowledge. 

Adultery may impact child custody, but again, this is incredibly rare. A judge needs to consider the child’s well-being, so if one spouse maintains a relationship with someone who may endanger the child’s safety, then the judge may intervene. This does not happen all the time, and many couples find that adultery does not come into play at all. 

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