"No-Fault" Divorce vs. "Fault" Divorce

Each state's divorce laws will vary in terms of "No-Fault" or "Fault" divorce.  Nevada is a no-fault" divorce state. No-fault means that one spouse may file a divorce even if neither of the parties has committed a wrongdoing. In a fault divorce state, the divorcing couple must must provide valid reasons why the judge should grant a divorce. Most states have abandoned the fault divorce standards.  

The main advantage of a no-fault divorce is that you will not need to prove any fault, such as infidelity, to obtain a divorce. Even though Nevada is a no-fault state the divorce court will still require for the parties to list one or more of the following reasons for filing divorce; 1) Incompatible 2) Separated for over one year 3) Insanity for over two years.

Military Divorce Laws

Military divorce cases can create unique issues compared to a civilian divorce.  Most of these were written to protect active military members being not knowing or being unable to respond in a divorce proceeding. The majority of these laws is included in the Soldiers and Sailors Civil Relief Act.

Major Points of the Soldiers and Sailors Civil Relief Act

• A divorce proceeding may be postponed for active duty member is serving duty in active battle.
• An active duty member serving in battle can waive the postponement.
• Residency requirements require that you or your spouse must reside or be stationed in Nevada.
• Division of a military member's pension will be governed by the Uniformed Services Former Spouses’ Protection Act.

When Child Custody Orders Are Not Followed

Either spouse violating a Divorce Decree and the Child Custody terms within is a serious violation. Parties seeking to enforce a Child Custody order have civil and sometimes criminal remedies.

Civil Remedies

Contempt of Court - The court may hold the violating party in contempt of court.  Contempt of court usually involves a fine and attorney fees.

Injunctions - The court may require the other party to perform or refrain from certain acts. The court may require the party to return the child or prevent the parent from leaving the state with the child.

Custody Modification - The court may order a modification to the order for violations to the order.  Typical changes would be to change from joining custody to primary custody.

Criminal Remedies

Misdemeanor or Felony Charges - Some violations of the child custody order maybe escalate to kidnapping, false imprisonment or violation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A local district attorney  may proceed with appropriate criminal charges.

Contempt of court - This is similar to civil contempt of court except the parties is a repeat offender and may be sentenced to a small amount of jail time.