LEGAL EXPERTISE FOR THOSE NEEDING A DIVORCE FROM AN INCAPACITATED SPOUSE
Lawyers Serving Clark County and the Areas of Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, and Laughlin
A spouse’s lack of mental health can be an important factor in a divorce proceeding. Incapacity can be caused by substance abuse, by mental diseases such as bipolar disorder, post-traumatic stress disorder, or cases of depression, or an accident or traumatic event.
Nevada courts take this issue seriously when a spouse is seeking a divorce and diligently evaluates how the spouse’s incapacity has affected the marriage. The court also will consider how the spouse’s incapacity would affect the family dynamic if their marriage is not dissolved.
Las Vegas Incapacitated Spouse Divorce Attorney
Divorce laws in Nevada can be complex. Seeking a divorce without proper legal representation can be costly. With important matters at stake, such as child custody, parental rights, and marital assets, it is important to have an aggressive family law lawyer fighting on your behalf.
With over three decades of combined experience, the attorneys at Mills & Anderson have extensive experience in all aspects of divorce, including uncontested divorce, contested divorce, military divorce, and divorce involving an incapacitated spouse in Las Vegas, Henderson, Boulder City, and other areas within Clark County, Nevada.
Contact the Las Vegas divorce attorneys of Mills & Anderson at (702) 386-0030 or submit an online form to schedule your in-person consultation to discuss your case with a knowledgeable Las Vegas family law divorce attorney. All consultations are confidential.
Nevada Information Center
- Can I Obtain a Divorce if My Spouse is Incapacitated?
- How Does Incapacity Affect Child Custody?
- Does an Incapacitated Spouse Have to Terminate Parental Rights?
- Are There Alternative Options to Dissolving a Marriage Because of Incapacitation?
- Where Can I find More Information on Incapacitated Spouse?
In Nevada, it is not necessary to prove fault of a spouse when petitioning for a divorce. Under Nevada Revised Statute 125.010, the permissible grounds for divorce in Nevada are:
- Separation for at Least One (1) Year, or
- Insanity for a Period of Two (2) Years
To corroborate a claim of regarding a spouse’s insanity, evidence must be submitted through a medical practitioner for evaluation. Common examples of Insanity include:
- Alcohol or Drug Addiction,
- Mental Diseases (bipolar disorder, post-traumatic stress disorder, depression, etc.)
When determining issues directly affecting a child, such as custody, the court aims to do what is in the best interest of the child.
Judges in Nevada courts consider multiple factors when evaluating the child’s best interest. A major factor is the parent’s physical and mental health. As such, a spouse’s incapacity, whether caused by mental disease or substance abuse, plays a significant role in the court deciding which parent should be awarded custody of the child.
If a parent’s mental health has deteriorated to such a degree that the court believes the parent should not be left alone with the child, the court will order supervised visitations. When that occurs, the incapacitated parent would not be allowed to spend time with the child without an approved third-party, such as an adult family member or a person designated by the court.
The child’s safety and well-being is very important to the court, so any scenario or circumstance that could potentially endanger the child will be prevented.
In some instances, the court may declare a parent unable or unfit to meet their parental obligations to their child. In extreme cases such as this, the court could terminate the parent’s parental rights.
Nevada Revised Statute 128.018 defines an “unfit parent” as, any parent of a child who, by reason of the parent’s fault, habit, or conduct toward the child, or other persons, fails to provide such child with proper care, guidance and support.
Some mental health circumstances that could make the court view a parent as “unfit” are:
- Long-term mental illness,
- Long-term alcohol-induced incapacity, and
- Long-term drug-induced incapacity
In certain cases, a spouse can seek a court order declaring their marriage annulled, meaning their marriage never took place. One way this can be accomplished is by proving a spouse lacked the requisite mental capacity to enter into a marriage agreement.
Marriages are viewed by the court as a contractual agreement between both parties. A required element of a contract is mental capacity at the time the contract was formed. If a spouse lacked mental capacity at the time they were married, an annulment may be an option because the spouse was incapacitated and incapable of consenting to the marriage.
Annulment because of incapacity is only an option if one spouse lacked capacity at the time of the marriage. If the spouse became incapacitated after the divorce, the parties must obtain a divorce.
The laws governing dissolution of marriage in Nevada can be extremely complex, it is important to seek legal advice from a well-informed family law divorce lawyer servicing the Clark County, Nevada area. Call us today to discuss your situation.
- Nevada Division of Public and Behavioral Health – Visit this website to obtain more information concerning the programs and resources provided by the State of Nevada for victims suffering from alcoholism, substance abuse, and various mental health issues.
- Nevada Gaming Control Board Gaming Commission – Visit this website to receive more information about gambling addiction, treatment programs, and how it can negatively affect the family dynamic.
The laws governing divorces in Nevada can be confusing and stressful to handle without adequate legal representation. With important matters being negotiated, such as child support, parental rights, and marital assets, it is imperative to have an aggressive family law attorney fighting on your behalf.
The attorneys at Mills & Anderson have extensive experience handling contested and uncontested divorces involving an incapacitated spouse in Las Vegas, Henderson, Boulder City, and other areas within Clark County, Nevada.
Contact us at (702) 386-0030 to schedule your in-person consultation to discuss your case with a knowledgeable Las Vegas family law divorce attorney. All consultations are confidential and have no up-front cost.