Will the Nevada family courts punish your spouse for cheating?

On Behalf of | Jan 6, 2023 | Divorce |

When you first start a relationship with someone, you may have an unrealistically idealized image of them. You might expect that your spouse would never do anything to hurt you. Sadly, they may eventually disappoint you by doing something that utterly destroys your faith in them and the trust between the two of you.

Finding out that your spouse cheated on you, whether it was a one-time fling or an ongoing relationship, can feel like a slap in the face. After committing yourself to someone and trusting them so deeply, this kind of betrayal can leave a lasting psychological scar.

Can you expect the Nevada family courts to give you justice when you file for divorce because your spouse was unfaithful?

No-fault divorce is your only option

Pursuing a divorce based on grounds of adultery is no longer a realistic option for those divorcing in Nevada. The state treats all divorces as no-fault divorces. The benefit to that approach is that you don’t have to prove anything to end your marriage. However, it does prevent you from holding your spouse accountable for their marital misconduct in family court.

A judge typically will not punish your spouse by denying them parental rights or awarding you more of the marital estate just because they cheated. However, if you are able to show that they used shared resources, like marital income, to pay for hotel rooms and dinner dates while cheating, you could hold them accountable for the misuse of your community property.

Barring proof of financial misconduct involving community property or a prenuptial agreement imposing a specific penalty for unfaithfulness, unfortunately, your spouse’s affair will likely have very little, if any, impact on how the courts handle the big decisions in your upcoming divorce.

A life well-lived is the best revenge

Instead of digging in your heels and trying to find a way to punish your spouse in the courts, it may be healthier and smarter to instead focus on ending your broken marriage and moving on to a happier future.

When you have realistic expectations for the divorce process, you will spend less time and money fighting for terms and conditions that the court simply won’t grant you. Learning more about how Nevada approaches marital dissolution proceedings can help you lay the foundation for a better future after discovering your spouse’s infidelity.