Although Nevada allows for couples to obtain relatively quick resolutions to divorce proceedings, some people still separate then choose to take their time before actually seeking a divorce decree. This sometimes happens because they are not ready, because they are unable to reach an amicable resolution to their property division, alimony, and child custody issues, or because they want to ensure these issues are handled meticulously.
During this separation, some people want to move forward and explore new relationships. However, we get questions from clients and potential clients for advice about this. Can you date while separated in Nevada? And will this impact your divorce?
Nevada is a No-Fault Divorce State
The answer is yes; people in Nevada can date while separated from their spouses. Nevada provides “no-fault” divorces, meaning that courts cannot consider marital misconduct and adultery when it comes to granting divorce decrees, dividing community property, and awarding alimony. In other words, the reasons for the end of a marriage are not relevant to courts—thus removing a significant source of conflict from the overall proceedings.
While courts cannot consider adultery or dating while married, spouses need to be mindful of how they are spending money on their new relationship. Courts generally make an even split of all income and property acquired during marriage under the laws of community property. However, there is an exception to this equal division. Specifically, courts “may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so”.
The Nevada Courts of Appeals and the Nevada Supreme Court have held that marital waste—such as depleting or wasting community property—constitutes a compelling reason to make an unequal division of property. So if marital property is being improperly used to fund a new relationship, like paying for an apartment for a new dating partner, lavish vacations and gifts, or transfers of property, then this can justify a court dividing community property in a manner that repays the other spouse for their share of the property that was taken.
Contact Family Law Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
If you are considering whether to end your marriage, or have been served with divorce pleadings, contact us. The attorneys at Viloria, Oliphant, Oster & Aman, L.L.P. provide top quality family law representation to men and women who need to navigate the issues of divorce, property division, alimony, child custody, and child support. Our attorneys are experienced, smart, and proven professionals. If you need a family law attorney, contact us today. Call Viloria, Oliphant, Oster & Aman L.L.P. at (775) 204-0388 to schedule a consultation or contact our office through our website.