Las Vegas Incapacitated Spouse Divorce 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.
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 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 and 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 attorneys of Mills & Anderson at (725) 999-6468 or submit an online form to schedule your in-person consultation to discuss your case with a knowledgeable Las Vegas incapacitated spouse divorce lawyer. All consultations are confidential.
What is Considered Incapacity for Divorce Purposes?
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:
- Incompatibility,
- 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.)
Why Choose Mills & Anderson?
Personalized Service. Proven Results.
-
Comprehensive Legal SolutionsFrom family law and estate planning to business law, we provide trusted legal guidance for every stage of life.
-
Experienced, Collaborative TeamEvery case benefits from the combined knowledge of our attorneys, giving you thoughtful strategies and well-rounded legal support.
-
Personalized Attention
You'll work directly with your attorney and a dedicated paralegal, ensuring responsive communication and a legal strategy tailored to your needs.
-
Honest, Practical Guidance
We provide straightforward advice, explain your options clearly, and focus on solutions that protect your future—not just resolve today's issue.
-
Se Habla Español
Our Spanish-speaking attorney is here to provide clear, compassionate legal guidance, making quality representation accessible to more members of our community.
-
Accessible & ResponsiveWe make it easy to get the answers you need with prompt communication and nearly immediate access to our team during business hours.
Incapacity and Child Custody
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.
Get a clear plan for moving forward — even when the legal process feels overwhelming. Contact us today.
Mental Health and Termination of Parental Rights
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
Incapacity and Annulment
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 incapacitated divorce attorney servicing the Clark County, Nevada area. Call us today to discuss your situation.
Resources:
- 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.
Las Vegas Incapacitated Divorce Attorneys – Call (725) 999-6468 for a Confidential Consultation
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.
Contact us at (725) 999-6468 to schedule your in-person consultation to discuss your case with a knowledgeable incapacitated divorce lawyer. All consultations are confidential and have no up-front cost.
The Difference Is Personal
Hear From the Families We’ve Helped
-
“His integrity and morals are exemplarily. Mr. Anderson is extremely knowledgeable of the law. He is prepared and fights for his clients. Mr. Anderson has always kept me informed as to the progress of my case.”Jodi
-
“Dan is the consummate professional with a deep background in contractual law. His steady manner guided me through the process and he never wavered even during times when I was a bit emotional.”Charles
-
Meresa B.
Had a great experience when working with Byron Mills during both of our hearings and everything leading up to it. His staff was very attentive and quick to respond to any questions or concerns we had. Would highly recommend Mills and Anderson!
-
“They are very knowledgeable, answered any, and every question I had. Very professional, detail oriented, well prepared, and honest throughout the entire process.”Kasey
-
“If you want to get the job done right you need to check out their office. Thank you so much guys, I appreciate the help.”Marlen G.
-
“Going through a divorce is a very difficult process and they managed to make it a smooth transition for me. I felt so comfortable and their communication skills are excellent. Whenever I called or emailed I received a prompt response.”Marjaana M.
-
“He was well prepared to discuss our situation and had reviewed all the materials I had sent him in advance. He was also very accommodating as the issue was time sensitive.”Ryan L.
-
Mills and Anderson family law is excellent, including his staff, especially Mary O'Donnell. We have an adoption case with them and we got granted just over a month. Thank you very much for all of you!Maung S.
