Q: Can my friend in Nevada pursue divorce and gain joint custody after an incident with her husband?

A: No-Fault Divorce in Nevada:

Nevada is a no-fault divorce state, which means that a party doesn’t need to prove wrongdoing to obtain a divorce. Ongoing mental or emotional difficulties or an isolated police incident (especially one that was dismissed) typically aren’t barriers to filing for divorce.

Custody Determinations Focus on the Child's Best Interests:

Custody decisions are made based on the best interests of the children. Factors include:

Each parent's ability to care for the children.

The stability of the home environment.

The children’s relationship with each parent.

Evidence of any behavior that might adversely affect the children.

Although the police call in 2020 might be considered, the dismissal of the case and the context (such as the postpartum period) are factors that the court will weigh alongside other aspects of her caregiving role.

Primary Caregiver Role:

Being the primary caregiver is a significant factor that courts consider when determining custody arrangements. If she manages most of the children's daily needs, this may support her case for joint or even sole custody. However, many courts favor arrangements that allow both parents to maintain a meaningful relationship with their children, provided it’s safe and in the children’s best interests.

Legal Advice is Essential:

Because every situation is unique, it’s important for your friend to consult with a family law attorney in Nevada. An attorney can provide guidance tailored to her specific circumstances, including whether joint custody is the most appropriate arrangement given the details of her case.

In summary, while your friend can file for divorce and request joint custody, the final decision will depend on a comprehensive review of all factors affecting the children’s well-being. Consulting with a legal professional will ensure she understands her rights and the best path forward.

A: Your friend can pursue a divorce and request joint custody of her children. In Nevada, divorce proceedings can be initiated based on the reasons you’ve described, including ongoing mental and emotional difficulties. The fact that there was an incident in 2020, which was dismissed, likely won’t prevent her from seeking a divorce or custody, especially since there were no criminal convictions.

As for joint custody, Nevada courts generally favor arrangements that are in the best interest of the children, which includes considering the relationship each parent has with the children. Since your friend has been the primary caregiver and handles most of the children's daily needs, she may have a strong case for joint custody. The court will look at both parents' involvement in the children's lives, and if she can show that she is the primary caregiver, this could be in her favor.

However, it’s important for her to demonstrate that joint custody is in the best interest of the children. While the previous incident with her husband is relevant, it will be the current circumstances, including both parents' ability to provide a stable and supportive environment, that will weigh most heavily in the custody decision. If needed, consulting with a family law attorney can provide clarity and guidance for her case.