For couples in Nevada who are struggling in their marriage but are not ready, or not willing, to pursue a divorce, legal separation in Nevada can offer a structured and legally binding alternative. It provides many of the same protections and obligations as divorce, without fully dissolving the marital relationship.
What Is Legal Separation?
Legal separation is a court-recognized arrangement in which a married couple lives apart and outlines the legal responsibilities of each spouse. This includes decisions about:
- Division of assets and debts
- Child custody and visitation
- Child and spousal support
- Health insurance and benefits
- Use of shared property
Unlike an informal separation, legal separation ensures that these issues are enforceable under Nevada law.
Why Choose Legal Separation in Nevada?
There are several reasons a couple might choose legal separation instead of divorce:
Religious or Personal Beliefs
Some individuals have cultural, moral, or religious reasons for remaining married but still need a clear legal arrangement to protect themselves and their children.
Financial or Insurance Considerations
Legal separation can allow one spouse to remain on the other’s health insurance policy or retain certain military or pension benefits that might be lost after a divorce.
Time and Space
For some couples, legal separation offers a way to take a step back and evaluate the future of their relationship without the finality of divorce.
Children and Co-Parenting
Legal separation provides clear, court-ordered guidelines around parenting time, support, and decision-making. This can create a more stable environment for children during a difficult transition.
How Does It Differ From Divorce?
The main difference is that legal separation does not end the marriage. Neither party can remarry while legally separated, and they are still considered spouses under the law. However, all major financial, custodial, and support arrangements are addressed, just as they would be in a divorce.
Filing for Legal Separation in Nevada
To pursue legal separation in Nevada, one spouse must file a “complaint for separate maintenance” with the appropriate family court. This document outlines the desired terms of the separation. Like divorce, legal separation may be contested or uncontested depending on whether both parties agree.
Legal separation can also be converted into a divorce at a later time if the couple decides to formally dissolve the marriage.
Speak With a Family Law Attorney
If you’re considering legal separation in Nevada, it’s important to speak with a family law attorney who understands the nuances of Nevada law. At DRS, we guide clients through the process with care, clarity, and professionalism, ensuring that your rights are protected and your goals are prioritized.
Whether you’re seeking more time to decide your future or need a legally binding plan to move forward, legal separation can offer the security and structure you need.