All About Legal Separation in Nevada
Legal separation is a process in which a married couple divides finances, household and other responsibilities, yet remains married in the eyes of the state. While a legal separation resembles divorce, this process is actually quite different; because a legal separation does not end your marriage, you cannot marry someone new until after you have obtained a divorce. Legal separation in Nevada is governed by NRS 125.180, which provides that:
- The court may grant a petition for separate maintenance after the entry of a decree of separate maintenance or at any time after one (1) year from the entry of a decree of absolute divorce.
- The decree of separate maintenance, the order and findings of the court based thereon or the order approving an agreement and decree of separate maintenance may include all or part of the relief which may be granted in an action for divorce or annulment.
- This section does not affect the right of a person to apply for or obtain a divorce from bed and board or separate maintenance.
If you want to separate from your spouse in Nevada , you will need to file separate petitions, go through the typical process of discovery and negotiation, and then go through the court hearing process to seek approval from the court on your separation agreements. Essentially, this process is remarkably similar to the divorce process. However, as mentioned, in the eyes of the state, you are still married, so you cannot remarry until you first obtain a divorce.
The reason this process can be beneficial is because, in a legal separation, you can take care of many of the issues you would in a divorce while maintaining the classification of being married, which can carry benefits regarding taxes and certain forms of insurance, as well as help you avoid the stigma of being divorced, which is a consideration for some people.
It is important to note that once you establish a legal separation in Nevada, either spouse can ask the court to restore the status of parties of legally "married," or convert the legal separation to an actual divorce.
Divorce in Nevada: Everything You Need to Know
Divorce in Nevada is the process of judicial termination of a valid marriage. Nevada law requires judicial dissolution of every marriage, with only a few narrow exceptions. A divorce can be contested or uncontested. If any issues outside the terms of the divorce itself are contested, then the divorce is contested. Otherwise, the case is an uncontested divorce.
To qualify for a divorce in Nevada, a party has to have lived in the state for at least 6 weeks immediately before the commencement of the proceedings. The residency requirement can only be satisfied if a party is either physically present in the state or shows intent to remain indefinitely. If a person has moved out of the state of Nevada after having fulfilled the residency requirement in the past, this person can still file for divorce in Nevada, if the prior residency continued for 6 weeks within the past 6 months leading up to the filing of the divorce action. If a person has never resided in Nevada but their spouse did, then the divorce can be filed in Nevada as long as the proceeding is begun within 1 year after separation and the divorce is not contested, or if contested, the other party has lived in Nevada for at least 6 weeks immediately preceding the commencement of the proceeding. Furthermore, if the case is not contested, then the holding of a hearing may not be necessary. If the proceedings are contested, the court will have to hold a hearing prior to granting the action.
Legal Separation vs Divorce: Core Distinctions
Legal separation and divorce are both legal actions that address the dissolution of marriage, but there are some key differences in their processes and outcomes. In Nevada, when a couple decides to separate, they can either do so informally or file for legal separation. When they file for legal separation, they will go through a court process similar to divorce. It’s essential to understand these distinctions and to know that legal separation doesn’t prevent either spouse from later filing for divorce if they so choose.
Legal separation does not end a marriage – a legal separation agreement is vital during this process to protect both spouses. Unlike divorce, while legally separated, spouses are still considered married in the eyes of the law. Therefore, they remain entitled to spousal rights, such as health insurance coverage and tax benefits, until a formal divorce occurs.
Financially, legal separation differs significantly from divorce. During the process, spouses will create and sign a separation agreement, which outlines the division of marital property, financial support, and child custody arrangements. The court reviews this agreement and issues an order to approve it, but until the separation is finalized, the terms are enforceable. However, unlike divorce, the court doesn’t formally distribute property until after a divorce is filed.
The dissolution of custody between parents is addressed similarly in both legal separation and divorce. Nevada law encourages parents to develop a parenting plan that outlines custody arrangements, child support, and the division of parental responsibilities. The court must review this plan and, if necessary, issue an order for custody and visitation.
Legal Separation vs Divorce: Pros and Cons
There are advantages and disadvantages to both separation and divorce. A few of the most prominent are discussed below.
Advantages of Legal Separation
Legal separation brings many of the same advantages as divorce. It allows you to create a defined schedule for custody, visitation, and child support for children and spousal support/alimony for adults. It also divides property and debt (although, once again, there are different rules in different jurisdictions). While property and financial issues can still be negotiated informally in a legal separation, if a divorce is imminent, then the deadlines that were set apply.
Disadvantages of Legal Separation
The biggest disadvantage is that a legal separation has to be converted into a divorce. While conversion is often easy, spouses have to pay court fees. Meanwhile, if the parties take a long time to reach an agreement, they can delay their eventual divorce.
Advantages of Divorce
Divorce offers predictability, security, finality, and control of property division. For many people, it also provides an opportunity for emancipation. A divorce provides clear guidance for the rest of your and your ex-partner’s lives and is accepted by law-enforcement and financial institutions. Finally, while divorce or dissolution can stir up a complex web of emotions, it at least offers hope that the end is in sight.
Disadvantages of Divorce
The most significant disadvantage is the bill. A divorce is always more expensive than a separation.
How It Affects Financials and Child Custody
When it comes to the financial implications of either legal separation or divorce in Nevada, the effects are quite different. As outlined in NRS 125.150, property rights are determined from the point of marriage to the date of divorce. Because this generally includes premarital assets, the longer the marriage occurred before filing for divorce, the more impact they will have on dividing property and assets. Because a legal separation formally takes place prior to divorce, the same laws apply. There is no stipulation for asset division before one spouse flies for separation and a subsequent divorce.
The same law applies to alimony , though. A judge will look at several factors prior to awarding alimony. The main factors include:
Perhaps the most significant impact of either legal separation or divorce in Nevada is regarding child custody. While the court may alter the terms of custody during the period between legal separation and divorce, the laws governing custody and visitation remain the same whether or not the spouses are separated or legally divorced. Parents who are granted joint legal custody have equal rights to make decisions regarding a child’s medical care, education, religion, and other parental responsibilities, regardless of whether or not they are legally separated.
Divorce and legal separation are not types of annulments. Therefore, if a couple reunites after a legal separation but before they obtain a final decree of divorce, both parents will continue to share physical and legal custody of their child.
The Decision Process: Considerations and Factors
When contemplating the difference between a divorce and legal separation, Nevada couples still have questions. Among those is what factors to consider when making the decision with their spouse. For some couples, financial concerns are a major consideration. The division of community property and debt during a divorce often causes individuals to struggle financially and the process itself can be extremely expensive. Going through a legal separation issues can at least offer couples some possible relief.
Los Angeles/Burbank Family Law Lawyer discusses some additional factors that may encourage a couple to obtain a legal separation instead of a divorce.
Personal Beliefs
Some cultures and religions frown upon divorce. For this reason, a divorce might – for some couples – cause them to feel ostracized from their family members and/or community. Sometimes, especially when children are involved, the desire to remain connected to family and friends is more important than terminating the marriage. In these situations, a legal separation might offer the flexibility to live apart without fully breaking off the marital union.
Future Reconciliation Possibilities
If there is a chance that a couple may reconcile someday in the future, a legal separation might be the better option. By remaining legally married, the couple can often reduce the adverse impact a divorce will have on their future. An example would be the couple’s relationship with their school-aged children. It is likely that the children will want both parents to remain in their lives. A divorce might cause a wedge to form while a legal separation allows the couple to maintain a healthy and loving bonds with their kids. Other factors to consider include:
Potentially below-average performance at work
Unusual or increased behavior issues with the children
Damaging evidence uncovered
A feeling of loneliness, hopelessness, alienation or disenchantment
Excessive arguments over money, family or spare time available
Experiencing physical and emotional abuse
Taking on multiple debt obligations and not being able to meet them
Not seeing eye-to-eye with your partner about key issues.
Divorce and legal separation are both difficult options to face within a marriage. For some couples, it might be best to simply obtain a divorce and end the frustrations once and for all. For others, it might make sense to legally separate for a time to see if things might change with the amount of space that is provided. Your legal separation should never be used as a tool to punish or manipulate your spouse but rather, to fulfill your own needs peacefully. If your spouse refuses, it may be time to move forward with the divorce.
Legal Help and Resources in Nevada
Whether you are contemplating legal separation or divorce, seeking experienced legal counsel is crucial to ensure you navigate the process effectively and protect your interests. In Nevada, several legal resources can help you find the right attorney for your needs.
The Nevada State Bar provides a Lawyer Referral and Information Service, which helps individuals find qualified attorneys in various practice areas throughout the state, including family law. The service asks you about your legal issue and then matches you with an attorney with the relevant experience. This is a useful tool to ensure you find the right representation for your legal needs.
In addition to the Nevada State Bar service, there are multiple local or specialized lawyer referral services in Nevada . These services may help you with your specific legal needs, including divorce, child custody, property division, spousal support, and more. You also can check with local legal aid societies if you cannot afford a private attorney. They often have an extensive network of attorneys who can represent you pro bono or at reduced rates.
While you may think that you can manage your divorce or legal separation without assistance — especially if it is relatively straightforward — many issues can arise that make it wise to consult an attorney. Having a legal representative in your corner can protect you from common pitfalls, help you understand your rights, and guide you through the complex legal process.