Legal separation as an alternative to divorce
Through legal separation, Nevada couples can dissolve different parts of their marriage agreement without actually finalizing their divorce. Legal separation is an excellent way for married couples to take a long-term break from their marriage — especially in cases where either one or the other spouse is not quite certain about beginning divorce proceedings.
There are a lot of reasons for legal separation. For example, some parents would rather stay together legally while their children are still minors. Alternatively, legal separation could be the first step toward the divorce process, as legal separation is actually filed in Nevada just like a divorce is filed.
During legal separation, spouses will divide their marital assets, and agree to alimony, child custody and child support arrangements. Legal separation also gives the spouses protection from the irresponsible financial actions of the other spouse. For example, once the date of separation has officially been determined, any financial actions taken by either spouse will be to the responsibility and/or benefit of that spouse separately.
Still, legally separated couples technically continue to be married in Nevada, so they cannot remarry another person while they are merely separated. They must finalize the divorce process if they wish to marry again.
Couples who are considering legal separation may want to discuss the advantages and disadvantages of separation with a divorce attorney who can provide advice based on their unique situations. At the Kainen Law Group, we have divorce attorneys on staff who are available to provide such advice to Nevada residents who want to know whether legal separation is a suitable pathway for them to take.