Making Sense of the Legal Separation Filing Process in Las Vegas
When a couple decides to pull the plug on their relationship, it’s not all that uncommon that there may be hurt feelings between the pair which may, in turn, cause there to be legal wrangling involving financial matters, rights to housing, and other issues. It’s during this time that couples can easily fall into the trap of assuming that no formalized agreement needs to be put in place to document this new chapter in their lives.
If you and your spouse have children, only one spouse works outside the home, or you share property or finances, these are just some of the many reasons you’ll want to seek to file for legal separation in your case. Also known as a separate maintenance, this type agreement is a legally binding document outlining a temporarily enforceable road map couples can follow until their divorce is done being negotiated.
In filing for a legal separation in Clark County, Nevada, couples with children will be required to fill out different paperwork from their childless peers and if they have certain communal debts. There also are specific forms that spouses will have to fill out if they’re looking to have their ex pay some type of support as well.
Speaking of support, a legal separation is filed in most cases of splits because the employed ex brings in the majority of the home’s income. In these cases, the filing of a separation maintenance agreement will lay out how much alimony, child or bill support that the more economically sound party will provide. It also helps facilitate the discussion of visitation and child custody.
After filling out the necessary forms, the complaint will be sent to your spouse. He or she then has 20 days to provide a response. Any failure to respond during this timeframe results in automatic legal separation. Provided your former partner responds, a hearing at a later date will be scheduled, a time during which the couple can hash out support, debt, assets and custody in front of the judge.
If you are considering separating from your spouse and you’re looking for guidance as to whether filing for legal separation is the best next step to take, speaking with a Las Vegas, Nevada, divorce attorney can help you move forward in your legal matter.
Source: legalbeagle.com, “Legal separation in Nevada,” Deborah Castellano, accessed April 21, 2017