Henderson Divorce vs Legal Separation

When married couples are ready to part ways, divorce is not their only option – and it may not be the right option when for some couples. Alternatively, legal separation can be a first step towards officially separating while not ending the marriage.

Divorce vs Legal Separation in Nevada: When Legal Separation May Be Preferable

In general, some of the cases in which legal separation may be a better choice for couples can be when:

  • Couples want to give themselves some time apart to consider whether reconciliation may be possible.
  • One spouse needs to maintain health care insurance coverage (or other benefits) under the other spouse’s policy (or record, etc.).
  • Couples do not want to divorce for religious reasons.
  • Couples want to work through some issues before ending their marriage, but they want financial separation when doing so.
  • Couples want to maintain certain social benefits of staying married.
  • One partner has been abandoned by the other for more than 90 days.

Legal Separation in Nevada: The Process

Typically, legal separation in Nevada proceeds much in the same way as the traditional divorce process. This usually moves forward as follows:

  1. A complaint is filed with the court, and a copy of the complaint is served to the other spouse.
  2. Upon being served with a copy of the complaint, the other spouse will have 20 days to respond.
  3. If the legal separation is undisputed (i.e., separating spouses agree on the terms of their separation, including how the property is to be divided, support payment obligations and/or custody decisions), then the court will generally approve the agreed-upon settlement.
  4. If any matters of the legal separation are contested, then the court will get involved and issue the final rulings on these disputes.

Legal Separation in Nevada: More Important Info

  • The duration – A legal separation in Nevada can last as long as couples want. In fact, the only three ways that a legal separation will end are when one party passes away, when the couple dismisses the legal separation because they have reconciled, and when the couple proceeds with divorce to end the marriage.
  • New debt or assets – Like divorce, legal separation in Nevada prevents either party from being responsible for any new debt the other acquires once the separation is finalized. On the flip side of this coin, legal separation also results in any assets or income acquired (or businesses developed) remaining separate property. Keeping the financials separate can be a very appealing option for some couples who may not be ready for divorce.
Henderson Divorce Attorneys at RIGHT Lawyers

Are you ready to move forward with a Nevada divorce or legal separation? If so, you can trust the experienced Henderson divorce lawyers at RIGHT Lawyers to successfully guide you through the legal process.

For more than 14 years, our respected and trusted attorneys have been committed to defending our clients’ rights and interests to help them favorably resolve their important family law matters. We have the experience, insight, skills and resources you can count on to help you achieve the best possible resolutions.