A couple may choose to end their marital relationship through a legal separation rather than a divorce. Depending on your specific situation and if you reside in Nevada, a legal separation might be more appropriate or desirable.
A Legal Separation Agreement is a legally binding document tailored to each party’s relationship and circumstances. This Agreement addresses and resolves issues such as co-parenting, child support, spousal support, division of property, and other community property matters.
If you are unsure whether filing for a legal separation is right for you, consider these reasons for choosing a legal separation before seeking a divorce:
Time for Reconciliation
If you are in a high-conflict marriage but are not ready to file for divorce, legal separation might be an appropriate option. Rather than relying on a verbal agreement, a separation agreement, enforceable by the court, can clearly define each party’s responsibilities and interactions, including those related to the children. Through a legal separation agreement, issues such as child custody, child support, spousal support, and community property division can be addressed. It is advisable to consult a family law attorney and child support lawyer to explore your options.
Temporary Incompetency & Health Insurance
If either spouse becomes temporarily incompetent due to mental health issues and/or substance abuse, and you wish to preserve the marriage while supporting your spouse, a legal separation may be suitable. A legal separation can limit your exposure and liability for any misdeeds or actions committed by an incompetent spouse. Additionally, it allows both parties to maintain health insurance coverage. Depending on your circumstances, you should speak to a family law attorney about your options.
How to File for Legal Separation in Nevada
Laws on filing for a legal separation vary. To determine if a Nevada legal separation is in the best interest of you and/or your spouse, consult with experienced family lawyers such as Erin N. Grieve. Every case of legal separation is unique, involving decisions about property, children, and assets. If you are considering this step, consult with an attorney first.
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