A couple may choose to end their marital relationship with a legal separation rather than a divorce. Depending on your specific situation and if you are living in Nevada, a legal separation may be more appropriate or desirable over a divorce.
A Legal Separation Agreement is a legally binding document that is tailored to each parties’ relationship and situation. This Agreement details and determines resolutions to issues such as co-parenting, child support, spousal support, division of property, and other community property issues.
If you are unsure whether filing for a legal separation is right for you, here are some reasons to consider a legal separation prior to seeking a divorce:
1. Time for Reconciliation
If you are currently in a high conflict marriage, but have not decided to file for divorce, legal separation may be an appropriate option. Rather than a verbal agreement, separation agreement documents can be upheld by the court and clearly define each party’s engagement with the other and with the children involved. Through a legal separate agreement, child custody, child support, spousal support and issues of the community can be divided. You should speak to a family law attorney and child support lawyer about your options.
2. Temporary Incompetency & Health Insurance
If either spouse becomes temporarily incompetent by way of mental health and/or substance abuse, and you desire to preserve the marriage and stand by your spouse, a legal separation may be appropriate for your situation. A legal separation may limit your exposure and limit your liability for any misdeeds or actions committed by an incompetent spouse. Additionally, through a legal separation, the parties can maintain health insurance coverage for both spouses. Depending on your circumstances, you should speak to a family law attorney about your options.
How to File for Legal Separation in Nevada
Laws differ on how to file for a legal separation. To see if a Nevada legal separation is in the best interest of your and/or your spouse, you need to consult with experienced family lawyers such as Erin N. Grieve. Every case of legal separation is unique, with decisions involving property, children, and assets. If you are considering taking this step, consult with an attorney first.