Legal Separation
Legal Separation
In Nevada, a legal separation is called a Decree of Separate Maintenance.
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Much like a divorce, a legal separation ends the financial partnership between a husband and wife. It also requires a distribution of any assets and debts, and a court order regarding alimony. A court will also require custody orders for any children from the marriage.
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Momentum Family Law has extensive experience helping people obtain legal separations.
Advantages of a legal separation over a divorce.
People who are legally separated are still married, and may still enjoy benefits associated with marriage. For instance, parties may still be able to share joint health insurance policies, and may be entitled to various government benefits associated enjoyed by married people. Some people who do not believe in divorce, for religious reasons or otherwise, may also choose to get a legal separation instead of a divorce.
Disadvantages of a legal separation
The primary disadvantage of a legal separation is that the parties remain married. This prevents either party from remarrying, although the legal separation can later be converted to a divorce. If one spouse seeks a divorce and the other spouse seeks a legal separation, the court will grant the divorce.
Can legally separated spouses later file for divorce?
Yes, legally separated spouses can later file for divorce. Because the legal separation resolves the division of assets, division of property, alimony, child custody, and child support, it is usually a simple matter to later obtain a divorce.