Sometimes, couples are not ready to divorce but still need to live apart from each other, whether briefly or in the long run. An alternative to divorce that holds out hope for reconciliation is legal separation — known in Nevada as “separate maintenance.” This legal procedure raises a number of issues that also arise in divorce. At Miley Law Firm, our attorneys can advise you on what legal separation involves and what you need to do to achieve it and can represent you in court and in related matters.
What is Legal Separation?
Legal separation, or separate maintenance, is a court procedure by which a married couple creates separate households. As with a divorce, the procedure may involve property division, alimony, child custody and child support. Unlike divorce, however, legal separation imposes significant limitations on the spouses. Often, a separate maintenance order will prohibit you from selling or otherwise disposing of your property.
Nevada law also prohibits lump sum payments of alimony or child support. On the other hand, separation has some advantages over divorce. For instance, it allows a spouse to continue to benefit from a family health insurance policy. It may also give you and your spouse an opportunity to reconcile your differences without living together. At Miley Law Firm, we can explain the separate-maintenance process and advise you on all the relevant issues.
How is Legal Separation Different from Divorce?
Legal separation vs. divorce in Nevada are often confused, but they represent very different legal statuses and choices for couples. Legal separation allows spouses to live apart and establish formal agreements around child custody, support, and property division without ending the marriage. In contrast, divorce legally dissolves the marriage, permanently ending the marital bond and allowing both parties to remarry. Legal separation can be a preferred option for those who need time or wish to maintain certain benefits like health insurance or religious considerations that discourage divorce.
Here are some key ways legal separation differs from divorce:
- You remain legally married during a legal separation; divorce ends the marriage completely.
- Legal separation may allow maintenance of health insurance and tax benefits tied to marriage.
- Separated spouses retain some rights and responsibilities, such as medical decision-making for each other.
- Divorce severs all marital ties, including the ability to remarry.
- Reconciliation after legal separation is simpler; divorce requires remarriage to reunite legally.
- Legal separation agreements outline obligations but do not dissolve marital property or debts as a divorce does.
Navigating whether legal separation or divorce best suits your family’s unique situation is a deeply personal decision. At Miley Law Firm, we provide compassionate and knowledgeable guidance throughout every step of family law proceedings. We understand the importance of finding solutions that serve the well-being and future of your family, and we are here to help you make informed decisions with clarity and care.
Why Choose a Legal Separation Instead of Divorce?
Choosing legal separation over divorce is a significant decision that holds different meanings and consequences in the eyes of the law. Legal separation allows you and your spouse to live apart while remaining legally married, which can preserve certain rights and benefits, such as health insurance coverage, tax advantages, and eligibility for certain spousal benefits. It also offers a more flexible path for couples who may wish to maintain their marriage status for personal, religious, or financial reasons.
At Miley Law Firm, we recognize that a marriage separation is a deeply personal decision that can have far-reaching implications. We take the time to understand your family’s needs and goals, providing compassionate guidance to help you choose the best path forward. Whether you need help drafting a separation agreement or want to explore all your options, Miley Law Firm is committed to protecting your interests and supporting your family through this.
What Are Nevada’s Requirements for Legal Separation?
A married couple can file for separate maintenance in any of these circumstances:
- They have lived separately for at least one year.
- They are incompatible, which means that they can no longer get along with each other.
- One of them has been insane for at least two years.
- One of them deserted the other for at least 90 days.
The first three circumstances are also grounds for divorce in Nevada; the last one is only a ground for separate maintenance.
The process begins by one or both spouses filing a signed, notarized petition in state district court. If the spouses agree on all key issues, they may file a written, signed agreement with the petition and the court will likely incorporate its terms into the maintenance order. If not, the court will need to decide the unresolved issues. In contested cases, the court will hold a hearing, at which each spouse has the opportunity to be heard. Importantly, the order cannot violate the terms of a valid prenuptial agreement.
An experienced family lawyer can provide trustworthy advice on legal separation and represent you in the court proceeding. Nevada law does not provide for legal separation of domestic partnerships. However, domestic partners may informally separate if they can agree to all important issues, and we can provide assistance in this regard.
How to File for Legal Separation in Nevada
Filing for legal separation in Nevada means taking important legal steps to safeguard your interests, rather than relying on informal arrangements that may not hold up if things go wrong. Legal separation isn’t simply living apart; it involves a court order called “separate maintenance” that sets clear, enforceable terms for spousal support, child custody, property division, and more.
Steps to file for legal separation in Nevada and navigate it with Miley Law Firm:
- One spouse files a complaint for legal separation (“separate maintenance”) with the district court.
- Complete and submit required court forms, including a detailed petition outlining requests for custody, support, and division of assets.
- Officially serve the other spouse with a copy of the paperwork.
- The other spouse can respond; if both parties agree, a separation agreement can be submitted for court approval.
- Attend hearings if needed. If there are any disputes, the court will make decisions on unresolved issues.
- Miley Law Firm can provide strategic legal advice, draft and file proper forms, represent you at every stage, and ensure the separation order fully protects your interests.
In Nevada, only a court order, not a private agreement, can establish a legal separation that has legal force. That’s why it’s essential not to rely on handshake deals or informal arrangements; those aren’t enforceable if circumstances change or disputes arise. Working with experienced attorneys like Miley Law Firm means your separation is handled with care, precision, and understanding of Nevada law, so your rights, finances, and family relationships are protected both now and in the future.
Contact a Knowledgeable Nevada Legal Separation Lawyer for a Consultation
Miley Law Firm advises Nevada clients regarding legal separation and related issues. Please call (702) 942-0600 or contact us online to make an appointment for a meeting at our Las Vegas office.
