Legal Separation vs. Divorce in Nevada
When a marriage has run its course, couples often consider getting a divorce. But what you may not realize is that divorce is not your only option. Another to consider is legal separation.
Before deciding which option might be right for you, it’s important to understand the difference between divorce and legal separation in Nevada. Keep reading to learn more about legal separation vs. divorce and see how the family law attorneys at Mills & Anderson can help you move forward.
Divorce vs. Legal Separation in Nevada
While divorce and legal separation are somewhat similar, they do have certain differences that will impact which option makes the most sense for your situation. Below is more information about divorce and legal separation in Nevada to help you decide which option to pursue.
Definitions
Divorce, also referred to as dissolution of marriage, is the legal process by which a married couple formally terminates their marital relationship. During a divorce, the court will resolve issues such as property division, child custody and support, and alimony (spousal support). This is the option that most couples think of when considering an end to their relationship. However, another option to consider is legal separation.
Legal separation, referred to as “separate maintenance” in Nevada, refers to a legal arrangement where a married couple lives separate and apart, while remaining legally married. Separate maintenance can be a beneficial alternative to divorce for couples who wish to logistically end the relationship without terminating their marital status. Common reasons that couples may seek separate maintenance over divorce include religious or cultural considerations, social stigmas associated with divorce, or financial or healthcare benefits of staying legally married.
Similarities Between Divorce and Legal Separation
When it comes to divorce and separate maintenance in Nevada, there are a few key similarities to be aware of. For example, both divorce and separate maintenance are legal remedies that will require some level of court involvement, including filing the legal action in court and obtaining a court order.
Additionally, both processes will allow the parties to address issues such as division of marital assets and debts, child custody, support, and visitation, and spousal support moving forward.
Differences Between Divorce and Legal Separation in Nevada
Although there are some similarities, there are also various differences to consider. Below are some of the most significant differences to be aware of:
| Divorce | Separate Maintenance | |
| Marital Status | The ultimate outcome of a divorce is that the parties will no longer be legally married. | In a separate maintenance action, the parties will remain married unless and until they later choose to obtain a divorce. |
| Benefits | Because the marital relationship will be terminated, certain benefits, such as health insurance, may be lost once the divorce is finalized. | Couples who seek separate maintenance, rather than divorce, may be able to retain certain benefits associated with being married because they will, in fact, remain married. |
| Tax Implications | Once the divorce is finalized, the parties will no longer be permitted to file taxes jointly. | Although the parties may no longer be living together, because they will remain legally married, they may still choose to file taxes jointly. |
| Ability to Remarry | Following the divorce proceedings, the parties will be free to remarry, something that is not possible with separate maintenance. | Individuals in Nevada may be married to only one legal partner at a time. Thus, if you obtain a separate maintenance order, you will be unable to remarry until the marriage is legally terminated. |
Legal Separation vs. Divorce in Nevada: Which One to Pursue
In reality, there is no right or wrong answer to the question of which option to pursue. Ultimately, the decision of whether to seek separate maintenance or divorce is a personal one that will vary from case to case depending on a couples’ needs and goals.
Work with an Experienced Nevada Family Law Attorney Today
If you’re still not sure what makes most sense for your particular situation, the attorneys at Mills & Anderson are here to help. We understand that no two cases are the same, which is why we pride ourselves on providing personalized service and care to each of our clients at every stage in the process.
With more than 40 years of collective practice experience, we are confident that we have the background and experience necessary to help you with your family law matter, regardless of whether you decide to pursue divorce or separate maintenance. So give us a call to discuss your case, and see how we can help you get started today.
FAQs
Can I Still Seek a Divorce in the Future if I Already Have a Separate Maintenance Order?
Yes, if you have previously obtained a separate maintenance order in Nevada, you may still be able to seek a divorce in the future. Note, however, that you may need to formally file a new action in court for divorce. Thus, going from separate maintenance to divorce will not be automatic and may take some time.
What Do I Do If My Former Partner Refuses to Comply with the Divorce or Separate Maintenance Order?
If your former partner has failed to comply with the divorce or separate maintenance order, you may have grounds to take them back to court to enforce the order previously entered by the judge. In an enforcement action, the court may have a few options, such as holding the other party in contempt of court or sentencing them to jail time until they comply with the order. If you need help enforcing a divorce or separate maintenance order, speak with an experienced Nevada family law attorney today.
Do I Need an Attorney for a Divorce or Separate Maintenance Case in Nevada?
No, you are not legally required to hire an attorney for your Nevada divorce or separate maintenance matter. Nevertheless, having the assistance of an experienced lawyer can be extremely beneficial as you pursue your legal matter moving forward. Thus, even though you may not need to hire an attorney, doing so is strongly recommended.
