This is the first post in a series of articles in which I will discuss Nevada’s legal separation process. Unlike many other states, Nevada allows residents to formally separate without terminating a marriage through divorce. The process, known as “separate maintenance,” is an alternative to divorce that is popular with many Las Vegas residents for a variety of reasons. In this series, I will provide an overview of the separate maintenance process and general information about when and why legally separating may be preferable to individuals in Nevada. If you are considering ending your marriage, contact my office to schedule a consultation with a Las Vegas lawyer.
This series will address the following subjects:
- When a legal separation is preferable to a divorce
- Understanding the consequences of a separate maintenance arrangement
- The process of obtaining a legal separation
- Child custody issues during separate maintenance
- Divorcing after a legal separation
Terminating a relationship is a difficult decision and often has significant long-term consequences on one’s emotional health, family relationships, and ongoing finances. When considering ending a marriage in Nevada, it is essential to understand how separate maintenance may impact your case for a variety of reasons. First, in many situations, obtaining a legal separation can be beneficial to one or both parties. Unlike after a divorce, the couple will still be legally married. It may be possible, therefore, to continue healthcare coverage or retirement benefits during a legal separation. Second, similar to a divorce, separate maintenance is a legal arrangement with potentially significant consequences. One should understand how legally separating may impact their rights and obligations. Third, individuals considering separation should understand the process of obtaining this type of court order. An experienced attorney can assist you in navigating the legal process. Fourth, it is important to understand how the Clark County Family Court will handle child custody when considering a legal separation case and during a separate maintenance arrangement. Finally, couples who legally separate may decide to formally end their marriage with a divorce at some point in the future. I will review the reasons and process for doing so later in this series.
Whether considering a trial separation, formal legal separation, or divorce, Las Vegas residents should consult with a family law attorney to understand their potential rights and obligations related to each option. My firm has extensive experience working with clients in each of these situations. I take pride in providing the highest level of customer service to my clients during this difficult process. If you need assistance, contact my office to speak to a lawyer today.