Legal Separation

A legal separation is legal status between marriage and divorce.   You and your spouse have divided all the marital assets with a legal separation, yet you cannot marry another person.  You are not divorced, but you do not share property or debts with your spouse.

The main "legal" reason a legal separation is used or requested is when a spouse would like to continue on the other spouse's work benefits.  Some personal reasons might be for religious purposes.  Some couples use a legal separation as a transition.  Starting with the legal separation before moving forward with a divorce.  

Is does.  This is main benefit of a legal separation.  You and your spouse have divided all the marital assets and all the marital debts.  In most cases creditors would not be blocked from collecting from the other spouse.  The purpose of the legal separation cannot be to fraudulently protect assets from creditors.  

They can be less expensive because most legal separations are agreed to by the parties.  We call these uncontested legal separations.  Because the legal separation is agreed to there is no litigation, or fighting in court.  Less fights means less attorney time, which means less attorney fees.  

Because most legal separations are agreed to by both spouses they are easier.   Uncontested divorces or legal separations take 60 to 90 days.   However, a spouse can ask for a legal separation in a contested manner.   If the separation is contested it will probably take between 6 and 12 months.

No, you do not need a legal separation to move out.  Being married does not obligated you to live in the same home as your spouse.  Nevada does not have any current laws on spousal abandonment, so spouses can move out if they like.  

Yes, we have seen a few of these.  Some estate attorneys will use legal separations as an asset protection tool.  Spouses can live together without intermixing finances for asset protection, or estate planning purposes.

Yes, Nevada law allows for the ordering of spousal support in a legal separation.   The calculations of how much alimony will be awarded is still a question, just like in a divorce.   Nevada has no absolute spousal support formula so amount of alimony payments depend on the judge, and the facts.   

Child custody can be included in a legal separation.  The couple can determine child custody, child visitation, and child support in a legal separation.