What Is a Legal Separation?
Unlike a divorce, a legal separation does not end your marriage, allowing you to live apart but remain legally married. A court order outlines the responsibilities of each spouse during the time you and your spouse are living apart.
If you are interested in pursuing a legal separation in Nevada, contact our Las Vegas legal separation attorney who can help you determine if it is a good alternative to your divorce. If so, we can walk you through how to file for legal separation quickly, without compromising your rights.
Call (702) 996-6052 to book a consultation with a legal separation attorney at Leavitt Law Firm.
Legal Separation vs. Divorce: Which Is Better?
As mentioned, a legal separation lets you and your spouse stay married while pursuing separate lives. This makes it a good way to protect your interests until the decision is made to file for divorce or rejoin the union.
A separation agreement usually addresses issues such as:
Since you could be living with your separation agreement for a long time, having a Las Vegas legal separation attorney from Leavitt Law Firm can greatly help you during the drafting process.
The Legal Separation Process in Las Vegas
The process of legal separation in Las Vegas follows defined procedures to formalize the separation of spouses without ending the marriage. Couples opt for legal separation for reasons like religious beliefs, financial considerations, or as a trial period before finalizing a divorce.
- Filing a Petition: The process begins with one spouse filing a petition for legal separation in the family court. The petition outlines the grounds for separation and addresses key issues like spousal support, child custody, and property division.
- Negotiation and Agreement: Following the filing, both spouses participate in negotiations or mediation to achieve a consensus on the terms of separation. This encompasses decisions regarding property division, alimony, child custody, and support.
- Court Approval: Once an agreement is reached, the court reviews and approves the terms, formalizing the legal separation. Unlike divorce, legal separation doesn't terminate the marital status.
- Court Orders: The court releases orders delineating the rights and responsibilities of each spouse throughout the separation. These orders encompass financial support, child custody arrangements, and other pertinent matters.
- Finalizing the Separation: With court approval and orders in place, the legal separation is finalized. However, the couple remains legally married and cannot remarry until obtaining a divorce.
Navigating the legal separation process can be complex, and consulting with an experienced Las Vegas legal separation attorney ensures that your rights are protected and the separation agreement is fair and enforceable.
Our Experienced Las Vegas Legal Separation Attorneys Can Help
Legal separation can be a complex and emotional process, and it's important to have a knowledgeable and experienced attorney on your side to guide you through it. At Leavitt Law Firm, our team understands the intricacies of legal separation in Nevada and can provide the skilled representation you need during this challenging time.
When you choose our firm for your legal separation, you can expect:
- Thorough assessment of your unique situation
- Clear and honest communication throughout the process
- Strategic legal guidance tailored to your specific needs
- Dedicated advocacy to protect your best interests
- Compassionate support and understanding during this difficult time
Whether you are considering legal separation or have already made the decision, our team is here to provide the legal expertise and support you need to navigate this process with confidence.
While legal separations and divorce share similarities, separation offers some advantages:
- Couples are allowed time apart, away from conflicts, to decide if divorce is right
- Medical and other benefits are retained as opposed to after a divorce
- Military spouses may wish to remain legally married for 10 years for special benefits
- Staying married for a certain amount of time provides some social security benefits
- Separation documents can be turned into a divorce settlement agreement if desired
A separation agreement also sets the precedence for a divorce if it follows. Since a judge will probably assume that your separation agreement was mutually beneficial, if you move toward a divorce they can carry it over to become the divorce settlement agreement. For this reason, you need to make sure you create a separation agreement you can live with long-term.
Skilled Representation for Your Legal Separation in Nevada
Our skilled lawyers at Leavitt Law Firm can fight to ensure your interests in the separation and possible divorce are taken care of. We will make sure you are not taken advantage of by your spouse in any way.
Contact our Las Vegas legal separation lawyer online today to learn more.
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They were always available to me for questions and advice, my children and I are most grateful for all of their help during this transitional time. They were clear with the law and fought hard so that my family was taken care of and treated fairly.