Las Vegas Legal Separation Attorney
Legal separation, also known as separate maintenance in Nevada, separates a couple and certain parts of the marriage. However, the couple remains legally married. Simply because a couple starts living separate and apart does not mean that they are legally separated. To be legally separated, a couple must file a separation agreement with the court, which must obtain court approval. If you believe this is a better option than divorce for you, our Las Vegas legal separation attorney can help.
How is Legal Separation Different from Divorce?
After a couple divorces, the marriage is officially over. Legally, the couple is no longer married. The community property interests end, and the couple’s debts and assets are divided equally. A divorce will also require child custody and support issues to be resolved, if the couple has children together.
A legal separation may involve all the same terms as divorce, but that is not always the case. A separation agreement may not divide debts and assets but instead include specific provisions for them. Additionally, while a legal separation agreement can also end community property interests, this is not a requirement. Likewise, a legal separation agreement does not have to include provisions for child custody or support. The biggest difference between a legal separation and divorce is that when a couple only separates, they are still considered legally married.
Why Choose a Legal Separation Instead of Divorce?
There are many reasons people choose legal separation over divorce. The most common of these are as follows:
- Religious reasons
- To remain officially married until the ten year deadline for certain benefits including military pensions and Social Security benefits
- One or both parties do not want to responsibility for the other’s debt
- Tax benefits
- The couple is unsure of whether they want to divorce and use legal separation as a trial run
Why Choose Divorce Over Legal Separation?
While legal separation has many benefits over divorce, it is not for everyone. Many people choose legal separation over divorce because they think it is a cheaper alternative than divorce. In Nevada, there also is no legal penalty for dating while one is legally separated, as there are in some other states. As such, a legal separation can allow people to live completely separate and apart even though they are still legally married.
Unfortunately, a legal separation is not always a more affordable alternative than divorce. Many people get a legal separation and then follow through with a divorce. This essentially means that people have to pay for the process twice. Additionally, while people can date while legally separated, they cannot remarry until they have officially divorced their spouse.
Our Legal Separation Lawyer in Las Vegas Can Advise You of Your Options
There are many benefits that come with legal separation but there are some drawbacks, too. At Ghandi Deeter Blackham Law Offices, our Las Vegas legal separation attorney can advise you of your options and help determine what is the best option for you. Call or text us now at 702-878-1115 or chat with us online to request a consultation and to get the legal help you need.