Many people do not understand the difference between divorce and legal separation, also known as separate maintenance. In a divorce, the martial relationship is completely terminated. Community assets and debts are divided, child custody arrangements are formulated, and, if appropriate, spousal support is awarded. For the purposes of a legal status, a person is then “divorced.” In an action for separate maintenance, parties’ assets and debts are divided and custody arrangements are determined. However the two parties are not officially divorced and, for all intents and purposes, their legal status remains “married.”
In Nevada, parties may seek a legal separation anytime they have a cause of action for divorce. The two grounds for divorce in Nevada are 1) incompatibility and 2) living separate and apart for over one year. In addition to these two grounds for obtaining a legal separation, spouses may also seek to become legally separated if one has been deserted by the other for a period of 90 days or longer.
People usually chose to obtain a legal separation as opposed to a divorce for one of two reasons. First, some people’s religious beliefs prevent them from obtaining an actual divorce. In this case, people may choose to divide their community assets and devise a custody arrangement. However, they do so with the understanding that they are still technically married according to their religion and they have agreed that neither will ever re-marry.
Second, people chose to legally separate when they are not sure they want to officially divorce but have decided to live apart for an extended period of time. These people usually decide to officially end the “marital community,” so they will no longer be able to jointly accumulate community assets or community debts.
Amy M. Friedlander, Esq.
When the parents of a child live in different states, and custody or support issues arise, you must take great care before hiring a lawyer to represent you in the case. Often, there are two or more possible states that may appear to have jurisdiction over the issues. These issues can be very complicated. Questions regarding jurisdiction are not subject to general rules but are instead fact specific and dependent on the application of complex statutes and rules.
In order to be divorced in Nevada, the state Court must first have “jurisdiction”. In Nevada, the state court has jurisdiction if either the Plaintiff or Defendant has ”resided” in Nevada for the six weeks leading up to the filing of a Complaint for Divorce. This six week requirement defines “residency” and is often times abused by individuals from other states with more stringent divorce laws. It is not unusual for an individual to come to Nevada and set up a sham residence in an attempt to meet the residency requirements necessary to obtain a divorce.
