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Do We Have to Be Legally Separated Before Divorce?

Posted by Charles E. Barnabi | Dec 18, 2017 | 0 Comments

Legal separation and divorce are somewhat similar. Legal separation involves a couple separating because they feel it's impossible to cohabit with each other; however, the marriage legally remains intact. If a separated couple resolves their marital issues, they can ask the court to dissolve the separation.

Divorce, on the other hand, is a more permanent solution to marital problems. A divorce means the couple believes the marriage is irreparable. The court will issue a divorce, and both partners involved are no longer legally connected to each other. Both are free to remarry as they like.

While a couple can legally separate before divorcing, it's not a requirement to get a divorce. Separation is often a first step for couples who are unsure whether the marriage can be repaired. If a couple is interested in testing their lives out individually without their partners, a separation allows them to do so without spending a lot of time or money on divorce proceedings.

Another similarity between the two include the grounds upon which a legal separation may be granted in Nevada. These grounds include incompatibility, lack of cohabitation for at least one year, or insanity for a period of two years.

If you're interested in leaving your marriage intact but living apart for a while, a legal separation may be your best course of action. However, if you feel your marriage cannot be saved, divorce is the more permanent option to dissolve the marriage.

Talk to one of our skilled Henderson divorce lawyers about your case today. McDonald Law Offices, PLLC is a boutique law firm dedicated to providing a personal approach and individualized attention to each client. Let us see what we can do to help you and your family achieve your legal goals. Our firm offers both legal separation and divorce services, so we can discuss which might be right for your situation.

Contact us at (702) 850-8004 or fill out our online form to schedule a case consultation today.

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