Step by Step Process for Filing Legal Separation in Nevada

Legal Separation in Nevada Explained

Legal separation in Nevada is a legal process that allows a couple to divide property and liabilities without obtaining a divorce. One of the many reasons couples choose this alternative is that they believe there may be a chance of reconciling at some point in the future. A legal separation agreement provides for the distribution of assets and debts between the spouses. Health benefits are usually maintained with the employer, though this should be verified as not every employer offers this benefit for legal separation.
Just as important as dividing assets, the legal separation can set out the required payments for child support and spousal support.
In a legal separation, each spouse is free to live where they want . This means they are able to move out of the separate residence if they want, without it being considered abandonment.
Even though the couple is legally separated, they retain all the legal benefits of being married. A provision can be included in the separation agreement for the right to review and revise at regular intervals. This gives the couple an opportunity to come back together; however, it also allows them to resolve financial issues without the need for a court appearance.
Some people believe legal separations are a positive step along the way to a divorce. However, if the economy improves and the couple is in disagreement over when to start divorce proceedings, a legal separation is certainly an option.
Note that any preexisting prenuptial agreements will still be in effect after the legal separation is enforced.

Requirements for Seeking Legal Separation

The eligibility requirements for legal separation are the same as for divorce. You or your spouse must have been a resident of this state for six weeks immediately before filing. There is an exception to the residency requirement if you or your spouse were stationed in the U.S. military and stationed in Nevada on the date of filing. It is important to note that military personnel are not eligible for the expedition of the separation if the other party is stationed in another state or country. Only those filing in Nevada over whom the Nevada courts have jurisdiction are eligible for such an expedition. In addition, you or your spouse must meet one of the following conditions:
• You and your spouse have lived separately without cohabitation for a period of not less than 1 year immediately proceeding the commencement of the action.
• The parties are living separately with temporary financial support for a period of not less than 3 months immediately preceding the commencement of the action.
• The parties are living separately from bed and board with a written agreement providing for financial support in accordance with NRS 125.020.
• You or your spouse is a resident of a facility for a chronic alcoholic or drug abuser or a hospital for the mentally ill.
• You or your spouse is insane.
• Although not specifically included as one of the conditions for filing for legal separation, the residency requirement for divorce is the same as for legal separation. That means that it is possible for you and your spouse to file for legal separation and remain married indefinitely.

Required Paperwork for Separation

Filing for Legal Separation in Nevada requires the proper preparation of a number of documents specific to the case. In general, nearly all of these documents will need to be signed in front of a notary public prior to the filing. Further, it is recommended that all of the documents are prepared by a knowledgeable family law attorney. Doing so will help ensure that the documents are properly completed and filed with the court.
The following is a basic list of the documents that will be needed to begin a legal separation in Nevada: The Separation Agreement generally includes all of the divorce related agreements that are reached by both parties. The specific terms will ultimately depend on the circumstances of that specific case. The following terms are commonly addressed in most Separation Agreements: While the terms are very different from one case to the next, common terms that are addressed by a Separation Agreement will include a division of property, financial obligations, child custody agreements, etc. Generally, these agreements will be signed at the time of the first court trial setting. After they are signed, they are often filed with the court at the initial session.

Making the Legal Separation Filing with the Court

Now that you have filed the Summons, the Complaint for Separate Maintenance and Decree, the Declaration of Disclosure, the Financial Disclosure Form, and the Certificate of Service you are ready to file your legal separation with the Court. There are two ways in which you may file this. The first is by hand. If it is the first time you are filing an action with the Court, filing by hand is the easiest way to test the waters. The preparation of the Separation Agreement or Decree of Legal Separation can be drafted by a neutral "parenting arbitrator" who can help you work out details regarding a time share schedule and other concerns. Some people prefer to go through mediation with a mediator who prepares the Separation Agreement or Decree of Legal Separation after both parties have mediated all of the issues that they disagree upon. It is recommended that both parties go through the divorce process with an attorney, however, mediation and use of a neutral parenting arbitrator are good options to consider if either party fears attorney’s fees and costs. The second way to file your legal separation with the Court is electronically through the e-filing system or the filing of documents online. In order to e-file your separation you must first visit www.clarkcountycourts.us to register to e-file with the Court. The registration process to file through the Court electronically is fairly easy and user friendly. If you are in need of assistance, the filing clerks at the Court are always available to assist you with the filing process.

The Court Process and Timeline

Courts generally will not hear contested legal separation cases without first requiring parties to attend non-binding arbitration. The purpose of the arbitration is to give the parties an opportunity to address issues in a more informal setting at which point a previously discussed separation agreement may be accepted as an arbitration award by the court.
If the parties do not agree at arbitration, the next step is a pre-trial settlement conference, which takes place soon after arbitration and again is non-binding. Judges tend to force parties into settlement conferences as a means of resolving issues in advance of a final trial. In many cases, the settlement attempts are successful, either through a partial or total resolution of the disputed issues .
Should a pre-trial settlement conference fail to produce a resolution of the case, the parties will receive a set of written instructions from the judge, including a pre-trial order. This order will require the parties to submit their evidence, proposed statements and objections regarding the evidence to the judge in advance of a final trial. Discovery is often concluded immediately following the pre-trial settlement conference, leaving the parties with a clear timeline in which to prepare for the final trial.
Some disputes may be resolved prior to a final trial, at which point the parties may enter judgment on their agreement. However, should the case reach trial, parties may expect to see hearings for up to a week or longer, depending on the nature and level of documented evidence.

Negotiation and Approval of Your Separation Agreement

The path to finalizing your legal separation in Nevada includes negotiating the terms of separation with your spouse. While the words "negotiation" and "final" might sound like a cause for alarm, your attorney will be able to tell you why so many people have successfully negotiated separation agreements:
Negotiation is Necessary
In order for the Nevada Family Court to approve your legal separation, you must negotiate the terms of separation with your spouse. The only exceptions are in cases of physical abuse, where the court will grant a protection order, or if one party has committed fraud or falsified information on a court document.
Because separation agreements are simply a way of informing the Family Court that you are living apart with no intention to reunite, this negotiation process is the same as it would be if you were filing for divorce. Your lawyer facilitates the process by clearly communicating your wants and needs and discussing those with your spouse or his/her attorney.
Preparing for Negotiation
If you are ready to begin the negotiation process, or if your spouse has already approached you about negotiation, you should prepare by considering these factors, which include:
Each of these components will play a role in the negotiation process, so make sure you’ve carefully considered your position and wishes before your attorney approaches your spouse or your spouse’s attorney.
How to Conclude Negotiations
Once you and your spouse reach terms that are mutually acceptable—or if you are unable to reach an agreement and one of you files for divorce—it’s time to bring the legal separation to the Family Court so it can be finalized. Because a legal separation is purely a matter of paperwork and does not require appearances, the submission process is very simple.
You will most likely appear in court one last time to demonstrate that the separation agreement is fair and discuss who is responsible for the filing fees. After that, bear in mind that you will be considered legally separated, and your relationship will be that of a legally separated couple.
Legal separations can take anywhere from a few weeks to a few months to finalize, so allow yourself plenty of time and don’t be afraid to ask your attorney questions as the process moves forward.

When It is Smart to Enlist Professional Help

When filing for legal separation, individuals should consider hiring a lawyer or mediator to handle the paperwork. A divorce mediator can help couples resolve disputes amicably while drafting legal documents for court. On the other hand, a lawyer can resolve more complex legal issues and finalize divorce decrees. When is hiring an attorney absolutely necessary?
When a couple has significant marital assets, contested custody situations, or high net worth, it is usually essential to hire a lawyer. Further, if one party believes that the other spouse will be vindictive, it is important to retain counsel to finish the divorce. In other words, people should not only consult with lawyers before filing for divorce; they should also meet with them after they file.
Working with a divorce mediator is usually a good choice for couples who want to keep things amicable and have agreed upon major issues, such as asset division and child support. It’s much less expensive than hiring a lawyer which is a big bonus! In most cases, people who agree upon most of the issues when filing for divorce should attempt to work with a mediator instead of involving a lawyer.
For people who have no clue where to start looking for legal representation, or to determine whether their situation calls for a lawyer versus a mediator, it’s best to schedule consultations with several different types of legal professionals. Most consultations are free, but they are invaluable for untangling the process.

Issues You May Face

One of the most pressing concerns many people face when contemplating legal separation is whether they can afford to proceed. Legal separation in Nevada is more affordable if you use mediation to resolve the issues. Getting the assistance of a Certified Family Law Mediator decreases the overall cost of legal separation. The Family Law Mediator will be able to assist you in drafting the necessary agreements as you mediate the issues in dispute. Not only does this make the mediation appointment more productive, but it also eliminates the need to pay the attorney to draft the necessary documents when mediation has been successfully completed.
Another common issue that arises when filing for legal separation is a lack of understanding about the process itself. Many people familiar with legal separation in Nevada have not been through this process themselves. They are often unfamiliar with what steps to take, and how the process actually proceeds . By speaking with both a Certified Family Law Mediator and a Nevada divorce and family law attorney, you can learn what to expect and how the steps toward legal separation will unfold.
A third challenge couples face during a legal separation is communication problems. One party might be determined to move on without the other person. One or both sides might be unwilling to cooperate or go through the process. Mediation, however, can help alleviate many of these issues, as both parties will be given the same, fair opportunity to state their case and work out a solution, with the help of the mediator. Because the mediator does not judge either party based upon their circumstances, a successful resolution can often be achieved when communication breaks down elsewhere.
Legal separation can be challenging for many people, but learning about the process, the steps involved and how to resolve the issues you face can reduce your overall frustration and increase your chances of a successful resolution.