Free Nevada Marital Separation Agreement

Separate Maintenance and Legal Separation in Nevada

What do you do when your marriage hits the rocks? Is there an alternative to a divorce? Is there a provision in the Nevada family law that lets couples take a break from marriage?

There are just some of the questions couples carry around when their marriages are not working out. Fortunately, we will have the answers for you throughout this article.

First off, yes, there is a provision that lets you take a break from your marriage in the state of Nevada. Even though most marriages end in divorces, they don’t always have to as there is a legal separation that is acceptable in Nevada.

Legal Separation

In the state of Nevada, the family law courts can give legal separations. However, the legal separation goes by a different name. In Nevada, the proper name for a legal separation is a separate maintenance. It is an alternative to a divorce.

The separate maintenance determines child support, child custody, child visitation rights, alimony, and the division of community property.

Unlike annulments or divorces, the separation maintenance offered by the court does not dissolve your marriage. Although you will live apart from each other, you shall remain legally married.

Reasons why couples choose the separation Maintenance

  • In the eyes of the law, both annulment and divorce terminate a marriage. Though these two allow you to remarry as they are final, they are frowned upon by some couples. Here is why:

    • Some couples wish to remain legally married though they have broken up

    • Some couple hope that they can patch up their differences

    • For health insurance benefits

    • Because of religious practices that forbid divorce

    • For the spouses to remain entitled to federal survivor benefits under the social security or even the military

    • Because the couple wishes to file a joint tax return

Grounds for legal separation and separate maintenance

  • A couple can get a marital separation agreement in Nevada (legal separation) if they know that they could get divorced. As a no-fault divorce state, incompatibility is the main reason for divorce. However, a spouse can still file for a legal separation in the following circumstances:

    • If the other spouse has been declared legally insane for at least two years

    • If one spouse has deserted the other bringing about the legal separation and id the desertion had lasted at least ninety (90) days.

    • If the spouses have lived apart for at least one year

Enforcement of a legal separation

In the state of Nevada, a decree of separate maintenance is the legal separation. In case either one of the parties involved breaks the terms of the decree, the other spouse can take that party that is in contravention of the decree to court to enforce it.

The court then holds the disobedient spouse in contempt and may sentence him or her to jail until he or she complies with the order. Also, the court’s order may be enforced through the seizure or the sale of the spouse’s property – this doesn’t apply to a veteran’s disability benefits though.

Note that the state of Nevada considers failure to pay for child support a crime.

Modification of a separate maintenance agreement

Just like divorce cases, the court can change or revoke a decree of separate maintenance. The common reason for a changed order is if a spouse cannot afford child support or the alimony payments. However, the changed order only applies to support payments not yet accrued. The spouse has to pay any past due support amounts at the original date.

If none of these happen, the decree expires upon the death of either the husband or the wife.

Therefore, if you are considering legal separation, you should fill the above mentioned steps to get a copy of a sample Marital Separation Agreement in Nevada.