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Should I get a legal separation?

When it comes time to admit that your marriage is irreparable -- for whatever personal reason -- it's also time to decide if you will seek a "legal separation" first or go straight into a divorce. Although most Nevada couples simply think that divorce is the way to go, there are some great benefits to legal separation that you might want to consider.

Legal separation should not be confused with "informal separation." A court actually has to approve of your legal separation, which usually involves the approval of an agreement between yourself and your spouse that involves decisions about child custody and asset division.

Legal separation comes with a lot of benefits and it's especially attractive to couples who -- for any number of reasons -- find it better to remain formally married for the time being, but to come to agreement on specific, isolated aspects of their future divorce. The legal separation process, it should be stressed, is most appropriate for couples who never plan to come back together again.

One of the most important benefits of legal separation is the fact that couples will still be legally married, so they can continue to receive different financial benefits -- like marital tax incentives. Other couples who have strict religious beliefs that do not allow them to get a divorce, can also benefit from legal separation because it allows them to formalize parenting plan arrangements, child support and other asset division matters without actually divorcing.

Do you think that you and your spouse could benefit from a legal separation in Nevada? An experienced divorce lawyer can work with you (1) to decide if legal separation is appropriate for you and your spouse, and (2) to navigate your legal separation process in a lawfully appropriate manner that will gain a family court judge's approval.

Source: FindLaw, "Legal separation," accessed July 10, 2017

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