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Divorce
When are you considered legally separated and legally divorced?

When are you considered legally separated and legally divorced?

Full question:

When are you considered legally separated and legally divorced?

Category: Divorce
Date: 04/07/2025
State: Nevada

Answer:

If there exists grounds for a divorce, or if a party has been deserted by the other spouse for a period of ninety days, that party may file an action for separate maintenance and support for himself and any children of the marriage. However, even though legally separated, the parties are still married, i.e., legal separation does not dissolve the marriage.

In a divorce action, the parties are not considered divorced until the court enters its decree declaring that the marriage is dissolved and the time for appeal has expired.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you prove a couple is separated?

To prove a couple is separated, you may need to provide documentation such as a legal separation agreement, proof of separate residences, or evidence of living apart. Additionally, any communication regarding the separation, such as emails or texts, can support your claim. It's important to show that both parties have agreed to live apart and have taken steps to maintain that separation.

What makes a couple legally separated?

A couple is legally separated when they file for separate maintenance and support, which often involves a court process. This typically requires one spouse to file a petition for legal separation, and both parties must agree to the terms, including financial support and living arrangements. Unlike divorce, the couple remains legally married during this period.

What is the difference between legally separated and divorced?

The main difference is that in a legal separation, the couple remains married but lives apart, while in a divorce, the marriage is officially dissolved. Legal separation allows for support arrangements without ending the marriage, while divorce finalizes the separation and allows both parties to remarry. The legal processes and implications differ significantly.