What is the difference between legal separation and divorce?

Full question:

When are you considered legally separated and legally divorced?

  • Category: Divorce
  • Date:
  • State: Nevada

Answer:

A person is legally separated when they file for separate maintenance and support, which can occur if there are grounds for divorce or if one spouse has deserted the other for at least ninety days. However, during legal separation, the couple is still married; the marriage is not dissolved.

In contrast, a divorce is finalized only when the court issues a decree that officially dissolves the marriage, and the time for appeal has passed. Until that decree is entered, the parties are not considered divorced.

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

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.