The procedures regarding “Separate maintenance” actions, more commonly referred to as “legal separations,” are outlined in Nevada Revised Statutes Chapter 125.190 to 125.280. Like a divorce, separate maintenance actions resolve issues regarding child custody and visitation, child support, possession of assets and debts, and spousal support. However, separate maintenance actions do not dissolve the marriage. At the entering of a Decree of Separate Maintenance (the pleading that makes the separate maintenance action “final”), parties remain married to each other. It is important to note that a Decree of Separate Maintenance does not prevent either party from filing a subsequent action for divorce.
Separate maintenance actions are usually sought for religious reasons, or to prevent a loss of benefits or insurance (i.e., health insurance) that might occur upon divorce. The grounds for separate maintenance are the same as those for divorce, plus the additional ground of “desertion by a spouse for a period of at least 90 days.”
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