The Difference between a divorce and a legal separation.

Most people know what a divorce is and the objectives they can accomplish in a divorce proceeding. Parties to a divorce proceeding can have the issues of child custody, division of property, and alimony adjudicated by a judge or settled between them. Once a divorce proceeding is finalized, each party to the divorce is restored to the status of a single, unmarried person. Thus, they can be legally married to another person.

Nevada law permits married parties to legally separate without obtaining a divorce. In these legal separations, also known as separate maintenance, the court may resolve the same issues as in a divorce proceeding. Therefore, one might wonder why a legal separation is chosen over a divorce proceeding. There are several reasons where a legal separation is more suitable than a divorce such as remaining legally married for religious purposes, taking advantage of insurance coverage and other benefits. However, each party to a legal separation proceeding is not restored to the status of a single, unmarried person. Therefore, they cannot be legally married to another person.