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How to Prepare for Divorce When Your Spouse Won’t Leave

How to Separate in Nevada When Your Spouse Won't Leave

Steps to Take for a Smooth Separation Process

If you live in Las Vegas, Nevada, and you’re thinking about getting a divorce, but your spouse doesn’t want to leave the home, you might feel stuck.

Don’t worry!

Here’s a simple guide on what you can do to separate even when your spouse won’t move out.

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Talk It Out

The first step is to talk calmly and honestly with your spouse. Sometimes, just sitting down and explaining your feelings and reasons for wanting to separate can help. It’s essential to be clear about what you want and to listen to what your spouse has to say.

Get Some Advice

Next, it would be a good idea to talk to a lawyer who knows a lot about divorces in Nevada. The Rosenblum Allen Law Firm helps people who are getting divorced, and they can give you advice on what to do when your spouse won’t leave the house.

Understand the Law

In Nevada, you don’t have to prove anyone did something wrong to get a divorce. You can say that you can’t get along anymore (“incompatibility”), and that’s enough. But it can get tricky when it comes to who gets to stay in the house.

Make a Plan

You might need to make a plan for who will live where. If you both own the house, you have the right to stay there. But sometimes, a judge can help decide who should remain in the house during the divorce.

Consider Mediation

Before going to court, you can try something called “mediation.” That’s when a person who is good at solving problems, called a “mediator,” helps you and your spouse agree on things like who will stay in the house.

Safety First

If you are ever feeling unsafe, it is essential to get help right away. You can call the police or reach out to a place that helps people in dangerous situations at home.

Take Legal Steps

If talking and mediation don’t work, your lawyer can help you ask the court for a “temporary order.” This order can say who gets to stay in the house until the divorce is finished.

Keep It Peaceful

Remember, it’s best to keep things calm and peaceful. Fighting or arguing won’t make the process any easier. It’s essential to take care of yourself and try to deal with the situation in a way that is fair for everyone.

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Breaking It All Down for You

Getting a divorce isn’t easy, especially when you and your spouse don’t agree on things.

But in Nevada, there are ways to ensure you can separate and move forward with your life, even if your spouse won’t leave the home immediately.

Don’t forget that lawyers at The Rosenblum Allen Law Firm are here to help you through each step!

Frequently Asked Questions

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What if my spouse and I want to stay in our house during the separation?

If you and your spouse wish to stay in the house, you must agree. If you can’t agree, a mediator or a judge may need to help decide for you.

How long does it take to get a divorce in Nevada?

The time it takes to get a divorce in Nevada can vary. It could be as quick as a few weeks if both parties agree. If there are disagreements, it could take months or even longer.

Can I force my spouse to leave the house if they are demanding?

You cannot force your spouse to leave without a court order. If the situation is hostile, you can seek a temporary order from the court for your protection and to establish temporary living arrangements.

What should I do if I feel my safety is at risk?

If you feel your safety is at risk, contact the police immediately. You can also file for a temporary protective order and seek assistance from local resources that support those in unsafe domestic situations.

How can I make sure my rights are protected during the separation?

To protect your rights, it’s essential to consult with a lawyer who can guide you through the legal process and ensure that your interests are represented, especially if your spouse won’t leave the home.

What if my spouse and I can’t afford to live separately right away?

If financial constraints make it challenging to live separately, you should continue living together while establishing clear boundaries. Discussing this arrangement with a mediator or an attorney could help set ground rules.

Will living with my spouse during the divorce process affect the outcome?

Living with your spouse during the divorce process could complicate matters, but it does not necessarily affect the final terms of the divorce. However, it’s essential to document everything and communicate with your spouse as clearly as possible.

How can I communicate effectively with my spouse during this difficult time?

Consider using written forms of communication, like emails or texts, which can be documented and reduce the chance of confrontation. Be clear and concise, and discuss only necessary matters concerning the separation or divorce.

Is it possible to get a legal separation instead of a divorce in Nevada?

Yes, you can get a legal separation in Nevada called a “separate maintenance” agreement. It legally defines the rights and responsibilities of each spouse without officially ending the marriage.

Remember, each situation is unique, and these general answers may not cover every detail of your circumstances. Seeking legal advice from a professional, such as those at The Rosenblum Allen Law Firm, is always recommended to address your specific needs and questions.

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Glossary

Divorce: The legal dissolution of a marriage by a court or other competent body.

Mediation: A form of alternative dispute resolution where a neutral third party, called a mediator, helps both parties settle.

Incompatibility: A no-fault ground for divorce, referring to the inability of the spouses to get along and live together.

Temporary Order: A court order that is put in place to govern the conduct of the spouses while the divorce is being finalized.

Mediator: A trained professional who facilitates negotiation and settlement between disputing parties.

Separation: The process where a married couple starts living apart from each other while remaining legally married until a divorce is finalized.

Legal Representation: Lawyers or attorneys who provide legal advice and represent individuals in legal matters.

Spouse: A husband or wife considered their partner.

Property Division: The legal process of dividing assets and debts among spouses during a divorce.

Protective Order: A legal order issued by a court to protect an individual from harassment or harm, commonly used in domestic violence situations.

Legal Separation: A court order that mandates the rights and duties of a couple while they are still married but living apart.

Separate Maintenance: Another term for legal separation, where financial support and property division may be included without ending the marriage.

Family Law: The area of law that deals with family-related issues, including divorce, custody, and support.

Incompatibility: A term used to describe a situation where spouses no longer get along, which can be grounds for a no-fault divorce.

No-Fault Divorce: A type of divorce where the person filing for divorce does not have to prove that the other spouse did something wrong.

Understanding these terms can help you navigate the complexities of separating and divorcing in Nevada, especially when your spouse won’t agree to leave the marital home.

Additional Resources for You

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As you navigate through the complexities of divorce, it’s crucial to have access to reliable resources that address your specific concerns and questions. Molly Rosenblum Allen, Esq., our lead attorney, has not only been a steadfast legal ally but has also created an array of valuable resources to assist you in this challenging time. Here’s a brief overview of the resources available, each designed to provide guidance tailored to different aspects of the divorce process:

  1. Las Vegas Divorce Attorney: Explore comprehensive legal support for your divorce proceedings in Las Vegas. Gain insights into local legal nuances and receive expert guidance. Find out more.

  2. Nevada Divorce: Understand the specific requirements and processes unique to Nevada for a smoother, more informed divorce journey. Discover details.

  3. Surviving Divorce: Navigate through the emotional and practical challenges of divorce with strategies and advice aimed at helping you come out stronger. Learn survival tips.

  4. What Happens If You Don’t Sign Divorce Papers: Uncover the implications and next steps if one party is unwilling to sign the divorce papers, and how to handle such situations. Understand the consequences.

  5. Do I Need an Attorney to Get a Divorce: Evaluate the necessity and benefits of having legal representation during your divorce process. Assess your situation.

  6. What is a Collaborative Divorce: Explore the collaborative divorce approach, focusing on negotiation and conflict resolution to avoid the court. Get informed.

  7. How to Win a Divorce: Gain strategic insights on navigating your divorce effectively, focusing on legal triumphs and personal well-being. Strategize successfully.

  8. Switching Lawyers During Divorce: Understand the process, implications, and how to ensure a smooth transition if you consider changing your legal representation mid-divorce. Know the steps.

  9. How Long Does a Divorce Take in Nevada: Get an estimated timeline and factors that influence the duration of the divorce process in Nevada. View the timeline.

  10. High Conflict Divorce: Learn how to navigate the turbulent waters of a high-conflict divorce, including strategies to manage disputes and safeguard your interests. Manage conflict.

  11. Questions to Ask a Divorce Lawyer: Prepare for your consultations by knowing the critical questions to ask your divorce lawyer, ensuring you cover all necessary ground. Prepare your questions.

Each resource is tailored to provide clarity and support, helping you make informed decisions during this pivotal phase of your life.

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Offsite Resources You May Find Helpful

Here are some offsite resources that provide valuable information related to divorce and family law. These resources can offer additional support and guidance through various aspects of the divorce process:

  • American Bar Association (ABA) – Family Law Section: The ABA’s Family Law Section offers resources, publications, and continuing legal education that could be beneficial to understand the legal aspects of divorce.

  • National Association of Divorce Professionals (NADP): The NADP is a network of professionals who serve clients going through a divorce. Their website has resources and can help you find professionals like financial advisors or therapists who specialize in this area.

  • DivorceNet by Nolo: Provides free legal information and resources, including articles on the divorce process, child custody, support, and division of property.
  • Legal Information Institute (LII) at Cornell Law School: A research and electronic publishing activity of Cornell Law School which provides free access to United States legal information, including family law.

  • Psychology Today – Divorce Section: Offers articles and resources on the psychological aspects of divorce, including coping strategies and how to care for your mental health during this time.

  • National Parents Organization (NPO): Focuses on promoting shared parenting and reforming family law practices. A useful resource for parents seeking information on co-parenting and child custody issues post-divorce.


These resources are intended to complement legal advice and support from professionals like The Rosenblum Allen Law Firm and should not be used as substitutes for legal counsel.

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A Special Message From Our Lead Attorney

Why You Might Need a Lawyer

Molly Rosenblum, Esq

Headshot of Molly Rosenblum Allen, attorney at law, with long blond hair and wearing a black blazer. Molly Rosenblum Allen is the founder and managing attorney of Rosenblum Allen Law.

Dear Reader,

Thank you sincerely for taking the time to engage with our divorce resources. I hope you have found the information enlightening and provided you with a clearer understanding of the steps ahead.

Divorce can be a complex and emotionally taxing journey, but you don’t have to navigate it alone. My team and I at The Rosenblum Allen Law Firm are committed to providing compassionate and competent legal support to help you through this challenging time.

If you’re ready to discuss your situation and get the ball rolling, please call us directly at (702) 433-2889.

We are here to listen to your needs and to work with you to strategize the best course of action for your unique circumstances.

Warm regards,
Molly Rosenblum, Esq.

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