If you have grounds for getting divorced, then you have grounds to get legally separated. There is no situation where you are eligible for a divorce and not a legal separation. Nevada is a no-fault divorce state. The most common reason for a divorce or legal separation is incompatibility. Though you can also sue for divorce or legal separation when: your spouse has been legally insane for at least two (2) years; or you and your spouse have lived apart for at least one (1) year. One situation where you have grounds for legal separation (but not divorce) is when your spouse has deserted you, and the desertion has continued for at least 90 days.