Are you looking for a legal separation lawyer in Las Vegas, NV?
At Rosenblum Allen Family & Divorce Lawyers, we provide legal separation representation grounded in more than two decades of family law work in Las Vegas and the surrounding area.
If you want to live apart from your spouse and settle your finances without ending the marriage, a legal separation may be the right step, and an attorney can structure it to protect what matters to you. Our Las Vegas, NV legal separation lawyer prepares your petition for separate maintenance and works out custody, support, and property while the marriage stays intact. At Rosenblum Allen Family & Divorce Lawyers, our attorneys handle separation and divorce with the same care. Contact our office to schedule a consultation and talk through your options.
Legal Separation Lawyer Las Vegas, NV
Clark County issued 76,779 marriage licenses in 2024, more per capita than any county in the country, according to the Clark County Clerk. Not every marriage lasts, and not every couple who separates is ready to divorce.
Legal separation, which Nevada calls separate maintenance, lets a married couple live apart and settle the same issues a divorce would, without ending the marriage. Under the separate maintenance statute, a court can divide property, set custody and child support, and order spousal support, while the spouses stay legally married. That status is the reason some couples choose it, since it can preserve health insurance, tax benefits, or religious standing that a divorce would end. A legal separation attorney in Las Vegas prepares the petition and works out those terms.
Types of Legal Separation Cases We Handle in Las Vegas
A separate maintenance case can resolve the same matters as a divorce, and it can later become one. The situations below are the ones we handle most often for separating couples.
- Child custody. A separation decree can set a full parenting plan. We negotiate or litigate custody the same way we would in a divorce.
- Property division. The court can divide community property in a separation. We make sure the split is clear, documented, and enforceable.
- Spousal support. A separation can include an alimony order. We work out support that reflects the income and needs of both households, and because the marriage continues, the tax treatment of that support can differ from a divorce, so we account for it.
- Child support. Support follows Nevada guidelines in a separation, the same as in a divorce. We handle the calculation and the add-ons like insurance and childcare.
- Separation for health or religious reasons. Some couples separate to keep insurance in place or to honor a belief against divorce. Keeping a spouse on an employer health plan can save a household thousands of dollars a year, and a separation can preserve that coverage. We build the decree around those goals.
- Trial separation before a decision. Not every couple is sure. We can put temporary terms in place while you decide whether to reconcile or move forward.
- Uncontested divorce. When a separation is ready to become a divorce, we handle the transition. We move it forward efficiently when both spouses agree.
Why Choose Rosenblum Allen Family & Divorce Lawyers as my Legal Separation Lawyer in Las Vegas, NV?
Family Law Depth on Both Paths
Legal separation resolves the same money and family questions as a divorce, so it calls for the same depth. Molly S. Rosenblum founded the firm in 2005 and brings a business background to the financial side of a separation. She belongs to the Nevada Justice Association, and she is a certified Parenting Coordinator and a member of the Association of Family and Conciliation Courts. Sheila Tajbakhsh joined the firm as a law clerk while still in law school and has built her family law practice over nine years. Both are members of the Clark County Bar Association.
A Practical Read on Separation Versus Divorce
Separation is not always the right answer, and part of our job is to tell you when a divorce would serve you better. Our attorneys have negotiated and litigated the full range of family matters, from custody to complex property division. We look at your finances, your benefits, and your goals before recommending a path. If a divorce later becomes the right move, we can convert the case without starting over. Results depend on the facts of your case and on what each spouse is willing to agree to.
Understanding Legal Separation Cases
How Legal Separation Works in Nevada
Legal separation in Nevada runs on the separate maintenance statute, and the process closely tracks a divorce. One spouse files a petition asking the court to decide custody, support, and property while keeping the marriage legally in place. Nevada requires at least six weeks of residency before you can file, the same threshold a divorce carries.
The couple can settle the terms by agreement or ask the court to decide the contested issues. Once the judge signs a decree of separate maintenance, the orders on custody, support, and property take effect, but the marriage itself continues. Either spouse can later ask the court to convert the case into a divorce, and a spouse who wants a divorce can usually get one even if the other would rather stay separated.
What Should You Bring to Your Legal Separation Consultation?
A clear financial picture helps us map your options at the first meeting.
- A list of assets and debts, including accounts, property, and retirement.
- Recent tax returns and proof of income.
- Details on health insurance and other benefits tied to the marriage.
- Information about your children and any current parenting schedule.
- Any prenuptial or postnuptial agreement.
What Are Important Aspects of a Legal Separation?
A legal separation looks a lot like a divorce, but a few differences shape the decision. The core distinction between legal separation and divorce is that the marriage continues, which is why some couples keep the health insurance and tax status that a divorce would end.
- You stay legally married, so neither spouse can remarry.
- The court can still divide community property and order support.
- A decree can be changed or dissolved if you reconcile.
- Your spouse may respond by asking the court for a divorce instead.
- Religious or personal beliefs sometimes make separation the better fit.
What Is the Legal Separation Timeline?
The pace depends on whether you and your spouse agree on the terms.
- One spouse files a petition for separate maintenance.
- The other spouse is served and files a response.
- The parties exchange financial information and negotiate, or prepare for a hearing.
- The court resolves any issues the couple cannot settle.
- The court enters a decree of separate maintenance, and the orders take effect.
Las Vegas Family Court and Local Resources
A separate maintenance case is filed in the same court that handles divorces, the Eighth Judicial District Court in Clark County. The judge applies the same family law rules, so the quality of your petition and your evidence matters as much as it would in a divorce. The filing itself is straightforward, but the terms of the decree shape your finances and your parenting for years, so they deserve real care. Choosing separation over divorce is a strategic decision, and it is worth making with an attorney who can weigh the trade-offs with you.
Reach Out to Rosenblum Allen Family & Divorce Lawyers to Schedule a Consultation
Staying married on paper can protect more than you might expect. Our Las Vegas legal separation attorneys can explain what a separate maintenance decree would cover and whether it serves your goals better than a divorce. At Rosenblum Allen Family & Divorce Lawyers, we will walk you through the process and the trade-offs before you decide. Contact us to schedule your consultation.