Sometimes, couples are not ready to divorce but still need to live apart from each other, whether briefly or in the long run. An alternative to divorce that holds out hope for reconciliation is legal separation — known in Nevada as “separate maintenance.” This legal procedure raises a number of issues that also arise in divorce. At Miley Law Firm, I can advise you on what legal separation involves and what you need to do to achieve it and can represent you in court and in related matters.
Legal separation, or separate maintenance, is a court procedure by which a married couple create separate households. As with a divorce, the procedure may involve property division, alimony, child custody and child support. Unlike divorce, however, legal separation imposes significant limitations on the spouses. Often, a separate maintenance order will prohibit you from selling or otherwise disposing of your property. Nevada law also prohibits lump sum payments of alimony or child support. On the other hand, separation has some advantages over divorce. For instance, it allows a spouse to continue to benefit from a family health insurance policy. It may also give you and your spouse an opportunity to reconcile your differences without living together. I can explain the separate-maintenance process and advise you on all the relevant issues.
A married couple can file for separate maintenance in any of these circumstances:
The first three circumstances are also grounds for divorce in Nevada; the last one is only a ground for separate maintenance.
The process begins by one or both spouses filing a signed, notarized petition in state district court. If the spouses agree on all key issues, they may file a written, signed agreement with the petition and the court will likely incorporate its terms into the maintenance order. If not, the court will need to decide the unresolved issues. In contested cases, the court will hold a hearing, at which each spouse has the opportunity to be heard. Importantly, the order cannot violate the terms of a valid prenuptial agreement.
An experienced family lawyer can provide trustworthy advice on legal separation and represent you in the court proceeding. Nevada law does not provide for legal separation of domestic partnerships. However, domestic partners may informally separate if they can agree to all important issues, and I can provide assistance in this regard.
The Miley Law Firm advises Nevada clients regarding legal separation and related issues. Please call 702-850-3600 or contact me online to make an appointment for a meeting at my Las Vegas office.
""Wow!! Mr. Miley was amazing. His office ladies are awesome as well. He more than took care of my citation. I can’t thank him enough. In Las Vegas it’s hard to find an honest attorney. Well he is more than that as he treats you like a real person. Thank you!" " - Michelle H.
"They made a difficult situation (divorce) easier to deal with. All of the staff are polite and professional." " - Marie M
"This law firm helped me tremendously. I ended up in a really nasty Divorce battle that scared the heck out of me. Miley was extremely confident and understood the law (and what protected me) and he put a plan together that got me the exact results he said it would. His office Manager Pam was as professional as they get. She always answered my calls and she was very prompt with whatever needed to be done (filing motion paperwork, mailings, etc). The work this team did was worth every dollar I spent." - ognewwavy
"Mr. Miley has handled my child custody case for years and I can always count on him to always do a great job and I trust him. I recommend him without any doubt. He will do a phenomenal job." - Freddie Mateo jr
"I met with Miley on two occasions once for a consultation the other to decide if I'd use his service. Miley comes off as a strong attorney that will get you remedy(like most attorneys) which is good bc they want new clients. His staff is friendly & professional when it comes to there client needs. However, I never used Miley Law Firm because at each meeting I felt rushed as if Miley wasn't listening to what I needed achieved but wanted me to pay to get started. That was a problem for me my situation was very complex and needed to be evaluated thourghly to represent me. I didn't see Miley doing that in fact all I saw coming was invoices in the near future from Miley not breaking my case down strategically. " - Paris Baker