Legal Separation
Protecting Your Rights When Divorce Isn’t the Right Option
Not every couple who lives apart is ready to divorce.
In Nevada, legal separation—called separate maintenance—allows spouses to live separately while remaining legally married. It provides court-ordered clarity around finances, parenting, and responsibilities without ending the marriage.
At The Cooley Law Firm, we help clients throughout Las Vegas and Clark County navigate legal separation with care, discretion, and experience. Attorney Shelly Booth Cooley works with you to create clear, enforceable orders that protect your interests during this transition.
What Is Separate Maintenance?
Under NRS Chapter 125, a spouse may file for separate maintenance to obtain court orders for:
Spousal support (alimony)
Child custody and visitation
Child support
Use and possession of the marital home or property
Allocation of debts and ongoing expenses
A separate maintenance decree does not end the marriage.
You remain legally married, which means:
Neither spouse may remarry
Financial and parenting rights are clearly defined
Court orders are enforceable
Why Choose Legal Separation?
Couples choose legal separation for many reasons, including:
Religious or moral beliefs that discourage divorce
The need to maintain health insurance or military benefits
Desire for financial structure before deciding on divorce
Time and space to work toward reconciliation
Immediate need for court-ordered support or custody protections
Legal separation offers many of the same protections as divorce—without dissolving the marriage.
How Separate Maintenance Works
Uncontested Separate Maintenance
When both spouses agree, they may file a Joint Petition for Separate Maintenance.
This allows the parties to:
Set support and custody terms by agreement
Avoid unnecessary conflict
Resolve issues efficiently and privately
Contested Separate Maintenance
If spouses cannot agree, one party may file a contested separate maintenance action.
This process:
Follows Nevada family court procedures
Allows the court to resolve disputes
Results in enforceable court orders
A contested separation functions much like a divorce—except the marriage remains intact.
If circumstances change, the parties may later:
Convert the case to a divorce, or
Dismiss the action if reconciliation occurs
Legal Separation vs. Divorce
This chart helps clients understand which approach best meets their emotional, financial, and practical needs.
| Marital Status | Still legally married | Marriage legally dissolved |
| Property Division | Assign possession of real or personal property only | Final division of community assets and debts |
| Support Orders | Alimony and child support allowed | Alimony and child support allowed |
| Custody Orders | Same as in divorce | Same as in divorce |
| Ability to Remarry | No | Yes |
| Health / Military Benefits | May continue for a spouse | Typically, end after divorce |
| Conversion | Can later convert to divorce decree | Permanent termination of marriage |
The Cooley Law Firm Approach
We take a thoughtful, practical approach to legal separation.
Our services include:
Helping you decide whether separation or divorce fits your goals
Preparing accurate pleadings and disclosures
Negotiating support, custody, and financial terms
Protecting your interests in property and retirement matters
Handling future modifications or conversion to divorce
Attorney Shelly Booth Cooley brings both legal precision and a deep understanding of the personal dynamics involved when spouses choose to live apart.
Protecting Your Family and Your Future
Legal separation can provide structure, protection, and breathing room while you decide what comes next.
With experienced legal guidance, you can protect your finances, your family, and your peace of mind.
Ready to Talk?
Contact The Cooley Law Firm to schedule a confidential consultation with Shelly Booth Cooley, an experienced Nevada family law attorney, Certified Family Law Specialist, and Fellow of the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.
We are here to help you choose the path that best supports your future.
