Separation Agreement Protecting What Matters Most

Las Vegas Separation Agreement Attorney

Family Law Only. 8,000+ Cases. Serving Las Vegas & Henderson Since 2010.

Not every marriage ends in immediate divorce. When spouses need legal structure around custody, support, and property while remaining married, a separation agreement gives them a defined path forward. Smith Legal Group has handled more than 8,000 family law cases in Las Vegas, Henderson, and beyond since 2010, and our practice is limited entirely to family law.

We prepare and file separation agreement paperwork with Clark County Family Court whether both spouses are moving forward together or only one spouse is initiating the process. You don’t need your spouse’s participation to get started.

Ready to talk through your options? Call us at (702) 919-5956 to schedule a free case evaluation, available remotely and on your schedule.

What Sets Smith Legal Group Apart

Our attorneys bring decades of combined family law experience to every case, and we take an individualized approach because no two families face the same circumstances. If your situation is urgent, we offer appointments after hours and on weekends. Our legal team includes Spanish-speaking staff, and we maintain a trial-ready approach throughout every case.

What a Separation Agreement Means Under Nevada Law

Nevada doesn’t use the term “legal separation.” The correct term is separate maintenance, governed by NRS 125.190. Spouses who obtain a separate maintenance order remain legally married and can’t remarry unless they later file for divorce.

An informal written agreement between spouses isn’t a legal separation on its own. For terms addressing asset division, custody, and support to be enforceable, a court must issue an order. One spouse can request a separate maintenance order even without the other’s agreement, though resolving contested terms generally requires either mutual agreement or court resolution of the disputed issues.

We’ve helped clients prepare separation agreements covering asset division, child custody, and child support for families choosing to live apart while staying legally married.

Why Couples Choose Separation Over Divorce

The reasons vary by family. Some spouses want to preserve shared health insurance coverage or other financial benefits tied to remaining married. Others choose separation to maintain stability for their children while working through whether divorce is the right long-term decision. Staying separated rather than divorcing can also limit each spouse’s exposure to debts the other incurs after the separation begins.

If the couple later decides to divorce, terms from the separation agreement are often incorporated into the divorce settlement, avoiding the need to renegotiate everything from scratch. For some couples, the separation period leads to reconciliation instead.

Easy to Talk To
“I can’t recommend Kurt Smith enough! He made the whole process smooth and stress-free. Super knowledgeable, professional, and easy to talk to. You can tell he really cares about helping people.”

- Brianna G.
Exceeded My Expectations
“I had an excellent experience! Their team was professional, knowledgeable, and truly dedicated to my case. They took the time to explain every step of the process and made sure I felt confident and informed throughout.”

- Former Client
They Really Care
“Everyone on their team was kind, patient, and explained everything in a way I could actually understand. They treated me with respect and made me feel supported the entire time. Everything worked out even better than I expected.”

- Mollie Z.

What a Nevada Separation Agreement Can Resolve

A separate maintenance order covers the same core issues as a divorce decree. Nevada is a community property state, so property and debts acquired during the marriage are generally divided equally, while assets owned before marriage or received through gift or inheritance remain separate. A court can address all of the following in a separate maintenance proceeding:

Community property division: Real estate, financial accounts, vehicles, and other marital assets
Marital debt allocation: Credit cards, loans, and other shared obligations
Child custody arrangements: Legal and physical custody, parenting time, and decision-making authority
Child support: Calculated using the same standards applied in a Nevada divorce
Spousal support: Separate maintenance proceedings allow a court to order support payments between spouses

Under NRS 125.190, a request for separate maintenance can rely on the same grounds that support a Nevada divorce filing, such as incompatibility or living apart for at least one year. Desertion that has continued for at least 90 days is also a valid ground, available specifically for separate maintenance rather than divorce.

How the Separate Maintenance Process Works in Clark County

Separate maintenance matters in Clark County are heard by the Family Division of the Eighth Judicial District Court. Generally, at least one spouse must have resided in Nevada for six weeks before the court can exercise jurisdiction over a filing.

We assist clients with reviewing, completing, and filing all required paperwork with Clark County Family Court, whether both spouses file jointly or one spouse proceeds individually. What comes next depends on whether the filing is contested.

A few procedural realities worth knowing:

Modification: A separate maintenance order can be modified later if either spouse’s circumstances change, such as a significant shift in income affecting support payments
Enforcement: Once an order is in place, either spouse can ask the court to enforce its terms if the other doesn’t comply
Conversion to divorce: If one spouse later files for divorce, the separate maintenance case doesn’t automatically become a divorce proceeding; a separate divorce filing is generally required

We work with clients through each stage, from the initial filing to any modifications that may become necessary later.

Schedule a Free Consultation with a Separation Agreement Lawyer in Las Vegas

If you’re considering a separation agreement in Las Vegas or Henderson and want to understand your options before making any decisions, we’re here to help. Our free case evaluations are available remotely and at times that fit your schedule, including evenings and weekends.

Smith Legal Group focuses exclusively on family law. When you call us, you’re reaching attorneys whose full attention is on cases like yours.

Call (702) 919-5956 to speak with a separation agreement attorney at Smith Legal Group and get clear answers before you decide on your next step.

Trial-Ready When It Matters Most

While we work toward practical resolutions whenever possible, we are fully prepared to fight in court when your children, finances, or future is on the line.
Trusted in High-Stakes Cases

With thousands of family law matters handled across Nevada, we combine local court knowledge, strategic urgency, and personalized guidance to help you.
Built Around Real Client Support

From free consultations and flexible payment plans to after-hours appointments, we prioritize accessibility, responsiveness, and making you feel heard during difficult transitions.
Family Law Is All We Do

We handle only family law matters, giving you the advantage of a team deeply experienced in divorce, custody, support, adoption, and other complex family disputes.