Separate Maintenance Lawyers

Why Choose Separate Maintenance?

You might be wondering why someone would opt for separate maintenance instead of divorce. There are several reasons why this legal process might be the best choice for your unique circumstances.

Some couples have religious objections to divorce but still need a legal framework to manage their separation. Separate maintenance provides a way to live apart and divide responsibilities without conflicting with religious beliefs that prohibit divorce.

Another common reason for choosing separate maintenance is to preserve important benefits. For instance, you might want to keep a spouse on your health insurance plan, which would typically not be possible after a divorce. Separate maintenance allows you to maintain these benefits while still establishing clear legal boundaries in your relationship.

Lastly, some couples simply aren’t ready to make the final decision to divorce. Separate maintenance can provide a structured way to live apart, giving you time to reflect on your relationship and decide whether reconciliation or divorce is the best path forward. It offers a middle ground that can be especially helpful when you’re unsure about permanently ending your marriage.

How Kelleher & Kelleher Can Help With Separate Maintenance

Setting up separate maintenance agreements can be challenging, but you don’t have to do it alone. At Kelleher & Kelleher, our team of experienced Las Vegas separate maintenance attorneys is here to guide you through every step of the process.

We start by taking the time to understand your unique situation. Every family is different, and we believe in providing personalized attention to ensure we’re addressing your specific needs and concerns. We’ll explain all your legal options, helping you understand the pros and cons of separate maintenance compared to other alternatives like divorce.

If you decide that separate maintenance is the right choice for you, we’ll use our deep knowledge of Nevada family law to draft a comprehensive separate maintenance agreement. This document will cover all aspects of your separation, from financial responsibilities to child custody arrangements. We’ll ensure that your interests are protected and that the agreement is fair and equitable.

Throughout the process, we’ll be by your side, answering your questions, addressing your concerns, and fighting to protect your financial interests during this period of separation. Our goal is to provide you with peace of mind during what can be a challenging and emotional time.

Separate Maintenance vs. Divorce: What’s the Difference?

The most significant difference is that separate maintenance doesn’t end your marriage. You and your spouse remain legally married, even though you’re living apart and have a court-approved agreement governing your separation.

Another key distinction is that separate maintenance agreements can be modified more easily than divorce decrees. If your circumstances change, you can generally return to court to adjust the terms of your separate maintenance agreement. While some aspects of a divorce decree can be modified (like child support or custody), other elements like property division are typically final.

It’s also worth noting that separate maintenance is relatively rare in Nevada compared to divorce. This doesn’t mean it’s not a valid or useful option, but it does mean that many people may not be familiar with the concept. That’s why having an experienced family law attorney like those at Kelleher & Kelleher is so important when considering separate maintenance.

Lastly, a separate maintenance decree doesn’t prevent either party from filing for divorce in the future. If you ultimately decide that divorce is the right choice, you can still pursue that option. In many cases, the terms of your separate maintenance agreement can serve as a starting point for your divorce settlement.

The Legal Process of Separate Maintenance

The process of obtaining a separate maintenance decree in Nevada involves several steps, and having an experienced attorney from Kelleher & Kelleher can make this process smoother and less stressful.

The first step is filing a petition for separate maintenance with the court. This document outlines why you’re seeking separate maintenance and what terms you’re proposing for your separation. Our attorneys can help you prepare this petition, ensuring that it accurately represents your situation and desired outcomes.

Once the petition is filed, your spouse will have the opportunity to respond. This is where negotiations often begin. At Kelleher & Kelleher, we excel at negotiation. We’ll work diligently to reach an agreement with your spouse on all aspects of your separation, from financial matters to child custody arrangements. Our goal is to achieve a fair and equitable agreement that protects your interests.

If you and your spouse can reach an agreement, we’ll present it to the court for approval. A judge will review the agreement to ensure it’s fair and meets legal requirements. If the judge approves, they’ll issue a separate maintenance decree, which becomes a legally binding document governing your separation.

In cases where an agreement can’t be reached through negotiation, we’re prepared to represent you in court. We’ll present your case to the judge, arguing for terms that serve your best interests. Our extensive experience in Nevada family courts allows us to navigate this process effectively.

Once a separate maintenance decree is in place, our job isn’t over. We’ll help ensure that the terms of the agreement are followed. If your spouse fails to meet their obligations under the decree, we can help you enforce the agreement through the court system.

Remember, while a separate maintenance decree is legally binding, it’s not necessarily permanent. If your circumstances change, you may need to modify the agreement. At Kelleher & Kelleher, we’re here to help with modifications as well, ensuring that your separate maintenance agreement continues to serve your needs as your life evolves.

Why Choose Kelleher & Kelleher?

When you’re dealing with something as important as separate maintenance, you need a law firm you can trust. At Kelleher & Kelleher, we offer a combination of experience, dedication, and compassion that sets us apart in the field of Nevada family law.

Our years of practice in Nevada family law have given us a deep understanding of the legal landscape. We know the intricacies of separate maintenance law, the tendencies of local judges, and the strategies that work best in Nevada courts. This experience allows us to provide you with informed, effective representation.

But experience alone isn’t enough. At Kelleher & Kelleher, we’re committed to achieving the best possible outcome for each and every client. We understand that your case isn’t just a file on our desk – it’s your life, your future, and often involves your children. That’s why we pour our energy and expertise into every case, fighting tirelessly for your rights and interests.

We also recognize that legal separation is often an emotional and stressful process. That’s why we approach every case with compassion and understanding. We’re here to listen to your concerns, answer your questions, and provide support throughout the legal process. Our goal is not just to be your attorneys, but to be your advocates and allies during this challenging time.

Contact Us Today

Don’t face the complexities of separate maintenance alone. At Kelleher & Kelleher, we’re ready to put our experience, dedication, and compassion to work for you. We invite you to reach out and schedule a consultation with one of our experienced attorneys.

You can call us at (702) 384-7494 to speak with a member of our team. We’re ready to listen to your story, answer your questions, and help you understand your options.