If you don`t want or aren`t sure about dissolving your marriage, legal separation from your spouse is an option you may want to consider. There are spouses who believe that separation is more profitable than divorce. However, many of the issues that need to be resolved during a divorce must also be addressed if the spouses decide to separate. Some of the issues that need to be discussed are: Like divorces, legal separations deal with issues such as alimony, property arrangements, child support, and custody. For example, Nebraska Statutes 42-364.17 state that all legal separation orders must include financial arrangements for custody of the children of the marriage. This includes agreements where a parent provides medical, dental, day care, education and any other expenses related to child support or child care obligations. In legal separation proceedings, money awarded for spousal and child support may be called “separate support” and not child support. A lawyer may file an application for interim relief for a separate interim maintenance order. The final issues to be decided by the court in a legal separation case are very similar to a divorce case in which the court of first instance has the following power: custody of children in the event of dissolution or legal separation is determined on the basis of the best interests of minor children, with the aim of: maintaining the permanent participation of both parents in the lives of minor children. Naturally, people can be confused about what it means to be separated. In Nebraska, however, there is only one type of separation recognized by law and jurisprudence, and that is a permanent legal separation.

However, it is possible for married couples to take interim steps before a legal separation is ordered by a Nebraska court. However, there is an important difference, as the rights of the parties to property and children are not affected until a legal separation is ordered by the judge. It is important to understand when the property is matrimonial or joint property as opposed to individual or separate property. What is the difference between legal separation and divorce? Nebraska law has two methods of. We do not often recommend legal separations to our clients. In two particular cases, however, a legal separation may be appropriate: In Nebraska, a sheriff or legal authority must deliver the complaint to the defendant. The court does not issue a decision on legal separation unless the defendant is formally and duly informed of the application. If the defendant cannot be served because he cannot be found, the plaintiff must apply to the court for permission to use other methods such as service by publication or service by mail.

Legal separation is like divorce. However, they remain married with a legal separation. Each petition for divorce must include a statement asking the court to approve the division of assets and debts. Many times the parties have been separated for a long time, and things have already been divided between them. In this case, the court only wants to approve the division. In practice, the court will not deal with the division agreed upon with your spouse unless one of you objects or the judge finds that the division is not fair. Once the court has made a decision on legal separation, you cannot change the complaint to file for divorce. Instead, you will have to file a new complaint for divorce. Read our articles on divorce and custody in Nebraska to better understand the way forward. Learning more about the Nebraska divorce process will improve your communication skills with your divorce attorney, which will help you achieve your goals in Nebraska Family Court. Complaints about legal separation and divorce are somewhat different. Instead of pretending that there is no way to save your marriage, you claim that you and your spouse are living apart.

Also, the caption of your complaint says “Appeal for Legal Separation” instead of a divorce complaint. A sample is attached. For legal separation, Nebraska does not have a residency requirement, but if the residency requirement for divorce is met after the separation petition is filed, the applicant spouse may change the continuation of the separation upon dissolution. Under Nebraska law, a person is more likely to divorce 60 days after filing the paperwork in court. Realistically, the timeframe is closer to 90-120 days. You can change your legal separation complaint to a divorce complaint if: Nebraska`s legal separation laws are found in Chapter 42 of the Revised Laws of Nebraska. There may be other personal reasons for preferring legal separation to divorce. Again, the main difference is the legal status of the marriage itself, so the choice depends on your personal preferences and what is bet for the parties. If you have any questions about legal separation, divorce, or just want to talk to Berkshire & Burmeister`s family law lawyers, give us a call or contact us today! In a legal separation action, the parties remain legally married, but all other aspects of their marital relationship are separated. The parties cannot remarry, but issues such as custody, alimony, division of assets and debts can become legally enforceable.

This is an attractive option for people who do not believe in divorce for religious or other reasons. Legal separation can also be attractive to new Nebraska residents, as there is no permanent residency requirement for legal separation. For example, applicants who cannot meet the one-year residency requirement for dissolution because they have not lived in Nebraska long enough may bring an action for separation from bed and board and, once the required period of residence is reached, amend the application to seek dissolution. It is important to understand that physical separation from your spouse is not a legal separation. Legal separation is a formal court case, almost exactly like a divorce. It is initiated by the filing of an action for separation. A qualified divorce attorney in Omaha will inform you of your rights and obligations that will remain during a separation. A legal separation in Nebraska is identical to a divorce in all legal matters, except that it does not end the marriage. Unlike an informal separation, a judge grants legal separation, and court orders are enforceable as law. Legally separated couples can live separately, but they cannot remarry because they are still legally married. Call Nebraska Legal Group at 402.509.7033 for more information about your legal separation and divorce options.

We provide legal advice to people in various cities in Nebraska and Iowa. Our divorce and family law attorneys in our Omaha offices are available to answer your questions and concerns during a consultation. Nebraska law provides that service may be obtained by “publication” with court approval. This means that your local newspaper will indicate that you have filed for divorce.