Nebraska Legal Separation
If you are not ready or not sure about dissolving your marriage, legally separating from your spouse is an option you can consider. It is important to understand, however, that just physically separating from your spouse is not a legal separation. A legal separation is a formal legal proceeding, almost exactly like a divorce. It is initiated with the filing of a complaint for separation.. A qualified Omaha divorce attorney will inform you of your rights and the obligations that still exist during a separation.
WHAT CAN BE ACCOMPLISHED THROUGH A LEGAL SEPARATION?
A legal separation can accomplish everything a divorce can, except at the end of the proceeding the parties still remain married. This means that all issues, including things like child custody, alimony and property division will be addressed in your legal separation. However, both parties must be in agreement regarding the legal separation. If either party files a counterclaim for divorce, the proceeding will then go from a legal separation to a divorce.
REASONS TO CHOOSE SEPARATION RATHER THAN DIVORCE
We do not often recommend legal separations to our clients. However, in two particular instances, a legal separation may be appropriate:
- You have not yet met the Nebraska residency requirements for filing for divorce but you need the protection of a legal separation
- You have religious reasons for which you do not want to be divorced, but you need to separate the rest of your estate from your spouse.
THINGS TO CONSIDER ONCE LEGAL SEPARATION GOES INTO EFFECT
There are spouses who believe that getting a separation is more cost effective than proceeding with a divorce. Yet, many of the issues that must be resolved during a divorce also need to be addressed when the spouses decide to separate. Some of the issues that need to be discussed are:
- Child custody and visitation schedules
- Child support payments
- Reviewing assets and debts acquired during the marriage to figure out which is community property and separate property
- Spousal support
- Which spouse will be responsible for paying certain debts
- Which spouse will have access to different properties and assets
CONTACT US TO SCHEDULE AN INITIAL CONSULTATION WITH AN OMAHA DIVORCE ATTORNEY
Call Nebraska Legal Group at 402-509-7033 if you are interested in finding out your options regarding legal separation and divorce. We provide legal assistance to people in various cities throughout Nebraska. Our family attorneys in our Omaha offices are available to answer your questions and address your concerns during a consultation.