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Nebraska Legal Separation

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.


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.


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.


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


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.

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Breanne Biehl

Todd is an incredible attorney. I’m not sure I will ever be able to thank him enough for what he has done for my daughter and I through and even after my divorce. He explains everything throughout the process and is a truly genuine person. I have already recommend him to friends and family and continue to recommend him to anyone that needs a great family attorney.

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Ryan McCoy

I have known of Dave and his success in family law for many years. No doubt that he has assembled the best team to bring top notch legal help to the metro. Decades of successful experience is what you need when trying to navigate such a tumultuous time in life. Nobody wants to go through a divorce, but it pays to have someone you can trust looking out for you and your interests.

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Chels Popanda

I would highly recommend Chris Pomerleau for a family lawyer. He was very detailed on explaining every step of the way. He always kept me informed. There are no words that can describe what it was like to find a lawyer that took my best interest in all he did. Chris is not my first lawyer and I would use him again if needed. The best family lawyer out there.

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Alee Guthrie

Greg Lake is an attorney I would recommend without hesitation to anyone facing a divorce case. He really listens to his clients, which I think is one of the most important things in a lawyer, and he stays focused on what is really important in your case. Highly recommended!

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Dan Workman

I was fortunate enough to have Megan Spomer take my case in the pursuit of the custody of my daughter. I was lost, confused, and didn’t know where to start. I thought all was lost… till I meet with Megan. She picked me up, gave me support, and confidence. Within months I had full custody of my daughter and without Megan it would have never been possible I thank you I praise you Megan Spomer. If your a man who does right by his children Megan is the attorney for you!!!