Nebraska Legal Separation Attorney

What Can Be Accomplished Through a Legal Separation?

A legal separation can accomplish everything a divorce can, with one key difference. At the end of the proceeding, the parties remain legally married. Even though the marriage is not dissolved, all major issues are still addressed, including:

• Child custody
• Alimony
• Property division

It’s important to understand that both parties must agree to pursue a legal separation. If one spouse files a counterclaim for divorce, the case will no longer proceed as a legal separation and will instead move forward as 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