It is important to understand 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.
Nebraska Legal Separation Attorney
What Is the Meaning of Legal 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
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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 and Iowa. Our divorce and family law attorneys in our Omaha offices are available to answer your questions and address your concerns during a consultation.
Need Legal Assistance From a Nebraska Legal Separation Attorney?
Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.
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Frequently Asked Questions
Does legal separation affect health insurance?
Parties often try to avoid losing their spouse’s insurance coverage by entering into a legal separation rather than a divorce. While this may be technically correct, many, but not all insurance companies will cancel insurance based upon a decree of legal separation.
How does legal separation work?
The process for a legal separation is almost exactly the same as that of a divorce. The only real difference is that a petition for legal separation is filed to open the case rather than a petition for dissolution. And at the end of the case, the parties receive a decree of legal separation instead of a decree of dissolution. Otherwise, the internal process of the cases are the same.
How is legal separation different from a divorce?
A legal separation and a divorce both address the same legal issues. The only difference is that the parties are divorced at the end of a divorce case, but are still married at the end of a legal separation.
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