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Am I able to get a legal separation in Nebraska?

On Behalf of Reisinger Booth & Associates, P.C., L.L.O.  |  Oct 19, 2021  |  Divorce

There are many people in the Omaha area who might not want to divorce their spouses. For example, they may have religious or personal moral objections to divorce.

In other cases, there may be some financial or other advantages to staying married. In still other cases, a person may not be emotionally ready for the finality of a divorce.  They may likewise worry about the emotions of their children.

Just the same, they realize that they can longer live with their spouses and will need to be able to maintain a separate home. Oftentimes, taking this step requires formal legal protection.

Going through a legal separation is practically like going through a divorce

Nebraska is one of many states that recognizes a separate process called legal separation. At the end of a legal separation, the couple will remain legally married.

Otherwise, a judge is authorized to divide property, make decisions about child custody, parenting time and support and take other steps just as a judge would take in a divorce case.

One benefit of a legal separation is that people are not subject to the same residency requirements as they would be prior to filing for a divorce. On the other hand, both spouses have to be willing to continue a legal separation.

If one spouse wants a divorce instead, he or she will likely get his or her wish.

A legal separation is also no guarantee of an easy and conflict-free split. Couples can fight bitterly about how to divide property and over their children. It may be important for someone wanting a legal separation to have experienced legal representation to help them.

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