At McGill Law, we have a fair number of clients who need our assistance to obtain a divorce, however they don’t qualify under Nebraska law. More often than not, this is because they don’t satisfy the jurisdiction requirement (i.e., they haven’t lived in Nebraska for one year.) Sometimes, however, they want to be separated and not divorced for religious reasons or they want to separate on a trial basis. Other times there are financial reasons for not divorcing such as remaining married to qualify for health insurance coverage or for inheritance purposes. For any one of these reasons or simply because someone is not ready to be divorced, a legal separation is a viable alternative.
In the initial pleading, Complaint for a Legal Separation, you don’t have to allege that the marriage is irretrievably broken like in a divorce. Rather, you simply allege that you and your spouse must live apart. Indeed, according to Nebraska law, married couples who decide to legally separate are required to live physically apart in separate locations. Like in a divorce, the Complaint must be served on the other party, or a Voluntary Appearance must be signed. Once service occurs, the action officially begins.
Although you are still considered married, a legal separation is like a divorce in that the Court may still order specific provisions regarding assets, debts, support, custody, and parenting time. Of course, you and your spouse can agree on these things in which case, like a divorce, a stipulated temporary Order may be entered by the Court. In such an order, temporary possession of the home, custody of the children, child support and spousal support may be implemented while the case is pending. Ultimately, the Court may also enter a final Decree which is usually via a stipulation since most separation actions do not go to trial. This can be done by never having to appear in Court as long as the mandatory 60 days has passed, and you and your spouse sign a waiver of hearing. In the separation Decree, the Court will order an equitable division of assets, debts, custody, support, and parenting time. If the parties needed to satisfy the one-year residency requirement or if they wish to be divorced, they may then choose to convert the separation to a divorce. This can be done by simply filing the appropriate amended pleading or motion with the Court.
A Decree of Legal Separation is a final order just like a Divorce Decree. It can be enforced by either party, and it can remain in place unless a subsequent order is entered like a Divorce Decree or an Order vacating in the event the parties reconcile. Whatever your situation, your team at McGill Law will ask the important questions and listen intently to ensure we file the action that is most fitting for you. With offices in Omaha, Bellevue, and Lincoln, we will meet you wherever it is most convenient. Contact our office today to schedule a consultation.