Legal Separation vs. Divorce in Nebraska
March 14, 2025
Divorce or Legal Separation. What is a legal separation anyway?
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In Nebraska, legal separation refers to the conscious decision of a couple to live apart while remaining married. Here are some key points about legal separation in Nebraska:
- Residence Requirement: In a legal separation, couples must reside separately and physically apart. Living in different bedrooms in the same house doesn’t constitute a separation under Nebraska law.
- Legal Proceedings: You can seek a formal legal separation by filing a petition with the court. A judge will schedule a hearing to consider factors such as each spouse’s assets and debts, income and earning potential, the best interests of any children, and whether there’s any possibility of reconciliation.
- Benefits: In a legal separation case, a court can divide up property and debt between the parties, and award alimony. If the case involves children who have lived in Nebraska for 6 months, a court can also make decisions regarding them.
- Limitations: The parties continue to be legally married and are unable to remarry. However, all other aspects of their marital relationship are severed.
In Nebraska, the process of divorce involves several steps. Here are the essential aspects:
- Eligibility:
- To file for divorce in Nebraska, you or your spouse must have resided in the state for at least twelve months.
- The state follows a no-fault divorce law, meaning that the judge does not assign blame but focuses on custody, property division, debt allocation, and alimony.
- Simplified Divorce:
- If your situation meets specific criteria, you can pursue a simplified divorce: No children under the age of 19.
- No real property (real estate), significant personal property or ongoing business disputes.
- Full awareness of all debts incurred during the marriage and an agreement on who will pay each debt.
- A simple divorce typically takes about six months.
- Filing Process:
- Here are the main steps to initiate a divorce in Nebraska:
- File a Complaint for Dissolution of Marriage in the district court of the county where you reside.
- Submit a Vital Statistics Certificate
The Nebraska alimony statute is outlined in Nebraska Revised Statute 42-365. It provides guidelines for awarding alimony during divorce proceedings, considering factors such as the duration of the marriage, contributions to the marriage, and the financial circumstances of both parties. Alimony is intended to support one spouse when the economic circumstances make it appropriate. The statute also addresses the modification, revocation, and termination of alimony orders.
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In Nebraska, equitable division is a three-step process 1. The first step is to classify the parties’ property as marital or nonmarital. The second step is to value the marital assets and marital liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties.
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According to Nebraska Revised Statute 43-1411, a civil proceeding to establish the paternity of a child may be instituted by the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth, unless a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption1. The proceeding may be instituted in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled1. The guardian or next friend of such child or the state may also institute the proceeding either during pregnancy or within eighteen years after the child’s birth.
Custody & Parenting Time; Matters to Consider in Your Divorce or Paternity Case
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Stephen D. Stroh is an AV Rated, experienced, divorce attorney & child custody lawyer that provides aggressive legal representation in contested custody & divorce cases, and has done so for the past 23 years. He specializes in high conflict divorce, child custody, modification, removal and paternity cases.
Divorce attorney and child custody lawyer. Nebraska legal representation handling matters in Douglas, Lancaster, Sarpy, Cass, Saunders, Washington, Dodge, Colfax, Platte, Madison, Gage, Otoe & Burt counties.
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