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:

  1. 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.
  2. 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.
  3. Benefits: In a legal separation case, a court can divide up property and debt between the parties, and award alimonyIf the case involves children who have lived in Nebraska for 6 months, a court can also make decisions regarding them.
  4. Limitations: The parties continue to be legally married and are unable to remarryHowever, all other aspects of their marital relationship are severed.


In Nebraska, the process of divorce involves several steps.  Here are the essential aspects:

  1. Eligibility:
  1. Simplified Divorce:
  1. 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



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