It can be an overwhelming and frustrating realization when you and your spouse start pushing for a divorce. However, you may want to reconsider your options. There are other avenues you can take before deciding on an option as final as divorce. You may be able to utilize one of these options and work on your marriage on your own terms before getting divorced. One of these options is a legal separation. A Nebraska divorce lawyer can help you weigh your options.

What Exactly Is Legal Separation?

At first glance, legal separation and divorce seem like two sides of the same coin. In many ways, they are, but they are also distinctly different when it comes to the legal definition of divorce. A legal separation is a court-approved agreement that allows a married couple to effectively end their marriage in every way except on paper.

They no longer live together, they may divide assets equitably, and they may even work out a custody arrangement, but it does not end the marriage.

Everybody has different problems in their marriage, and not every couple wants divorce to be their first and only option. Many couples may decide to try and work through those problems together but still need their space to reclaim their lives as individuals.

A legal separation can be a significant help with this, especially because couples are able to retain certain marital benefits like health insurance and social security. A legal separation gives each spouse space to consider the future.

You may be able to gain some much-needed perspective during your legal separation and decide if you ultimately want to stay in this marriage and make it work or if divorce is really the only option left for you. When you and your partner develop the separation agreement, you will need to decide on spousal support, child support, custody, asset division, and other factors that are also decided more permanently in a divorce.

Filing for Legal Separation in Nebraska

In Nebraska, the process for filing for legal separation is significantly easier than filing for divorce, even if the process feels similar, especially to an uncontested divorce. One of the most important differences is that you can always reverse a legal separation and end the process, while a divorce is much more final. Here are the steps you can take with the court to initiate legal separation that you and your spouse will have to take together:

  • Filing the petition. The legal separation process begins with filing a petition for legal separation with the right county court. Make sure you file your petition in the county that your spouse currently lives in. Otherwise, the petition may be denied. An experienced divorce lawyer can help you make sure your paperwork is properly filed.
  • Await a response. Once the petition is filed, a copy of the petition will be sent to your spouse. They will be provided with ample time to respond to the petition. It is likely that they are already fully aware that a petition for legal separation has been filed, as it is something you have spoken about and agreed to. This makes the whole process go smoother.
  • Attend a hearing. Once your spouse has responded to the petition, you may need to attend a hearing, either with or without your spouse. You may be able to avoid a hearing entirely if you meet certain requirements. If 60 days have passed because you filed the petition, both spouses agree that a hearing is unnecessary, or both spouses have provided written proof that they are living apart, a hearing likely won’t be needed.

FAQs

Q: How Does Legal Separation Differ From Divorce?

A: Legal separation differs from divorce in one significant way. A legal separation can be reversed at any time, while a divorce is considerably final. Both processes allow a couple to effectively end their relationship and pursue time apart, while a legal separation keeps the marriage intact. A divorce ends the marriage completely. Legal separation is often used as a practice run for a divorce.

Q: What Are the Advantages of Legal Separation?

A: Legal separation has many advantages, though every couple’s wants and needs are going to be different from everyone else’s. One of the biggest advantages of legal separation is it doesn’t have to be permanent. If you and your spouse ultimately decide to work things out, you can revoke the petition at any time and resume your marriage. You also have access to certain marital benefits during the separation, such as health insurance.

Q: What Are the Disadvantages of Legal Separation?

A: Because every couple’s needs for their relationship are different, legal separation is not going to be for everyone. The process has its disadvantages that are going to dissuade some people from trying it. One significant disadvantage is that in a legal separation, you and your spouse are still legally married and financially entangled. You cannot legally marry another person until you move forward with a divorce.

Q: Will I Need to Hire a Lawyer for My Legal Separation?

A: No, you do not need to hire a lawyer for your legal separation. There is no law that says you are required to hire legal representation for this process, though having someone in your corner who understands the complexities of family law can only benefit you in the long run. Having a lawyer present any time you are dealing with legal issues can be supremely beneficial, especially if any setbacks occur.

If You Need Assistance, Reach Out to a Lawyer

Accepting that your marriage is in jeopardy is not an easy thing to do. Many marriages suffer specifically because both spouses refuse to acknowledge that there is a problem. Choosing to give legal separation a try can prepare you for a divorce and show you what life is like on your own. It might be exactly what you need, or it might not. Everyone’s needs are different.

The legal team at Stange Law Firm understands how delicate it can be to approach your own marital issues. We are here to help in any way we can. Contact us to schedule a consultation with one of our valued team members.