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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