Legal Separation xxxxxxxxxxxxx

In Nebraska, Legal Separation is not a first step to divorce as it is in some other states. In Nebraska a Legal Separation is designed for people who have decided that they are going to live apart but who do not intend to get divorced. Most often people who do not want to get a divorce are for religious reasons or older couples who do not want to create problems with their pensions, Social Security or health insurance coverage will get a Legal Separation instead of a divorce.

Similar Process
With a Legal Separation, all of the documents are the same, the waiting periods are the same and all issues involved in a divorce (custody, child support, property and debt division, etc.) must be addressed. However, at the end of the Legal Separation you are simply separated and not divorced. If you wish to get a divorce later on, you must file for a divorce and go through the process all over again.

People who have not lived in Nebraska for the required one year, must file for a Legal Separation rather than a divorce.

We encourage people not to use a Legal Separation as an emotional "first step" to divorce, because they are usually going to end up spending more money to do so. If you are unsure, it is important to know that the divorce process can be stopped at any time if both parties want the case stopped. Under the Progression Rules of the Court, you will have approximately 6 months to finalize the case from the date you file and at any time up until 30 days from the date the Decree is entered, the case can be dismissed.


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