Legal Separation in Nebraska
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Legal separation in Nebraska is identical to the divorce proceedings in the state of Nebraska. As Nebraska is a no-fault divorce state, one can get a legal separation on the basis of “irreconcilable differences” or “irretrievable breakdown of marriage” and it would be granted by the court.
The legal separation is granted by the judge and this court order is enforceable by law. The spouses, though separated, remain legally married and thus cannot remarry. There is no residency requirement for filing for legal separation in Nebraska. However, for filing a divorce petition, one needs to be the resident of Nebraska for at least a year before filing the petition.
Grounds for Legal Separation in Nebraska:
Legal separation in Nebraska, as mentioned above, is granted on only one ground; that is, “irreconcilable differences” or “irretrievable breakdown of marriage” and the legal separation needs to be approved by the court.
In case of an at-fault or a contested petition, the grounds for legal separation in Nebraska are identical to the grounds for divorce in Nebraska. However, in the state of Nebraska, legal separation is not considered as a trial separation, but a more serious and permanent thing for couples who do not want to get a divorce or who would rather go for separation rather than a divorce.
Reasons of Opting for Legal Separation in Nebraska:
There are various reasons why some couples go for a legal separation rather than a divorce. These reasons are as follows:
A separation agreement is also known as settlement agreement or a property settlement agreement. It covers all the marital issues such as alimony, child custody, guardianship, visitation schedule, real estate, family home, health care, pension plans, retirement arrangements, property settlement, medical care, dental care, education provision for children born in the marriage and other important issues which need to be addressed in order to get a smooth-sailing legal separation. The court generally encourages the couple to come up with a mutual settlement agreement regarding these issues. If they are unable to reach a settlement, the court intervenes and the decision is legally binding to both the parties.
A separation agreement deals with the following issues:
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