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:

• Social – There is a social stigma associated with being divorced whereas in a legal separation, the couple still remains married and are saved from the social embarrassment of being a “failure” in their married life. Besides, it is a safe option where minor children are involved.
• Religious – Some religions frown upon and some severely condemn divorce. According to some religions, marriages are made in heaven and we are not entitled to break them as it would be against God's will. Also, old-school couple are nor comfortable filing for a divorce and would rather go for a legal separation.
• Financial – Even after the legal separation is granted, the couple remains entitled to tax exemptions, insurance coverage and other financial benefits along with getting the custody of the children and sharing the expenses which is a huge financial relief.
• Other – There are many other reasons which encourage a couple to go for legal separation such as minor children, financial arrangements, custody, health care, social security as well as military benefits.

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:

• Property Settlement – Property includes the martial property, that is, the assets acquired and debts accumulated during the course of marriage. The husband and wife are equally entitled to the property and it is equitably distributed among both the parties. Marital property includes real estate such as family home or vacation home, any lottery won or a monetary reward won by both the parties together. It also includes other assets such as income, salary, car or other assets acquired during the course of marriage.
• Childcare – The guardianship of the children has to be decided taking into consideration the income and providing capacity of both the parents and the standard of life enjoyed by children prior to the separation. Usually the custody of the children is awarded to the mother even if she is dependent on the father for her day-to-day survival. In such a case, the father gets visitation rights and is supposed to pay for the well-being and day-to-day life of the mother and the children.
• Financial Plans – A couple usually invests in the shares, mutual funds or other investment plans in order to secure their future. These include insurance, college fund for the children, retirement plans, pension plans and the plans that they make for the arrangements of their retired life. However, when they decide to separate they need to decide about the contribution that each of them is supposed to make to these financial plans. Besides these, any debts accumulated during the course of marriage also need to be cleared off and decision needs to be taken regarding them.
• Other – Besides these, one needs to plan the emergency expenses such as medical care during an emergency, claiming the insurance in case of a crisis, social security as well as military benefits also need to be discussed and chalked down.

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