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Are you contemplating separating from your spouse and want to know the difference between Divorce and Legal Separation in Nebraska? Here is a quick synopsis explaining the difference.
Divorce in Nebraska
A divorce is commonly known as a dissolution of the marital bond. At the conclusion of a divorce, you are no longer married to your spouse. During the divorce case, the divorce court is going to divide marital property in an equitable manner, award alimony or spousal support if the case and circumstances merit it, if children are involved, will decide who gets custody, what the parenting schedule will be, and how much child support will be.
Once a Decree of Dissolution of Marriage is entered by the divorce court, you are divorced, however, you are not permitted to marry anyone for a period of 6 months from the date the Decree is entered.
Legal Separation in Nebraska
A legal separation doesn’t dissolve the marriage bond. The court will divide marital property, award alimony, grant custody, and award child support just like a divorce, however, you will continue to be married to your spouse.
What’s the Point of Doing a Legal Separation?
There are various reasons a couple or individual spouse may opt for a legal separation as opposed to a divorce:
- Some religious beliefs are against the concept of divorce. Legal Separation allows the couple to live their lives separately but still remain married for religious purposes.
- Allows time for the couple to spend apart to figure out whether divorce is what they truly want or if they want to try and reconcile.
- A legally separated married couple can still retain medical benefits, such as health insurance, that would typically end at the time of divorce.
- A spouse may want to remain married but legally separated for a number of years to qualify for certain spousal benefits like military retirement pay, social security, and other benefits entitled to spouses.
- Neither spouse may meet the one year residency requirement to get divorced in Nebraska and would file for Legal Separation and convert the case to dissolution of marriage once the residency requirement is met.
If you are thinking about divorce or legal separation, schedule a free consultation to meet with me and we can discuss your situation.