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If you and your spouse are considering breaking up, you may be wondering what legal options you have. According to Nebraska family law, you can either choose to legally separate or get a divorce. Learn the differences between the two before discussing with a lawyer how to proceed.

Divorce

A divorce is designed for couples who no longer want to be married or legally bound to each other. During the proceedings, you and your ex will come to an agreement on alimony, child custody, child support, and the division of marital assets.

After you get a divorce and wait the required six months, you will be able to get remarried. Keep in mind that, if you and your spouse reconcile, the divorce is not reversible. You will need to marry each other a second time.

Legal Separation

family lawA legal separation is a less final, reversible family law alternative to divorce. To be legally separated in Nebraska, you and your spouse must live in different households. If you choose to informally separate, a court will not legally recognize the split and you will not be entitled to any legal benefits.

In order to make your separation official, you must file a petition with the court. Only one spouse needs to agree to the separation before a judge can make it official.

Just like in a divorce, the family law court will help you and your spouse come to an agreement about the division of marital property, child custody, alimony, and child support. However, the marriage bond will not be dissolved and you will still be legally married. You may choose this option due to religious beliefs, as a trial before a full divorce, or to continue to benefit from medical insurance, retirement pay, or Social Security.

 

Find out more about marriage laws in Nebraska by contacting Reagan, Melton, & Delaney LLP. These family attorneys have more than 15 years of experience advising local couples on divorce and legal separation. With offices in Lincoln and Omaha, these lawyers are able to support residents in more than 26 counties throughout east and southeast Nebraska. Find out more about the practices online or make your first appointment by calling the Lincoln location at (402) 476-6585 or the Bellevue location at (402) 932-9494.

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