Free Nebraska Marital Separation Agreement

Marital Separation Agreement Nebraska

What are your long term intentions for your marriage? If your marriage was to come to an end, are there factors that affect how you end your union? Can you hit the pause button if your marriage hits the rocks, even for a few months?

In Nebraska, and in all other states, marriages get to the brink of termination every day. However, most married couples like to rethink the whole divorce thing and look for a less permanent solution as they work things out. In Nebraska, this temporary break is a legal separation. It is one of the two methods of ending traditional marriages.

Legal separation on Nebraska

In the state of Nebraska, the court orders a legal separation. Functionally, legal separation is the equivalent of a divorce except there is no dissolution of the marriage.

The decree of legal separation addresses matters like child support, custody and visitation, spousal maintenance, and division of assets and debts.

Reasons for legal separation

  • Parties choose legal separation because of different reasons like:

    • Philosophical or religious reasons which force couples to be legally separated but still tied to their marriage vows

    • Financial reasons

    • It may be a temporary step to a divorce if you don’t meet set residency requirements

Types of legal separations in Nebraska

  • The Nebraska marital separation agreement recognized by case law and the statutes is the permanent legal separation ordered by a judge. Even so, people are still confused about the whole separation thing. This is because you can still explore intermediate steps before the legal separation is decreed. However, you should note that all matters pertaining to property rights only come into effect when you have a court ordered legal separation.

    • Informal trial separation

This refers to the situation where spouses choose to live apart for a test/ trial period as they decide whether or not to get a permanent separation or a divorce.

  • It doesn’t impact the marriage, and all property and income accumulated, as well as the debts incurred are considered marital property. During the trial separation, court orders on financial matters or child custody/ visitation are impossible.

    • Permanent separation

If you choose to break up permanently, you can ask the court for a permanent legal separation or even a divorce. In this case, all assets received and the debts incurred are separate property or the responsibility of the spouse who incurs them after a permanent separation.

However, all the debts incurred after a physical separation, and before the permanent separation remain joint debts especially if they are incurred for marital necessities like the maintenance of the marital home or for providing for the children. Since there is a lot involved, you should seek the help of a family law attorney.

Separation maintenance

In the legal separation proceedings, the money awarded for spousal and child support is called separate maintenance, and not alimony or child support.

Your lawyer may also file a motion for temporary relief requesting a temporary order of separate maintenance.

Do you need a court hearing for the decree of a legal separation in Nebraska?

  • In 2012, the Nebraska Legislature passed a law to allow for decreeing of legal separation by a Nebraska trial court without hearing in two circumstances:

    • When both parties waive the requirement of the hearing and when the court has sufficient basis to make a finding that it holds subject matter jurisdiction over the separation, and over both parties.

    • When both parties have a certified marital separation agreement in Nebraska. The agreement must state that both parties will live separate lives thereafter.

Should you agree to legal separation, fill in this marital separation agreement form.

Whether you live in Omaha, Lincoln, Bellevue, Grand Island or any other city of Nebraska, you can use our legal forms easily.