What Is Legal Separation?

Legal separation is a less common way to split from a spouse than divorce, but some find it a useful alternative. The main difference between the two is that a couple is still formally married. However, similar to divorce, the couple divides their marital property, determines child custody and visitation, awards spousal support and child support, and determines other issues of formally separating.

We have experience handling legal separation at Kathleen M. Schmidt Attorney at Law. During your free initial consultation with our family law attorneys, we can discuss the details of the case and create a strategy that addresses the unique needs of your family. Regardless of the approach that best suits the family's needs, we are equally comfortable litigating in front of a judge or at the negotiating table.

What Is The Point Of Legal Separation?

There are a number of reasons a couple chooses legal separation as opposed to divorce:

  • A married couple retains medical benefits that would not be covered if the couple divorced.
  • Some couple's religious beliefs do not allow for divorce.
  • It can be a "trial separation" to see if the couple is ready to take the next step of divorce or reconcile.
  • Some couples do not meet the 12 months of residency required by the state of Nebraska.
  • There can financial reasons such as retirement pay, social security or taxes.
  • Family pressure does not allow for divorce.

Contact Us Today If You Are Contemplating Legal Separation

Contact our office in Omaha to discuss with a lawyer whether legal separation is right for you. We can be reached by phone at 402-330-7733 or reach us through our contact page.