When a marriage hits a rough patch, many people don’t know whether to pursue a divorce or legal separation, and the two are not interchangeable. In this video, we break down the difference between divorce and separation, including how each impacts your legal rights, property, family dynamics, and decisions.
Transcript:
“The difference between legal separation and divorce really starts at the outset with what the court has jurisdiction to hear. And what the first thing that we look at when deciding between legal separation and divorce oftentimes, is how long you’ve lived here. A person to file for divorce in Nebraska has to have resided in the state of Nebraska for at least one year prior to the filing, to be eligible to file for divorce. If you haven’t resided in Nebraska for a year, but you feel as if you still need to take some steps to maybe not end your marriage right away, but to take some steps, have some court intervention or structure. A legal separation is the option that’s available. If you have been a resident of Nebraska for less than one year prior to the filing. The main difference that we think about when we think about the difference between dissolution of marriage or a legal separation, is the legal bond of marriage and that relationship between spouses. In a dissolution of marriage, the ultimate goal is to dissolve that legal bond, such that the marriage is dissolved and you are no longer husband and wife or partners, spouses. In a legal separation, what happens is we can think about it as a pause, so to speak, in that legal relationship. You’re not free to marry other people, but the bond of marriage is still intact. The process that we go through to achieve a legal separation or a dissolution of marriage is almost exactly the same here in Nebraska. It all begins with filing of a complaint. If there are minor children, we address custody. If there are spousal support issues, we address spousal support. If there is property that needs to be addressed and divided, we address those issues too. But at the end of the case, your marriage in a divorce will be dissolved, and in a legal separation, you are still legally married, but you are separated.”
Contact the Dornan Team Today
Divorce vs separation: which is better? Navigating marital conflict is never easy, but knowing your options is the first step toward clarity and control. The Dornan Law Team can help you weigh the options, secure your rights, and make the best decision for your family.
Contact us today to schedule a confidential consultation.
Location: Omaha, Nebraska
Phone: (402) 884-7044
