Two options exist for legally untangling a marriage in Papillion: divorce and legal separation. Vacanti Shattuck Finocchiaro Attorneys will help you choose the right one.
Papillion is a delightful Nebraska city, county seat of Sarpy County, and like too many of the marriages in both, is split right down the middle. It is divided by the creek that gave the town its name, chosen long ago by the French for the butterflies that fluttered on its banks.
Every marriage is like the three bridges connecting one side of the city to the other, creating legal, financial, and parental bonds between two spouses. But if your marriage is falling apart, you cannot just walk away; those bonds need to be dismantled. Just as you wouldn’t try to pull down a bridge without the help of an engineer, a lawyer is needed when you are ready to pry your lives apart again.
One of the many reasons you will need a legal expert is to ensure you choose the right path for ending this phase of your life and marriage. This is because, in Nebraska, divorce is not the only option. You can also pursue a legal separation, which is similar, but certainly not identical, to a divorce. The divorce and separation lawyers at Vacanti Shattuck Finocchiaro Attorneys will help you figure out which to pursue.
To pursue our Papillion Creek bridges metaphor, getting a legal separation instead of a divorce would be a lot like dismantling two of the bridges instead of all three. This is because a legal separation, unlike a divorce, leaves the marriage (at least on paper) intact while allowing you to live apart with distinct lives.
Both a divorce and a legal separation require you and your spouse to sit down and
In both cases, if you can agree on all of the above, the terms can be formalized into a decree of dissolution or legal separation to be reviewed by an attorney for fairness. Once the final settlement documents are signed by all parties, you can present the agreement to the court and have a judge officially declare you divorced or separated, according to the terms of the agreement.
This means that you can officially and legally live separate lives, but only with the divorce is your marriage actually dissolved. This offers a number of different advantages and disadvantages our lawyers will help you analyze and choose between.
If you have already decided to end your marriage in its current form, the hardest decision is behind you. At this point, choosing between divorce and legal separation will depend on which of the following advantages of each are best suited to your situation, and an experienced lawyer can help explain each.
The first and most obvious advantage/disadvantage is the finality of divorce. Since of the two, only a divorce actually ends the marriage, if that is one of your goals, go with that directly. On the other hand if you need to keep that marriage going for some reason, or if you have not met the residency requirements for filing a divorce in Nebraska, the Legal Separation may be the only way out.
One of the main reasons some Papillion couples end up choosing a Legal Separation over a divorce is to keep some of the legal rights they are entitled to by virtue of the marriage. Most notably, health insurance or similar benefits are entitled to one spouse by virtue of their marriage with the other.
Other benefits can include being able to visit the other spouse in the hospital, inherit from them if they pass away, and other rights entitled to spouses.
Another consideration for Nebraska couples like those in Papillion need to think about is timing. If neither of you have been living in Nebraska for over a year (or since the marriage) then you won’t even be able to file for divorce here. You can, however, file for a legal separation to get the ball rolling and then turn that into a divorce filing once the conditions have been met.
Vacanti Shattuck Finocchiaro Attorneys | Family law lawyers to guide you through your divorce or legal separation in Nebraska.
Like the butterflies that flutter along the Papillion Creek, every marriage is unique and therefore needs a personalized solution. It is difficult to say whether a divorce or legal separation would be best without discussing your marriage and goals for separation with an experienced divorce attorney first.
The family law lawyers at Vacanti Shattuck Finocchiaro Attorneys have decades of experience providing Nebraska couples in or near Omaha with exceptional legal advice and guidance, including countless divorces and legal separations.
To schedule a discrete consultation with our firm, call (402) 235-6070 today or reach out online. Together, we will see you put your marriage behind you and move on to better horizons.