Filing For Legal Separation In Douglas County: A Step-By-Step Guide
Posted By: Kelly Shattuck
What you will learn in this guide:
- The forms and documents you need to file for legal separation in Nebraska.
- The costs involved with filing for legal separation.
- How long it takes to file for legal separation in Nebraska.
What Forms And Documentation Do I Need In Order To For Legal Separation In Nebraska?
Like other legal processes, filing for a legal separation will require specific documents and information to be filed with the Court. In order to begin a legal separation in Nebraska, a complaint for legal separation would need to be filed in the district court of the county in which either party resides.
The process is very similar to a divorce action. The key difference is you would not file a request for the marriage to be dissolved; rather, the complaint would indicate that both spouses will live separately and apart going forward, along with a request for a legal separation to be awarded.
Do I Need To Hire An Attorney For A Legal Separation?
It is possible to file a legal separation without the assistance of counsel; however, the process is complex, and a wide range of issues need to be dealt with. For these reasons, it is essential to have strong and knowledgeable legal counsel to navigate you through the process and through all the legal complexities that may come about during the process.
How Much Does It Cost To File For Legal Separation?
The cost and legal fees for a legal separation action depend on factors such as:
- The complexity of the case
- The issues to be addressed
- Level of contention or disagreement between the parties
- The amount of time spent working on the case to resolve the issues presented in the pleadings
It is typically much more efficient and cost-effective for parties to reach an agreement than to litigate, but every case is different depending on the circumstances. Hiring legal counsel can help guide individuals through the process and determine the most efficient way to proceed, whether that be by way of settlement or litigation. The cost of legal fees will ultimately depend on the amount of time counsel spends on the case.
What Does The Timeline Of The Legal Separation Process Look Like In Nebraska?
One important difference between the timeline in a legal separation and a divorce is that in a divorce action in Nebraska, there is a mandatory 60-day waiting period from the time a complaint is served on the non-filing spouse until a final decree of dissolution is entered. It’s more informally known as the cooling-off period.
There is no 60-day waiting period for a legal separation action. If you and your spouse can reach an agreement and prepare a decree of legal separation formalizing the terms, you may be able to request a hearing with the court to resolve and finalize the case at any time.
A more typical timeline would be about 6 to 9 months, as very few cases are streamlined, and parties are not often able to reach an agreement on all issues.
The timeline for each case will vary depending on the circumstances, the complexity of the issues, and whether both spouses are able to reach an agreement on all or some of these issues.
How Is A Legal Separation Finalized In Nebraska?
There are a couple of ways the legal separation can be finalized:
- If an agreement is reached:
A final decree of legal separation would be prepared, which would formalize the agreed upon terms on all issues. If both of parties are represented, the decree will be signed by both parties and legal counsel. It would then be provided to the court for the judge to review, sign, and ultimately enter with the court to resolve the case. - If an agreement isn’t possible and litigation is necessary:
Trial would be held, and the unresolved issues would be presented to the court for decision. After the time of the final trial, a decree of legal separation would be prepared in accordance with the rulings made by the judge following trial, which would ultimately be entered by the court.
The process is slightly different depending on whether an agreement is reached or if litigation is necessary, but a final decree of legal separation will need to be entered in either case. Once the final decree is entered by the court, the legal separation will be finalized.
What Are Some Of The Biggest Emotional Challenges Your Clients Face During Legal Separation, And How Do You Help Them Manage Those Emotions?
Legal separation and divorce are often very emotional, complex, and tolling times for families. Quality legal counsel can assist you with handling these emotional difficulties. Your attorney will provide professional and transparent representation to ensure you receive a fair and equitable result.
Still Have Questions? Ready To Get Started?
For more information on Filing For Legal Separation In Douglas County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
