What’s the Difference Between a Legal Separation and Divorce?
The process of obtaining a Legal Separation is the same as a divorce. The only difference is that if you get a Legal Separation, neither party is able to remarry.
How Long Does the Process Take?
There is a statute that requires a divorce be on file for at least 60 days before it can be finalized. That is the minimum time frame. It can take longer (sometimes much longer). The time frame depends on the issues between the spouses and whether the couple has minor children. Contested custody issues generally are the most time consuming. The more issues resolved between the parties with the help of their attorneys, the faster the process is. If the parties can’t resolve many issues on their own, the process can take several months or a year or more.
How Long Do I Have to Reside in Nebraska Before I can File for Divorce?
Nebraska law requires that a person be a resident of Nebraska for one year prior to filing for divorce. If you haven’t lived in Nebraska for a year, you can file for a Legal Separation and then change it to a divorce once you’ve lived here for a year.
Should I move out of the House if My Spouse Asks me To?
Typically, no. There are some circumstances where it is advised, but it is important to get legal advice before making any decision about moving out of the marital residence (particularly if you have minor children).
What’s the Difference Between Sole Custody and Joint Custody?
Sole physical custody means that one parent (referred to as the custodial parent) has the children living with them the majority of the time and the other parent (referred to as the non-custodial parent) has parenting time. The non-custodial parent’s parenting time can be alternating weekends and one evening each week or sometimes more than that.
Joint Physical Custody means that the children live with both parents equally (50/50) or almost equally. Some parents have joint physical custody and one parent has the children an average of 4 days each week and the other parent has the children an average of 3 days each week.
Sole Legal Custody means that one parent has the legal responsibility and authority to make the major decisions that affect the children (ie medical, daycare, religious, and educational decisions).
Joint Legal Custody means that both parents have the joint (equal) responsibility and authority to make the major decisions that affect the children (ie medical, daycare, religious, and educational decisions) and that those major decisions must be made together.
Can my Spouse and I Use one Attorney?
The short answer is no. Attorneys can only have an attorney-client relationship with one spouse. An attorney’s job is to represent that spouse’s best interests. If only one spouse hires an attorney, the other spouse can legally represent themselves in a divorce.