Family Law Online Resources

Pro Se means that you are representing yourself.

There are two differences between a Legal Separation and a Divorce. Nebraska law requires that at least one party to a divorce has lived in this state for one year immediately prior to the filing of a Petition for Divorce. There is no such requirement for a Legal Separation.

A Legal Separation decides custody, support, property/debt division, etc. just like a Divorce, but the parties still remain married to each other.

The complaints for legal separation and divorce are a little different. Instead of alleging that there is no way you can save your marriage, you allege that you and your spouse live apart. Also, the caption in your complaint will read “Complaint for Legal Separation” instead of Complaint for Divorce.”

A legal separation is like a divorce. But you remain married with a legal separation.

You can change your complaint for legal separation to a divorce complaint if you have lived in Nebraska for one year before the legal separation is final. However, you may have to pay a filing fee when you change the complaint.

Once the court enters an order of legal separation, you cannot amend the complaint to ask for a divorce. Instead, you have to file a new complaint asking for a divorce.

You cannot marry someone else after you get an order of separation. You need a divorce to get re-married.

Even though a court can consider issues of custody and child support in a case for legal separation, special time rules apply.

Many of the documents you need for a divorce can be used for a separation. You can continue using this interview as if you are completing divorce proceedings. Just make sure that every reference to “divorce” is changed to “legal separation” before you file anything.

Neb.Rev.Stat. §42-347
Neb.Rev.Stat. §42-350
Neb.Rev.Stat. §42-351
Neb.Rev.Stat. §42-353

No. Under Nebraska law, any one of the following five reasons will allow you to get an annulment: 1) the marriage between the parties is prohibited by law (for there to be a valid marriage, both parties must be at least 17 years of age and free from venereal disease); 2) either party is impotent at the time of the marriage; 3) either party had a spouse living at the time of the marriage, 4) either party was mentally ill or was mentally retarded at the time of the marriage; or 5) force or fraud.

The fact that you and your spouse never lived together and/or consummated your marriage does not give you a reason to ask for an annulment.

The answer to this question really depends upon how well you and your spouse are able to work together. Many clients say that they want joint custody with their spouse. This raises a question of what the parties think “joint custody” really means. There are four types of custody arrangements: Joint Legal Custody, Joint Physical Custody, Split Custody and Sole Custody.

Types of Custody

In a joint legal custody arrangement, the children live primarily with one parent and the parent who doesn’t have the children has visitation or parenting time. Both parents are able to work together in making decisions involving the children. If an agreement cannot be reached in decisions involving the children, the parent who has custody of the children will decide. Before the Court will approve joint legal custody, both parties will have to testify that they are able to cooperate with each other for the children’s educational, medical and religious needs. Without that testimony, the Court will not enter an order for joint legal custody.

A joint physical custody situation is one in which the children actually move from one parent’s home to the other for a specified amount of time (for example, school year with one parent and summers with the other OR alternate weeks with each parent).

Split custody means the children are actually separated and do not live together with the same parent. Joint physical custody and split custody are generally not favored by the Court. The Court has concerns about separating children and shuffling them back and forth between parents.

Sole custody occurs when physical custody is placed with one parent. The parent without the children is given visitation or parenting time with the children.

The parent who has custody of the children must get permission from the Court before moving the children from Nebraska. If the other parent does not object to the move, it will be approved. If the parent who doesn’t have custody of the children objects, there will be a hearing. The Court will approve the move if the parent with custody of the children proves that (1) there is a good reason for leaving the state and (2) it is in the children’s best interest to continue to live with that parent.

A good reason to leave the state is often found in the following situations:
• The parent’s occupation
• A career improvement
• The parent’s remarriage

This is not a complete list; it is only an example of the commonly raised reasons for such a request. The Court will consider whether there are similar career opportunities (in pay and type) available in Nebraska; however, wanting to move to more interesting or attractive surroundings is not a good enough reason to move with the children.

The second part of the test is that the move is in the children’s best interests. In determining whether this is the case, the Court will look at the following factors: will the move improve the quality of life for the parent and the children; motives of the parent for moving; motives of the other parent for fighting the move; visitation or parenting time of the parent without custody of the children and whether reasonable and realistic visitation schedules can be made if the move is approved.