Sioux City, IA asked in Tax Law for Nebraska

Q: I'm married,have been living apart from spouse for over a year -with intention to divorce. Am I legally separated?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: You can file a legal separation action in Nebraska. It is similar to a divorce action in that it addresses property, debt, and child custody issues, but it is different in that the parties remain legally married. Thus, when someone says they are legally separated and mean it in the technical sense, they are generally meaning that they have a court order called a Decree of Legal Separation.

People use this term more loosely in casual conversation but technically to be legally separated you generally need to have a court order saying you are legally separated.

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