Legal Practice Areas

Separation Attorneys Omaha NE

Many people can become easily confused when people talk about separation, because there are multiple types of separation and it differs from divorce.

While divorce is a full legal separation that immediately cuts legal, debt and financial ties, separation doesn’t always.

Types of separation

When a couple is considering separation and wants to test it out, they may choose to do what is called ‘trial separation.’ In this type of separation, there is no legal recognition, however, the couple will live apart for a certain period of time in order to evaluate whether or not separation or divorce is what they wish to do.

During a trial separation, since it is not a legal separation, any property accumulated will be considered marital property.

The next type of separation is called, ‘living apart.’

This can look similar to trial separation, but the main difference is that the spouses have no intention to come back together. This type of separation can and does affect property rights.

Because a couple has no intention of getting back together, in some states, property and debt accumulated by each person while separated is considered to be their own. This is not true for every state, however, so if you are considering living apart, you will want to contact an experienced attorney to determine whether or not your property rights and debt status will be affected during this type of separation.

Another type of separation is permanent separation.

When couples opt for this type of separation they are usually headed for a divorce to make everything final. During this type of separation, and in most states, any assets accumulated or debts incurred are the responsibility of the spouse who receives/creates the asset or debt.

There are a few exceptions in that any debts incurred for the purpose of maintaining the home or for the children will remain joint debts.

The last and most permanent type of separation is called ‘legal separation.’

In this case, a couple separates and a court rules on many aspects of the partnership including property rights, child support, alimony, and child custody. Even though a court rules on these factors, a legal separation does not equal a divorce.

There are many reasons a couple may want to opt for legal separation but not divorce. These reasons can include religious or financial reasons among other personal reasons.

Separating when you have children

While child support and alimony are awarded in the case of a divorce, legal separation can also award one spouse money to take care of the needs of the children. This money is generally referred to as, ‘separate maintenance.’

Getting help with your separation

If you’re considering separating and are not sure if you want to file for a divorce, finding a family law attorney to help you through the process will benefit you greatly, especially if you have children. The law can be confusing, so contacting an expert attorney will help you navigate the system and relieve you from the stress of doing it alone.

What Our Clients Say

Helped me to choose which course would be best!

From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

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Your Questions About The Law

What is the political subdivision Tort Claims Act and should I care?

The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

How long will my personal injury claim or lawsuit take?

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

Should I take an insurance company’s first offer?

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

What is maximum medical improvement?

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

What is my workers’ compensation claim worth?

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Can a child custody order be modified?

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

How long do I have to bring a personal injury claim to court?

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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