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The Nebraska marital separation agreement form is a legal document that contains a set of rules that help married couples live separately without filing for divorce. A separation agreement is different from a divorce because spouses remain married.
There are different reasons why couples choose a separation agreement over divorce. For example, there might be residency requirements for divorce, or a couple's religion forbids them from getting one.
Is a Separation Agreement Legal in Nebraska?
Yes, a separation agreement is legal in Nebraska. The spouses can get legal separation by signing the separation agreement form and filing it in court.
Laws and Legal Requirements for a Marital Separation Agreement in Nebraska
The laws and legal requirements for a marital separation agreement are designed to protect the legal rights of married couples and make sure all agreements are fair.
According to Section 42-349 of the Revised Statutes of Nebraska, to file for separation, one spouse must have lived in the state for one year before initiating the separation process.
It’s also important that their marriage has taken place in the state, and they lived there until filing for separation.
Section 42-350 of the Revised Statutes of Nebraska states that spouses who are unable to file for divorce can initiate the separation process first and wait until they meet the divorce requirements.
Signing Requirements for a Marital Separation Agreement in Nebraska
The signing requirements for a marital separation agreement in Nebraska are that the document must be signed willingly and free from outside influence. To ensure its legal validity and authenticity, it must be filed in writing and in front of the notary public.
What Does a Marital Separation Agreement in Nebraska Cover?
A marital separation agreement in Nebraska covers a range of topics related to the separation process for married couples. Some of the topics a separation agreement template can cover are:
Marital Separation Agreement Coverage
Living arrangements: Detailing who will live in the marital residence and how expenses related to housing will be handled.
Marital property: Specifying how the spouses will divide assets, debts, and any other possessions obtained during the marriage.
Child custody and visitation: Addressing matters such as custody arrangements, visitation rights, and a parenting plan.
Spousal support: Including clauses related to spousal support to determine financial assistance for one spouse.
However, every other matter not related to the separation process or related to the period after separation should not be part of the separation agreement form.