Can Same Sex Couples Seek A Divorce Under The Same Conditions As Any Other Divorcing Couple In Nebraska?
Same-sex marriages in Nebraska are afforded the same rights as a man and a woman, or husband and wife. They can also seek divorce under the same conditions as any other divorcing couple.
How Does The Divorce Process For Same-Sex Couples Generally Proceed In Nebraska?
The divorce process for same-sex couples proceeds in the same manner as a divorce from a man and a woman. To initiate a divorce, an individual usually seeks a lawyer, and the lawyer prepares the complaint. The complaint is then served to the other spouse, and he or she would also get a lawyer. In return, they’d file a response to the complaint. From that point forward, they will try to negotiate a settlement. If they are unable to reach an agreement, their case will proceed to trial to resolve their differences. In reality, there is no distinction or difference between a same-sex couple or a husband and wife couple in Nebraska. They are treated the same.
What Factors Does Nebraska Consider In determining Spousal Support Awards?
Spousal support or alimony is not seen in every case, but it’s an arrangement that’s still around. Alimony is meant to help support a spouse that has been out of the workforce.
For instance, a couple where the husband is the only one working, and the wife stays home to take care of the kids, as well as the cooking, the cleaning, and all of the traditional household chores – is a case where alimony can be granted. The wife, in this scenario, gave up career opportunities to stay home and take care of her family. Alimony is meant to assist the non-working spouse get the training that he or she would need to get back on their feet. The spouse could use maintenance for education or financial assistance.
Does The Court Take Duration Of Marriage Into Account When Awarding Alimony In a Same-Sex Divorce?
Nebraska has only recognized same-sex marriages for a short period of time. Technically, Same-sex marriages in Nebraska haven’t been around long enough in Nebraska for the court to determine if alimony is appropriate. The duration of a marriage is a factor that the court takes into account to figure out if alimony is possible. Determining the duration to qualify for alimony might be a challenge for same-sex couples. However, there are always exceptions to the rule.
For example, If a wealthy same-sex spouse is working while the other spouse has given up their career opportunities, and it’s only been a couple of years, there might be some temporary or short-term alimony. However, as a rule of thumb, long-term maintenance or spousal support for a same-sex couple might not be awarded because their marriage hasn’t been legally recognized in Nebraska for that long.
For more information on Divorce For Same Sex Couples In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
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