25-313. Decree of legal separation; findings
necessary
The court shall enter a decree of legal separation if it finds each of the
following:
1. That one of the parties at the time the action was commenced was domiciled in
this state or was stationed in this state while a member of the armed services.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5
of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or one or both of the parties desire to
live separate and apart or, if the marriage is a covenant marriage, any of the grounds
prescribed in section 25-904.
4. The other party does not object to a decree of legal separation. If the other
party objects to a decree of legal separation, on one of the parties meeting the required
domicile for dissolution of marriage, the court shall direct that the pleadings be
amended to seek a dissolution of the marriage.
5. To the extent it has jurisdiction to do so, the court has considered, approved
or made provisions for child custody, the support of any natural or adopted child common
to the parties of the marriage entitled to support, the maintenance of either spouse and
the disposition of the property.
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