Do I have to pay income tax when my ex-spouse and I transfer property or pay a property settlement per the terms of our divorce decree? No.  The transfer of property (or payment of a property settlement payment) pursuant to a divorce decree is not taxable.  However, you’ll want to keep in mind the future…

In Nebraska, once a child support order is entered, it remains in effect until the minor child reaches the age of majority (19 in Nebraska), dies, remarries, becomes emancipated, or until further order of the court. “Until further order of the court” means that child support orders are modifiable, that is, they can be changed….

To initiate a divorce, you must file a complaint for dissolution of marriage.  The complaint is a legal document filed with the Clerk of the District Court. It sets forth facts and asks the judge to make certain orders. To proceed with your case, you need to notify your spouse that the complaint was filed….

The Nebraska Child Support Guidelines recognizes that both parents have an equal duty to provide financial support to their children in proportion to their respective net incomes.  There are three main types of financial support for children that will be addressed in a divorce. Child support Childcare expenses, which are due to the employment of…

How long will my divorce take?  This is one of the most common questions during an initial consultation.  There are many unknowns during the divorce process and the ultimate timeline for the completion of a divorce is one of them. The earliest timeframe in which you can complete your divorce is 60 days after the…

Whether a court has power to hear and rule on a divorce depends on the residency of at least one of the spouses.  That is, has one of the spouses lived in Nebraska for more than one year with the intention of making Nebraska his or her permanent home? How long do I have to…

In a divorce, it’s likely your martial home is one of the most valuable assets you and your spouse own.  Regardless of which spouse keeps the home, the equity in the home will need to be divided.  Equity is the difference between the value of the home and the amount owed in mortgages (or other…

Communications between you and your lawyer are protected by one of your rights known as the attorney-client privilege. The purpose of the attorney-client privilege is to encourage you to disclose all relevant information related to your case to your attorney by protecting certain disclosures from being revealed at a hearing or trial. This privileged information…

There is a distinct difference between a restraining order and a domestic violence protection order in a divorce case.  Restraining orders and protection orders are both court orders that direct a person to engage or not engage in certain behavior. A restraining order may be issued in a divorce case regarding multiple aspects of your…

The Nebraska Parenting Act requires all parents involved in a legal action regarding custody or parenting time to have a parenting plan.  A parenting plan is a document that details how you and the other parent will parent your child upon divorce or separation. To finalize a parenting plan, you have three options: You and…