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Category: Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

Answers to Common Questions Regarding Same-Sex Marriage, Divorce, Custody, and Estate Planning in Nebraska

Koenig|Dunne is proud to have served the LGBTQIA community for many years, including partnerships with the ACLU, the Nebraska ACLU, and Lambda Legal Defense Fund, to protect and preserve the rights of the LGBTQIA community. Last weekend, our team was happy to show our support for the LGBTQIA community here in Omaha at the 2022 Heartland Pride Parade. During our conversations with members of the community during the event, we heard similar questions being asked of our legal team. Below is a summary of the common questions we were asked and our brief answers.  1. What does the Dobbs decision
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Uncontested Divorce in Nebraska

No two divorces are the same.  Some are highly contested, litigated, and expensive legal actions.  Others are uncontested and require the parties to cooperate to complete the necessary legal documents.  However, they are the same in that they each come with their own sets of challenges and underlying heartbreak. In an uncontested divorce, the parties are able to reach an agreement (usually by having conversations in advance), about the disputed issues in their case, including: Custody of their children Parenting time schedule Payment of child support and the children’s expenses Division of their assets and debts Who will keep the
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Military Divorce in Nebraska: Where Can I File for Divorce?

If you or your spouse is a service member at Offutt Air Force Base and you are considering filing for divorce, the first question you must answer is where do I file?  Every state has different divorce filing requirements, but all states require at least one spouse to be a “legal resident” of the state in which he or she wishes to file. Legal residency (also known as “domicile”) is defined as the state in which a person resides while also intending that state to remain his or her permanent home. This intent requirement becomes more complicated with military divorces, as spouses in a military
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The Nuances of Domestic Violence and Your Divorce in Nebraska

A bloodied lip, a fractured arm, a black eye.  These are the images we have come to associate with domestic violence.  As an attorney, the physical manifestations of violence can often be proven in court.  Unfortunately, there are other forms of domestic violence that often times fall through the cracks in a divorce case.  Scott Hahn, a divorce attorney at Koenig|Dunne, has a keen and perceptive eye to spot signals of domestic violence in its many forms.  Prior to joining the Koenig|Dunne team, Scott exclusively represented domestic violence survivors at the Women’s Center for Advancement in Omaha, Nebraska. At Koenig|Dunne, our
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Who Are the Experts in Child Custody Litigation?

In child custody cases, certain individuals can be asked to provide an expert opinion to the court regarding parental fitness, custody, financial matters, and the like. An expert is someone who has specialized knowledge in a certain area and is qualified by skill, experience, training, or education to assist the judge in understanding the issues. Experts are typically authorized to review and receive information, records, and reports concerning all parties involved. He or she will prepare a report with recommendations. The expert may have their deposition taken at the request of a parent and may be subpoenaed to testify at
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What Can and Can’t the Judge Do For You?

During a custody case, if you and your spouse are unable to agree on a parenting plan, the judge may have to make decisions regarding the parenting plan for you. If a judge becomes involved in custody decisions, it is important to keep in mind what the judge can and cannot do for you. General standard for custody cases: In general, judges are bound to make custody decisions based on the law and their interpretation of the law. Specifically, in Nebraska, custody decisions are made under the “best interests” standard, meaning judges make decisions based on what they believe will
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What Evidence is Used in Custody Cases & How to Gather It

From photographs to school records, text messages to family calendars, a variety of evidence may be used during custody litigation in Nebraska. Understanding what evidence is helpful to your case and how to gather it may save valuable time and resources in preparing for a custody trial. Here are a few reasons why evidence is important in your custody case: Evidence may narrow the issues in your case. Evidence may promote settlement. Evidence will help prepare your case for trial. Having evidence outside of verbal testimony allows a judge to visually see exactly what you are talking about. Evidence is
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Advanced Child Tax Credit Monthly Payments: Important Information for Divorced Co-parents

On July 15th, the American Rescue Plan’s expanded child tax credit program will take effect. Under the expanded program, qualifying families will receive a monthly payment of up to $300 per month for each child under 6 and up to $250 per month for each child 6-17 years old. The expanded program also allows for half of the child tax credit for next year to be paid in advance to whomever claimed the dependent in 2020. For divorced parents, this expanded program raises many concerns, especially for those who alternate the tax years for which they claim their children as
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Does it Matter Which Spouse Files for Divorce?

Deciding to proceed with a divorce is one of the biggest decisions you’ll make.  Moreover, filing for divorce might feel like a daunting task, even if both spouses want a divorce. So, does it matter which spouse files for divorce?  The short answer is No. In the eyes of the court, both spouses are entitled to adequate notice and a chance to be heard and present arguments. Thus, from the Court’s perspective, it does not matter which spouse files first because the court is a neutral decision-maker. As a neutral decision-maker, the court will not give preference to the spouse based
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What is Equity in My Home, and How Will it Be Divided?

One of the biggest decisions to be made during the divorce process is what will happen to the family home?  This decision is more than just a legal one.  It impacts both emotions and finances. Although there are many factors to consider, generally there are two options for the home – either one spouse will keep it or it will be sold.  Regardless, determining the amount of equity in the family home is an important first step in being able to make this big decision. Simply stated, equity is the difference between the value of the home and the amount
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