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Month: May 2017

May 2017

Top 5 Questions Regarding Depositions in Nebraska

What is a deposition? A deposition is the asking and answering of questions under oath, outside of the courtroom, in the presence of a court reporter. You will be “sworn in” and asked a number of questions by the attorney for the opposing party.  Your attorney may ask you a few questions as well. A deposition may be taken of you, your spouse, or other potential witnesses in your case. After the deposition, the questions and your answers will then be transcribed (typed up) by the court reporter exactly as given.  A printed or electronic copy of your testimony will
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The Last Day

Today is the last day of school for yet another school year that flew by in the blink of an eye.  The last day of school signifies the end of another season.  My girls and I look forward to the last day of school each year.  To mark the fresh start of summer fun and leisure, I wrap up a pairs of sparkly flip flips for my daughters along with some new summer reads. The last day of school is also tinged with sadness.  Tear-filled eyes say goodbyes to friends and teachers for the summer.  The comfort of routine is
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How to Pay or Receive Child Support in Nebraska

Once the judge signs an order or decree that sets forth a child support obligation, the order/decree is then processed by the Clerk of the District Court.  The Clerk’s office will then notify the Nebraska Child Support Payment Center (NCSPC) that a child support order has been entered.  This process can sometimes takes up to two (2) weeks. Once the Nebraska Child Support Payment Center receives and processes the child support obligation, the NCSPC will assign each party (the party ordered to pay support and the party receiving support) a unique Agency-Related Person Identification Number.  This is known as your
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Beating Bitterness

I could see her choking down her hurt.  He was determined not to let her see him wince across the table set for depositions.  I observed a mixture of emotion fill up the space, even when words were silent.  They occasionally glanced at each other when recalling details of their twenty-two year marriage.  They were answering questions in front of each other about the contributions they each made to their marriage, about how their children had been successful or not, and what they each thought would be a fair way to divide their lives. They were afraid to smile at
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Valuation Date for Division of Marital Estate

A major component of a divorce in Nebraska is the division of the marital estate.  The marital estate is comprised of the assets and debts acquired during the course of the marriage (except for property deemed non-marital). But how do you know which date to use to value the marital estate? What if the parties file for divorce in January, but continue living together and maintain their finances together until their divorce is final in October? What if the parties are still married, but have been living separately (physically and financially) for the last eight months? What if the court
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What Happens to the Family Home in a Divorce

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 two options for the home – either one spouse will keep it or it will be sold. Option A.  One Spouse keeps the home. How do you decide who keeps the home? Deciding who will remain in the family home is a big decision.   If spouses can’t agree who will remain in the home after the
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Co-Parenting Cliché

I stared long and hard.  The image seemingly becoming larger the longer I looked at it.  I could feel my mood crumble as a grumble moved up to my mouth.  “Are you kidding me?” I wanted to shout into the screen. hashtagcoparenting??  How about hashtaghard; hashtagcomplicated; hashtagtheoppositeofholdinghands. It was like staring at a picture of a perfectly airbrushed 6’5” 100 pound supermodel with a title that reads “How to Look Great No Matter What Your Size.”  With just a few simple sit-ups every day in between sipping kale cauliflower shakes – you too (yes you – the slightly overweight and
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The Marital Estate – What is Included and How is it Divided?

The marital estate includes all property, assets, debts, and liabilities acquired by the parties during the course of the marriage. The marital estate does not include property acquired through a gift or inheritance.  Similarly, the marital estate does not include property acquired by one spouse before the marriage.  If the premarital property can be easily identified at the time of the divorce, it will not ordinarily be included as a part of the marital estate to be divided. For marital property, it does not matter how the property or debts are titled.  For example, if one spouse has a retirement
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