Month: January 2018

January 2018

Should You Ask for a Guardian Ad Litem?

January 30, 2018 / Divorce Made Simple

If custody and/or parenting time issues are contested, it may be helpful for a neutral, third party to step in to help assess what’s in the best interests of your child. A guardian ad litem (GAL) is someone who is appointed by the court for this purpose. GALs are usually lawyers with special training. You may ask your judge to appoint a GAL at any point if you believe that the assistance of a neutral person, whose sole purpose is to assess your child’s best interests, would be beneficial. Talk with your family law attorney about requesting a GAL if

Milestones: Part II

January 25, 2018 / Doing Divorce

We were both nervous. When I reached for her hand in the car to offer a reassuring squeeze, the clamminess I felt from hers was a sure sign that her stomach was fluttering. She was facing the unknowns of a new school without knowing another soul. I was facing the unknowns of how I was going to navigate these last years of hers as she speeds too fast toward adulthood. Last week I wrote about my eldest daughter’s upcoming high school open house. I described my emotions as I approached the day and wished that I wasn’t a divorced parent

What is a Custody Evaluation?

January 23, 2018 / Divorce Made Simple

If custody is a contested issue in your divorce, you may consider seeking a custody evaluation. A custody evaluation, performed by a child custody expert, is used by the court to determine what custodial arrangement is in the best interests of your child. A child custody expert is a neutral evaluator, usually a licensed psychologist, whose role is to determine the bests interests of the child and to make recommendations to the court regarding custody and parenting time. He or she will conduct a complete evaluation of the parties, conduct psychological testing, interview the parents and the child, and evaluate

Melancholy Milestones

January 18, 2018 / Doing Divorce

It innocently arrived in my mailbox – a small plain postcard. Four short lines announcing an open house for my eldest daughter to attend at our neighborhood high school because she will be entering its halls in the fall. The flutter felt in my stomach soon folded into a pit. I was wrapped in emotion as I took a screenshot to send to her dad so he too could plan to attend. When he responded “ok” indicating that he got the information, I tried to reach out. I feebly replied that I promised I would try not to cry through

Resolve to Celebrate

January 11, 2018 / Doing Divorce

I weigh myself. Ugh. Add that to the list of resolutions. I stare into my messy closet. Ugh. Add that to the list of resolutions. I can count the number of vegetables in my house on two fingers. Ugh. Add that to the list of resolutions. And I keep going until my list is in the double digits and my energy is deflated. I start my new year off eating a donut and putting Christmas décor in my closet to put away later. “A new year. A new start. A new you.” The predictable and tired advertisements come rolling in

Is My Premarital Agreement Enforceable?

January 9, 2018 / Divorce Made Simple

A premarital agreement (sometimes referred to as a “prenuptial agreement”) is a contract entered into between two people prior to their marriage. Before marriage, a couple may contract with respect to property rights, alimony, inheritance, and which state’s laws will govern the enforcement of the agreement in the event that their marriage ends in divorce. In Nebraska, premarital agreements must be in writing and signed by both people. Because the agreement is made in contemplation of marriage, it only becomes effective upon marriage. Premarital agreements are treated as ordinary contracts. Generally speaking, people may include provisions in their premarital agreement

One Little Word

January 4, 2018 / Doing Divorce

Joy. Calm. Beyond. These words start to fill up my social media feeds at the first of the year when people are apt to choose “one little word” to set a specific intention or provide inspiration for the year ahead. Some chose companion words to provide subtext for a goal: grit, glory, gumption. Over the years, I’ve had some of my words gifted to me in bracelets by friends as a reminder to keep focus. What if this year your one little word is “divorce?” What if you have been struggling in your marriage for years and this is the

Will My Child Have a Say?

January 2, 2018 / Divorce Made Simple

During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent? The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will