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Month: May 2021

Month: May 2021

Who Needs Collaborative Divorce? Misconceptions, and Clarifications About Collaborative Divorce

With rising legal fees and court costs, the uncertainty of trial calendars and outcomes, and the overall toll that litigation can take on a divorcing couple, Collaborative Divorce may be a better option for Nebraskans going through divorce. Generally speaking, those who choose to proceed collaboratively agree that they will not resort to the court for any judicial relief, voluntarily disclose all of their assets and liabilities and come to temporary and permanent agreements on all issues in their case. Yet, common misconceptions and questions about Collaborative Divorce persist. Here are just some misperceptions, and reasons why the right clients
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Not My Train

“The governor’s office is line two for you.” My heart pounded.   Once again someone not the governor had the chore of telling the unchosen prior to the press release that said it wasn’t you.  I’d applied to be a juvenile court judge. I detailed my career accomplishments, got glowing references, and confidently answered questions before the judicial nominating commission of nine. They advanced my name on the short list of the qualified. I travelled to the state capitol to interview with the governor.  “Next time,” the caller once consoled. Initially I was sufficiently politically naïve to believe them.  I resisted warnings that being an advocate for equality as the past president of the Nebraska chapter of the National Organization for Women disqualified me from being a judge in a state whose motto is “Equality before the law.” With each vacancy I,
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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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When Does It Get Better?

“One last question.” She paused. ” When does it get easier?”   For a good hour we’d been reviewing her goals, timelines, and action steps. An energetic entrepreneur, she’d left her grueling well-paid job at the insurance company to strike out on her own. Despite the pandemic, she’d managed to pay down debt, have a steady stream of clients, and develop a reputation as a brilliantly insightful consultant.  But in this moment, life wasn’t feeling easier. She recently recovered from a surgery, had a niece newly diagnosed with cancer, and was implementing new software for her business. She was worn out and overwhelmed.  I resisted the hollow words of “someday”, “eventually”, and “in time.”  “Let’s talk about that next time,” I said.   For years it never occurred to me that life could or perhaps even should be easier. If I began to think my life was hard, I didn’t have to look far
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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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Good People

“Are you leaving?” she asks from the sidewalk as I stood beside the door of my car. “Sorry, just arriving,” I say. I presumed the middle- aged woman in blue jeans and a black t-shirt was hoping for a parking spot in my gentrifying neighborhood.  She turns to keep walking. “If you was leaving I was going to ask you for a ride.” “I can give you a ride. I just need to make room.” “Can I help?”  She carries my newly purchased flat of red and white petunias inside before hopping into the only passenger seat of my tiny
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What Does it Really Mean to File for Divorce?

In Nebraska, divorce is a multi-step process that includes filing for divorce. What the term “file for divorce” means may depend on who is using it. When an attorney uses the term “filing for divorce,” they are generally referring to the legal process of filing a legal document, like a Complaint for Dissolution, with the clerk of the court. However, one spouse may tell the other they have “filed for divorce” before any legal documents have been filed with the court. Instead, they may be using this phrase to mean they have contacted an attorney to begin the process, or their attorney has
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