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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.

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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.

Does it Matter Which Spouse Files for Divorce?

January 13, 2025 /
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 Can and Can’t the Judge Do For You?

January 6, 2025 / , ,
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 Must Be Included In My Parenting Plan?

December 30, 2024 / ,
The Nebraska Parenting Act requires that a parenting plan is created for legal issues involving the custody of a child. While parents may choose to include a number of different agreements in their plan, there are some provisions that are required to be included. Below are 10 items which must be included in a parenting plan: Legal and Physical Custody. Your plan must state who has legal custody (the authority to make fundamental decisions on behalf of the child) and who has physical custody. Examples of some arrangements include the parents have joint legal custody while dad has physical custody,
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3 Mistakes to Avoid During Your Divorce

December 16, 2024 / ,
In an effort to transition through your divorce relatively unscathed — both financially and emotionally – you will need to take an active role in attempting to keep things civil.  In other words, you have a role to play in maintaining the civility in your divorce. Long gone are the days when divorce was all about assigning fault and sorting out who’s the winner and who’s the loser.  The goal for divorce today is fairness and equitable treatment for both parties — and if children are involved, keeping their interests paramount. One of the best ways to avoid making the
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How to Legally Change Your Name in Nebraska

December 9, 2024 / ,
If you are preparing for or are in the process of getting a divorce, you will want to consider whether or not to restore your former name. Nebraska has a fairly easy process for accomplishing this as part of your divorce process. If you want to have your former (maiden) name restored, you should take the following steps: Request the change in your initial filing.  If you are initiating the divorce action, ask your attorney to include a request for restoration of your maiden name in your initial complaint.  If your spouse initiated the divorce, be sure that your answer
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Valuing a Business in a Divorce

November 25, 2024 /
If you or your spouse have an ownership interest in a business, that ownership interest may be considered a marital asset subject to division in your divorce.  As with any asset, the first question issue that must be determined is whether (or what portion) of the business interest is martial.  If the business ownership interest is marital, then you must determine what the value of the interest is.  Determining the value of the ownership interest for divorce purposes can be complex. Some businesses have multiple owners with varying percentages of ownership interests. The type of business entity can also add
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10 Golden Rules to Protect Your Kids During a Divorce

November 18, 2024 / ,
Ideally, parents going through a divorce make it a priority to work together to lessen the negative impact the divorce may have on their children.  Although it may be difficult for you to set aside your own marital differences during this stressful time, you can make the transition easier for your children if you follow these 10 rules: Don’t blame each other.  When you explain the divorce to your children, do it together and avoid blaming each other.  It is important for your children to love each parent unconditionally; placing blame makes it more likely a child will build up
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5 Questions to Ask Your Divorce Attorney in the Initial Consultation

November 11, 2024 / ,
When meeting with an attorney for the first time in the divorce process, it is important that you receive candid advice to any questions or concerns that you may have. While your attorney may not be able to answer all of your questions during the initial consultation, your attorney should be able to provide you with guidance and insight. When preparing your list of initial consultation questions, here are five suggestions to add to your list: What information do you need from me? To complete a divorce, a number of documents have to be collected. Ask your attorney to provide
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What Issues Can Be Addressed in a Nebraska Prenuptial Agreement?

November 4, 2024 /
A prenuptial agreement is essentially a legal contract between prospective spouses that becomes effective once they become married.  The reason pre-nups are so beneficial is that they can provide significant savings in time and money if the couple should divorce in the future, since the issues a court would normally resolve are already addressed in the prenuptial agreement. Some of the most common issues addressed in a Nebraska prenuptial agreement include: The rights and obligations of each spouse when it comes to joint and separate property, including the right to use, sell, lease, transfer, assign, exchange, or control and manage
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Alcohol Monitoring in Nebraska Custody Cases: What You Need to Know

October 28, 2024 / , ,
In the midst of a divorce, particularly when child custody is involved, concerns about a co-parent’s alcohol use can add complexity to an already stressful situation. One option to address these concerns is the use of alcohol monitoring devices, which can provide peace of mind regarding a parent’s sobriety during their time with the children. What Is an Alcohol Monitoring Device? Alcohol monitoring devices, commonly handheld breathalyzers, are used to test and track a parent’s alcohol consumption. In custody cases, these devices may be required before, during, and after parenting time if there are concerns about a parent’s drinking habits.
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