Nearly all phases of your divorce will be accompanied by timelines providing when certain actions must be taken or prohibiting certain actions from being taken. The following are some common timelines to help you decipher what must be done during your divorce and when. Mandatory waiting period What is it? Under Nebraska law, no divorce…
A divorce decree is a court order that officially ends a marriage. In doing so, the decree defines the division of property between spouses, awards legal and physical custody of minor children, and states whether either spouse owes a child support obligation. Most decrees are written by attorneys, capturing the settlement agreements reached between spouses….
There may be times during your divorce when you are asked to testify in the courtroom. “Testify” means to answer questions under oath. Before you testify in open court, you will be sworn in as a witness, meaning you swear (or affirm) to tell the truth. The thought of being on the witness stand and…
To divide many types of retirement accounts in a divorce, federal law requires that special court orders called Qualified Domestic Relations Orders be submitted and approved by the court. This order, referred to as a QDRO, provides instructions to a retirement plan administrator on how to divide funds from a retirement account after a divorce…
A settlement conference can be a powerful tool for the resolution of your case. It is a meeting held with you, your spouse, and your lawyers with the intention of negotiating the terms of your divorce. Settlement conferences are most effective when both parties and their attorneys see the potential for a negotiated resolution and…
For divorced parents operating under the provisions of a parenting plan, a need may arise to ask a court to revisit the plan because certain provisions are either antiquated or not working. For example: Parenting time provisions no longer apply because our children are no longer in daycare. The right of first refusal has become…
Your divorce may result in the court ordering two types of support payments – child support and/or alimony. One way to ensure court-ordered is paid in full is to request the payor (the person ordered to pay support) to maintain a life insurance policy. The recipient should be named the beneficiary of the policy and…
To complete a divorce, a significant amount of information must be exchanged between you and your spouse. What assets do we own? What debts do we owe? What parenting-time schedule would you prefer? Discovery is the legal process of exchanging information. To do so, spouses typically answer two types of requests for information. The first…
The Nebraska Child Support Guidelines provide for adjustments in child support if the parent paying support has 28 days of parenting time or more in any 90-day period. This is known as a child support abatement. Adjustments to a parent’s child support obligation can also be made if that parent’s parenting time substantially exceeds an…
As April 15th creeps closer, spouses often have questions and concerns about how to file their taxes both during divorce and after. What filing status should I report on my taxes? Who gets to claim our marital deductions this year? How is our tax refund divided? Here are some answers to tax questions commonly asked…