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Category: Legal Process

Legal Process

Divorce Mediation for Business Owners 

At Koenig|Dunne, we know that divorce is one of the most challenging and stressful times of your life, regardless of the circumstances.    For business owners, facing a divorce can seem even more challenging.  Many business owners are worried about the impact the divorce will have on their business, or if their business will survive the divorce at all.   Going through a contested, litigated business divorce may negatively impact the business, as the divorcing owners’ time, attention, and energy is pulled away from work to tend to meetings with lawyers, experts, and court hearings that can last months (to years).  That
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The Benefits of Divorce Mediation- Part 1

When facing divorce, there are many factors to consider, and no two divorces are the same.  For spouses interested in a mediated divorce, you will focus on achieving a fair and equitable settlement through the mediation process.  You will work with a neutral third-party mediator to reach a mutually acceptable and sustainable resolution without court intervention.    For many spouses, the divorce mediation process has benefits over the traditional litigated divorce process, including:  Puts Children First  Divorce mediation does not focus on tearing one parent down to build the other one up.  Both parents come to the table to work with
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Answers to Common Questions Regarding Same-Sex Marriage, Divorce, Custody, and Estate Planning in Nebraska

Koenig|Dunne is proud to have served the LGBTQIA community for many years, including partnerships with the ACLU, the Nebraska ACLU, and Lambda Legal Defense Fund, to protect and preserve the rights of the LGBTQIA community. Last weekend, our team was happy to show our support for the LGBTQIA community here in Omaha at the 2022 Heartland Pride Parade. During our conversations with members of the community during the event, we heard similar questions being asked of our legal team. Below is a summary of the common questions we were asked and our brief answers.  1. What does the Dobbs decision
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Uncontested Divorce in Nebraska

No two divorces are the same.  Some are highly contested, litigated, and expensive legal actions.  Others are uncontested and require the parties to cooperate to complete the necessary legal documents.  However, they are the same in that they each come with their own sets of challenges and underlying heartbreak. In an uncontested divorce, the parties are able to reach an agreement (usually by having conversations in advance), about the disputed issues in their case, including: Custody of their children Parenting time schedule Payment of child support and the children’s expenses Division of their assets and debts Who will keep the
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Military Divorce in Nebraska: Where Can I File for Divorce?

If you or your spouse is a service member at Offutt Air Force Base and you are considering filing for divorce, the first question you must answer is where do I file?  Every state has different divorce filing requirements, but all states require at least one spouse to be a “legal resident” of the state in which he or she wishes to file. Legal residency (also known as “domicile”) is defined as the state in which a person resides while also intending that state to remain his or her permanent home. This intent requirement becomes more complicated with military divorces, as spouses in a military
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Who Are the Experts in Child Custody Litigation?

In child custody cases, certain individuals can be asked to provide an expert opinion to the court regarding parental fitness, custody, financial matters, and the like. An expert is someone who has specialized knowledge in a certain area and is qualified by skill, experience, training, or education to assist the judge in understanding the issues. Experts are typically authorized to review and receive information, records, and reports concerning all parties involved. He or she will prepare a report with recommendations. The expert may have their deposition taken at the request of a parent and may be subpoenaed to testify at
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What Can and Can’t the Judge Do For You?

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 Evidence is Used in Custody Cases & How to Gather It

From photographs to school records, text messages to family calendars, a variety of evidence may be used during custody litigation in Nebraska. Understanding what evidence is helpful to your case and how to gather it may save valuable time and resources in preparing for a custody trial. Here are a few reasons why evidence is important in your custody case: Evidence may narrow the issues in your case. Evidence may promote settlement. Evidence will help prepare your case for trial. Having evidence outside of verbal testimony allows a judge to visually see exactly what you are talking about. Evidence is
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Temporary Child Support in Nebraska

After your divorce has been filed, you might find that there are temporary issues that need to be resolved before the final Decree is entered and your divorce is complete.  Most commonly, after parents separate households and finances, a temporary child support award is necessary to ensure that the minor children’s financial needs are met during the pendency of the divorce.  If you and your spouse are unable to agree upon the amount of temporary support to be paid each month, your attorney can file a motion for temporary support asking the judge to determine how much child support should
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Understanding the Phases of a Divorce Trial

While every divorce differs, the divorce trial process in Nebraska does not.  Here’s what you can expect: Step 1:  Filing the complaint The person who initiates the divorce by filing the complaint first is referred to as the “Plaintiff,” while the non-filing spouse is referred to as the “Defendant.” The purpose of the complaint is to advise the court that a divorce has been filed and what issues are involved (property division, alimony, children, etc.). Finally, the complaint informs the court what the filing spouse would like to be awarded in the divorce. Step 2:  Service/Voluntary appearance Once the complaint
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