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Category: Legal Process

Insightful blogs by esteemed Nebraska divorce attorneys. Navigate the divorce process with expertise and confidence. Get informed, stay empowered.

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Legal Process

Insightful blogs by esteemed Nebraska divorce attorneys. Navigate the divorce process with expertise and confidence. Get informed, stay empowered.

Settlement v. Trial: 10 Things to Consider

March 11, 2024 / ,
All divorces end by either settling or going to trial. While the vast majority take the former route, settlement is not always the best or most appropriate option. Determining whether to settle or to take your case to trial can be a difficult decision. Here are some questions to consider when making your decision. How fast do I want my case resolved? If completing your case as soon as possible is important to you, then settlement may be favorable to trial. How much money am I willing to spend on my case? Trials can add a significant cost to your
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Keep Your Divorce Confidential: 5 Tips for Protecting Your Attorney Client Privilege

February 26, 2024 / , ,
Communications between you and your lawyer are protected by one of your rights known as the attorney-client privilege. The purpose of the attorney-client privilege is to encourage you to disclose all relevant information related to your case to your attorney by protecting certain disclosures from being revealed at a hearing or trial. This privileged information remains private and confidential between you and your attorney (and your legal team), unless the privilege is waived by voluntary disclosure to third parties. To ensure that communications between you and your lawyer remain confidential, and to protect against losing such privilege, below are tips
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Divorce Mediation for Business Owners 

September 27, 2022 / , ,
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

September 13, 2022 / , ,
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

July 26, 2022 / , ,
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

June 28, 2022 / , ,
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?

November 16, 2021 / , , ,
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?

September 21, 2021 / , ,
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?

September 14, 2021 / , ,
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

September 7, 2021 / , ,
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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