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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.

Legal Process

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

Why a Flat Fee Uncontested Divorce in Nebraska Could Be the Best Path Forward for Your Family

Divorce is one of life’s most challenging transitions, but it does not have to be long, costly, or emotionally draining. If you and your spouse are on the same page and can agree on all the important issues, an uncontested divorce with a flat fee can offer clarity, control, and peace of mind as you move forward. What Makes an Uncontested Divorce Different? An uncontested divorce means both spouses agree on all key parts of their separation before filing with the court. This includes child custody, support, division of assets and debts, and alimony. Because there is no dispute, you
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Mediation Mondays: A Simple Checklist to Prepare for Mediation

Mediation works best when both parties arrive prepared, focused, and ready to participate in good faith. Whether you’re headed into a divorce, custody, or family mediation, taking a few simple steps ahead of time can make the process smoother and more productive. 1. Clarify Your Goals Before mediation, take time to think about what truly matters to you. What are your priorities? Are there outcomes you feel strongly about, and where do you have flexibility? Knowing your goals helps you communicate more clearly during the session. 2. Organize Important Documents Bring any documents that may be relevant to your situation.
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Mediation Mondays: A Mediation Phrase That Changes Everything

In the middle of conflict, people often default to defending themselves rather than trying to understand the other side. Tension rises, assumptions grow, and conversation shuts down. But in mediation, one simple phrase can lower the temperature and open the door to real problem-solving: “Help me understand…” Those three words shift the dynamic from confrontation to curiosity, making it easier for both people to move toward a workable solution. When someone uses this phrase, it invites clarity instead of escalation. Rather than responding with anger or shutting down, the other person feels seen and heard—something most people desperately need in
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Mediation Mondays: The Power of Listening

We often enter mediation ready to make our case — prepared with facts, feelings, and frustrations we’ve been holding onto for months or even years. But true progress in mediation doesn’t begin with speaking; it begins with listening. When both people feel genuinely heard, the conversation shifts from confrontation to connection, and that’s where resolution starts to take root. In the middle of a difficult conversation, it’s easy to focus on what you want to say next rather than what the other person is trying to express. But in mediation, listening is one of the most powerful tools you have.
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Property Division in Divorce: What “Fair” Really Means in Iowa 

One of the biggest questions in any divorce is: Who gets what?  The answer isn’t always simple. In Iowa, the law uses a system called equitable distribution. That might sound complicated, but it really means this: the court divides property in a way that is fair, which doesn’t always mean splitting everything 50/50.  Fair Doesn’t Always Mean Equal  When judges decide how to divide property, they look at the big picture. Instead of automatically cutting everything in half, they consider factors such as:  Every family looks different, so what’s “fair” for one couple might not be fair for another.  What
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Mediation Mondays: How Mediation Can Save You Time, Money and Stress During Divorce

Divorce doesn’t have to mean long court battles, high costs, and months of emotional strain. For many couples, mediation offers a more peaceful, efficient path forward. By focusing on collaboration instead of confrontation, mediation can help you save time, money, and stress—while keeping more control in your own hands. 1. Mediation Saves Time Traditional divorce litigation can take months—or even years—to resolve. Mediation streamlines the process by removing crowded court schedules and lengthy filings. With the help of a neutral mediator, couples can often reach agreements in a matter of weeks, not months. That means less waiting, less uncertainty, and
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Mediation Mondays: Top Qualities to Look for in a Divorce Mediator

Choosing a mediator is one of the most important decisions you’ll make during your divorce. The right professional can help you reach fair agreements while minimizing conflict, stress, and cost. But not all mediators are the same. Here are the top qualities to look for when making your choice: 1. NeutralityA good mediator doesn’t take sides. Their role is to guide both parties toward resolution, not to advocate for one spouse over the other. Neutrality helps ensure trust in the process. 2. Strong Communication SkillsMediators must listen carefully, ask the right questions, and explain complex issues in plain language. They
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Divorce in Iowa: The Basic Steps You Need to Know

Starting a divorce can feel overwhelming. The good news? Once you understand the basic steps, the process feels more manageable. Here’s a simple roadmap of what happens in an Iowa divorce, from filing that first piece of paper to receiving your final decree.  Step 1: Filing the Petition – Making It Official  Every divorce begins with a Petition for Dissolution of Marriage. This is the document that tells the court you’re asking to legally end your marriage.  The Petition usually includes:  Step 2: Serving the Other Party – Giving Notice  Once the Petition is filed, your spouse must be officially
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Are We Technically Married? The Truth About Common Law Marriage and Divorce in Iowa

If you’ve been living with your partner, sharing a home, bills, or even a last name, you may wonder: are we legally married? In Iowa, the answer might be yes—even if you never had a wedding or a marriage license. That’s because Iowa recognizes common law marriage. And while the concept sounds simple, the reality is often complicated. What Is Common Law Marriage? A common law marriage is a legally valid marriage created without a ceremony or license. If the court finds one exists, you and your partner have the same rights as any other married couple, including the right
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Protecting the Freedom to Marry in Nebraska: Our History, the Current Risk, and Steps You Can Take Now

At Koenig | Dunne, we have always believed in the dignity of marriage for all couples. In 2014, we partnered with the ACLU of Nebraska to file the landmark federal lawsuit Waters v. Ricketts on behalf of seven courageous same-sex couples to secure the legal right to marry in Nebraska. On March 2, 2015, the U.S. District Court for Nebraska struck down Nebraska’s constitutional ban on same-sex marriage. This victory was not just a legal milestone, it was one of the most meaningful moments in our firm’s history. The Current Risk to Marriage Equality in Nebraska The freedom to marry
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