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.

Temporary Child Support in Nebraska

March 24, 2020 / Children, Divorce Made Simple, Legal Process

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

Understanding the Phases of a Divorce Trial

January 7, 2020 / Divorce Made Simple, Legal Process

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

How to Legally Change Your Name in Nebraska

December 10, 2019 / Divorce Made Simple, Legal Process

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

3 Techniques for Finding Hidden Income in a Divorce

December 18, 2018 / Divorce Made Simple, Legal Process

The amount of your spouse’s income has two significant impacts on your divorce: child support and alimony. While most spouses are forthright about their income, some minimize or hide their earnings in an attempt to improve their outlook on child support or alimony. This is especially true in cases where spouses are self-contractors, business owners, or cash laborers. Here are three legal techniques your legal team can employ to provide an accurate calculation of your spouse’s income: Discovery Requests Discovery requests are written demands to your spouse to produce information and documents. These demands are typically the first technique used

Five Tips for Collecting Evidence for a Divorce

October 9, 2018 / Divorce Made Simple, Divorce Tips, Legal Process

Divorce trials and other court hearings often hinge on which spouse can provide the best evidence to the court to support his or her arguments. Which spouse has been his or her child’s primary caregiver? How much income has a spouse earned over the past year? Did a spouse acquire a disputed piece of property before marriage? When courts must decide these types of issues, courts must rely on the evidence they are presented by the parties. Here are five tips for improving the evidence for your case: Written Communication If something important must be said between you and your

5 Common Questions About Remarriage After Divorce

October 2, 2018 / Divorce Made Simple, Legal Process

If you get divorced in Nebraska, you must wait six months after your divorce is final before you can re-marry. If you are contemplating getting married after divorce, you may have some questions about what will happen. Below are answers to common questions about remarriage after divorce: Does remarriage affect child support? No. When calculating child support, only your income and your former spouse’s income is considered. Your new spouse’s income is not factored into the equation. In other words, you will not have to recalculate support based on your new spouse’s income. If I have children with my new

Obtaining a Domestic Abuse Protection Order in Nebraska

September 25, 2018 / Divorce Made Simple, Domestic Violence, Legal Process

Spousal abuse is a potentially life-threatening situation—the seriousness of which cannot be overstated. If you or your children are experiencing physical violence, or even the threat of physical violence, from your current or former spouse, you should seek advice from your attorney immediately about obtaining a domestic abuse protection order. Here are the basic steps to obtain a domestic abuse protection order in Nebraska: Determine Whether You Are Eligible To obtain a domestic abuse protection order for you or your children, you must be either the current or former spouse of the abuser, a current or former romantic partner of

TRICARE Health Insurance Coverage and Divorce

October 24, 2017 / Divorce Made Simple, Legal Process

While all divorces are challenging, military service presents unique and complex issues for service members and their families to navigate. Whether the former spouse of a service member may retain health insurance coverage through TRICARE is one. TRICARE is a health care program for uniformed service members and their families. Depending on several requirements and criteria, it may be possible for divorced spouses to remain covered under TRICARE and receive the same benefits as the service member. TRICARE Coverage under the “20-20-20” Rule: If the service member has completed at least 20 years of creditable service, the spouses were married

Going to Court

October 17, 2017 / Divorce Made Simple, Divorce Tips, Legal Process

“Going to court” can mean many different things during the divorce process. You may have to go to court for a hearing, a pre-trial conference, or trial. Sometimes it is permissible for your attorney to appear on your behalf without the need for you to go. Sometimes the judge will want to hear you testify. Sometimes the judge will read your sworn statement and listen to the lawyers’ arguments in order to make a decision. The thought of going to court can be anxiety-provoking. The fear of the unknown may set in. It is important to communicate with your attorney

Your First Legal Documents: Why You Might Be Surprised About the Allegations or Requests in your Spouse’s Court Documents.

October 10, 2017 / Divorce Made Simple, Legal Process

Sometimes clients are surprised by what their spouse asks for in the initial documents filed in a divorce. These documents, known as “pleadings” are filed with the court and state the legal basis for the cause along with the requests of each party. In a divorce, the first pleading filed is the complaint for dissolution of marriage. The divorce complaint is signed by the person initiating the divorce process, and then filed with the clerk of the district court to begin the divorce process. The complaint for dissolution of marriage will set forth in general terms what the plaintiff (the

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