Skip to content

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.

Health Insurance and Divorce in Nebraska – Your Options

How you will maintain health insurance coverage during and after your divorce is an important issue to be considered.  Your options may be complex and expensive, and the impact of having a lapse in coverage can range from unfortunate to disastrous. Divorce is considered a Qualifying Life Event, which makes you eligible for a Special Enrollment Period, allowing you to enroll in health insurance coverage outside of the yearly Open Enrollment Period, which generally takes place in November or December of each year.  Below are 5 options to consider for obtaining post-divorce health insurance coverage. Remain on Ex-Spouse’s Health Insurance
Read More

Five Types of Discovery Commonly Issued in Divorce Cases

During the pendency of your divorce, you and your spouse may gather information needed to resolve your case. This process, known as discovery, is the formal exchange of information. It helps prepare a case for trial, narrow issues in the case, facilitate settlement, or eliminate any surprise at trial. You may receive discovery requests from your spouse (or your spouse’s attorney). You may also send discovery requests for your spouse’s completion. In discovery requests, parties may request not only relevant information, but also information which may lead to relevant information. You may be required to provide information in your discovery
Read More

How to Provide Notice to Your Spouse that You Filed for Divorce

To initiate a divorce, you must file a complaint for dissolution of marriage.  The complaint is a legal document filed with the Clerk of the District Court. It sets forth facts and asks the judge to make certain orders. To proceed with your case, you need to notify your spouse that the complaint was filed. This notice is called “service” or “service of process.” There are 3 ways to give your spouse official notice that the complaint has been filed: Voluntary Appearance Service by Sheriff Alternative Method of Service (Service by Publication) Voluntary Appearance A voluntary appearance is a document
Read More

Timeline for Divorce in Nebraska

How long will my divorce take?  This is one of the most common questions during an initial consultation.  There are many unknowns during the divorce process and the ultimate timeline for the completion of a divorce is one of them. The earliest timeframe in which you can complete your divorce is 60 days after the Complaint for Dissolution is filed and the Defendant-Spouse has received notice of the filing.  The notice requirement is completed by either having the sheriff serve them a copy of the Complaint or by the Defendant-Spouse filing a voluntary appearance with the Clerk of the District
Read More

Nebraska Residency and Divorce – Does Where You or Your Spouse Live Matter?

Whether a court has power to hear and rule on a divorce depends on the residency of at least one of the spouses.  That is, has one of the spouses lived in Nebraska for more than one year with the intention of making Nebraska his or her permanent home? How long do I have to live in Nebraska to get a divorce? Either you or your spouse must have been a resident of Nebraska for at least one year to get a divorce in Nebraska.  However, if you were married in Nebraska and have lived in Nebraska for the duration
Read More

3 Ways to Value your Home in a Divorce in Nebraska

In a divorce, it’s likely your martial home is one of the most valuable assets you and your spouse own.  Regardless of which spouse keeps the home, the equity in the home will need to be divided.  Equity is the difference between the value of the home and the amount owed in mortgages (or other liens, such as a home equity line of credit) against the property.  To determine how much equity is in your home, you’ll need to determine the value of your home.  This can be determined a number of ways in a divorce in Nebraska. You and
Read More

What is the Difference Between a Restraining Order and a Domestic Abuse Protection Order?

There is a distinct difference between a restraining order and a domestic violence protection order in a divorce case.  Restraining orders and protection orders are both court orders that direct a person to engage or not engage in certain behavior. A restraining order may be issued in a divorce case regarding multiple aspects of your case.  For example, a restraining order may instruct both parties not to display any behavior meant to harass, insult, or intimidate the other spouse.  It may also order both parties not to take any actions that impact the marital estate, including transferring, hiding, or disposing
Read More

5 Tips for Successful Parenting Plan Mediation in Nebraska

The Nebraska Parenting Act requires any parent involved in a court case regarding child custody, such as a divorce, legal separation, paternity action, or modification of custody action, to create a parenting plan for the court’s approval.  A parenting plan is an agreement or court order that sets forth both parents’ rights and responsibilities regarding their minor children, including custody and parenting time arrangements. If the parties are unable to develop a parenting plan on their own or with the help of their attorneys, the parties will be required to attend mediation.  Mediation is a process in which a neutral
Read More

Top 5 Questions Regarding Depositions in Nebraska

What is a deposition? A deposition is the asking and answering of questions under oath, outside of the courtroom, in the presence of a court reporter. You will be “sworn in” and asked a number of questions by the attorney for the opposing party.  Your attorney may ask you a few questions as well. A deposition may be taken of you, your spouse, or other potential witnesses in your case. After the deposition, the questions and your answers will then be transcribed (typed up) by the court reporter exactly as given.  A printed or electronic copy of your testimony will
Read More

Archives