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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.

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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Mediation Mondays: From “You vs. Me” to “What’s Best for Us” — The Mindset Shift of Mediation

Separation or divorce often feels like a battleground. You take your corner, they take theirs, and every decision becomes a tug-of-war. But what if there was another way—one that replaced “you vs. me” with “what’s best for us”? That’s exactly what mediation offers: a mindset shift. Rather than framing every issue as a win-lose proposition, mediation encourages both parties to take a step back and look at the bigger picture—especially in co-parenting situations. Instead of focusing on who gets more time or control, the question becomes: What arrangement supports our children’s well-being? What helps us both move forward with less
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Mediation Mondays: Why Mediation Works Better Than Court for Busy Professionals

For professionals juggling demanding schedules, deadlines, and responsibilities, the thought of adding a legal battle to the calendar can feel overwhelming. Traditional litigation often involves rigid court dates, prolonged timelines, and frequent interruptions to your workday. Mediation offers an alternative that respects your time, your wallet, and your need for efficiency. One of the greatest advantages of mediation is flexibility. Sessions can often be scheduled outside of traditional court hours, including evenings or virtual meetings. This means no scrambling to clear a full day to sit in a courthouse or missing critical moments at work. Mediation works on your time,
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4 Reasons to Choose An Uncontested Divorce in Nebraska

Divorce is a life-changing decision, but how you go through it matters just as much as the decision itself. If you and your spouse are ready to part ways and can agree on the key terms, Koenig|Dunne can help you with an uncontested flat fee divorce. Unlike a contested divorce, which can be long, expensive, and emotionally exhausting, an uncontested divorce allows you to separate amicably, efficiently, and affordably—with far less stress. 1. Flat Fee Billing: Save Money on Legal Fees One of the biggest advantages of an uncontested divorce is the significant cost savings. When both spouses agree on
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Koenig|Dunne Expands Divorce and Family Law Services into Iowa

At Koenig|Dunne, we believe that every family deserves compassionate, skilled legal support—no matter which side of the river they live on. That’s why we’re excited to share some big news: our firm is expanding our divorce and family law services into Western Iowa. Attorney Kelsey Deabler brings over decade of experience practicing family law in Iowa. Kelsey has a deep understanding of Iowa courts and a heartfelt commitment to helping families through some of life’s most difficult transitions. Her approach aligns perfectly with our goals to serve our clients: to provide clear guidance, unwavering support, and smart solutions during times
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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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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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How to Legally Change Your Name in Nebraska

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
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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
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