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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.

3 Techniques for Finding Hidden Income in a Divorce

December 18, 2018 / ,
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
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Five Tips for Collecting Evidence for a Divorce

October 9, 2018 / , ,
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
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5 Common Questions About Remarriage After Divorce

October 2, 2018 / ,
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
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Obtaining a Domestic Abuse Protection Order in Nebraska

September 25, 2018 / , ,
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
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TRICARE Health Insurance Coverage and Divorce

October 24, 2017 / ,
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
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Going to Court

October 17, 2017 / , ,
“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
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Your First Legal Documents: Why You Might Be Surprised About the Allegations or Requests in your Spouse’s Court Documents.

October 10, 2017 / ,
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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Health Insurance and Divorce in Nebraska – Your Options

September 26, 2017 / , ,
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
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Five Types of Discovery Commonly Issued in Divorce Cases

September 5, 2017 / ,
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
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How to Provide Notice to Your Spouse that You Filed for Divorce

August 15, 2017 / ,
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
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