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Category: Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

3 Techniques for Finding Hidden Income in a Divorce

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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5 Common Misconceptions About Child Support in Nebraska

In Nebraska, child support is calculated by using a mathematical formula established by state law. While determining child support is an inevitable issue to be resolved in divorce involving minor children, many parents may not understand the specific nuances of child support. For example: How can child support be spent? Am I responsible to pay for anything else beyond my monthly payments? When does child support begin and end? Answers to these questions often surprise divorcing parents. Below are five common misconceptions about child support in Nebraska. Misconception 1: If my ex-spouse and I share joint custody, no child support
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5 Questions to Ask Your Divorce Attorney in the Initial Consultation

When meeting with an attorney for the first time in the divorce process, it is important that you receive candid advice to any questions or concerns that you may have. While your attorney may not be able to answer all of your questions during the initial consultation, your attorney should be able to provide you with guidance and insight. When preparing your list of initial consultation questions, here are five suggestions to add to your list: What information do you need from me? To complete a divorce, a number of documents have to be collected. Ask your attorney to provide
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What Must Be Included In My Parenting Plan?

The Nebraska Parenting Act requires that a parenting plan is created for legal issues involving the custody of a child. While parents may choose to include a number of different agreements in their plan, there are some provisions that are required to be included. Below are 10 items which must be included in a parenting plan: Legal and Physical Custody. Your plan must state who has legal custody (the authority to make fundamental decisions on behalf of the child) and who has physical custody. Examples of some arrangements include the parents have joint legal custody while dad has physical custody,
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Five Tips for Collecting Evidence for a Divorce

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

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

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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How is Child Support Affected by Parenting Time?

In Nebraska, the amount of parenting time with your children directly affects the amount of child support you will receive or owe to your former spouse. Generally speaking, the more parenting time, the more child support you will receive. Here are answers to three frequently asked questions regarding how parenting time affects child support: How Is Parenting Time Calculated? For the purpose of calculating child support, parenting time is defined by the total number of “overnights” that a parent has with the children during a year. For example, if you and your former spouse share an equal amount of parenting
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Post-Trial Actions to Consider if You’re Dissatisfied with the Outcome

Throughout the divorce process, you or your attorney may have disagreed with some of the rulings the judge made. The following are the most common post-trial actions to consider if your case proceeded to trial and you believe the judge erred in the final decision. Motion for New Trial After your trial is complete and you have received the judge’s ruling, you may file a motion for new trial. A new trial is a reexamination in the same court (same judge) of an issue or fact after the court has made its decision. If the new trial is granted, the
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What is the Difference Between Contempt and Modification?

After a divorce has become final, problems can arise between former spouses in complying with the terms of their divorce. For example: My former spouse is not following our parenting plan. My former spouse has not transferred property as ordered in our divorce decree. My former spouse refuses to pay child support or alimony. To address these types of post-divorce issues, your attorney may recommend initiating a “contempt” action or a “modification” action, or both. The following explains the purposes and differences between these two possible actions. Contempt Actions The purpose of a contempt action is to ask a court
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