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.

Restoring Your Former Name

August 14, 2018 / Divorce Made Simple

Did you know that you can change your name back to your former name in your divorce? Nebraska law allows for former names (sometimes referred to as “maiden name”) to be restored in a divorce. If you wish to have your former name restored, here’s what you need to know. Include the request to have your former name restored in your complaint or counterclaim. If you are the plaintiff, you should include a specific request to have your former name restored in your complaint – the initial document you file with the court asking for your marriage be dissolved. If

Questions to Remember During Mediation

August 7, 2018 / Divorce Made Simple

Nebraska law requires parents to develop a parenting plan before a divorce can become final. Parenting plans discuss in detail what the co-parenting relationship will look like between former spouses. Some parenting plans are developed during the mediation process. While all parenting-plan mediations will address major parenting issues—such as routine parenting time, holiday parenting time, and legal decision making—it is important not to forget these important topics: What should vacation parenting time look like and much advanced notice should be given? How much telephonic or electronic communication access should our child have with the parent who is not exercising parenting

Important Post-Divorce Actions

July 31, 2018 / Divorce Made Simple

To ensure a smooth transition into your post-divorce new normal, your Koenig│Dunne team has identified the following important actions for you to take: Informational filing. If support (child support and/or alimony) has been ordered in your case, Nebraska law requires you to provide the clerk of the court with your address, telephone number, social security number, employer, and certain information related to employer-provided health insurance. If any of this information changes after your divorce is final, you must provide the updated information to the clerk in your county. Property actions. If you and your former spouse owned a home and

The Discovery Process

July 24, 2018 / Divorce Made Simple

After the initial documents of a divorce have been filed, the “discovery” phase begins. Discovery refers to the legal process of exchanging information and documents between spouses that are needed to either come to a settlement agreement or prepare for trial. This process often requires spouses to gather a number of financial documents and to answer questions relevant to their divorce. Here is an overview of the discovery process: Sending Discovery Requests In order to legally require your spouse to provide you with information or documents, you must send formal discovery requests. These typically come in two different varieties. The

Who Gets to Live in the House During the Divorce?

July 17, 2018 / Divorce Made Simple

One of the first “unknowns” you may encounter when you begin the divorce process is who will get to stay in the marital residence while the divorce is pending. Regardless of whether your marital residence is an apartment or house, whether you’re renting or you own the property, the court can order one spouse to vacate the residence and award possession to the other. A spouse who is seeking to remain in the home (or, a spouse who is looking to remove his or her spouse from the home) may file a motion for exclusive possession of the marital residence.

The First 5 Legal Documents of a Divorce Explained

July 10, 2018 / Divorce Made Simple

The flood of legal documents filed at the beginning of a divorce can seem both overwhelming and incomprehensible. These legal documents are often written in thick “legalese,” and their purposes are not always discernable without context. Here are simple explanations of the five legal documents commonly filed at the beginning of a divorce: The Complaint The first legal document filed in a divorce is the “complaint.” The person who files this document is referred to as the “Plaintiff,” while the non-filing spouse is referred to as the “Defendant.” These labels are not significant in terms of legal advantages. The purpose

What is a Child Support Deviation?

July 3, 2018 / Divorce Made Simple

In Nebraska, child support is determined by following the Nebraska Supreme Court’s child support guidelines. These guidelines are applied as a rebuttable presumption, meaning they are to be followed unless one parent provides evidence, or the court decides the guidelines should not apply under the specific circumstances. When this happens, a deviation has occurred. The Nebraska Child Support Guidelines provide five instances where deviations are permissible: When there are extraordinary medical costs of either parent or child; When special needs of a disabled child exist; When total net income of the parents exceeds $15,000 monthly; For juveniles placed in foster

Credit Cards and Divorce

June 26, 2018 / Divorce Made Simple

Credit card accounts and debt can become contentious issues during the divorce process. How is credit card debt divided? Who keeps the credit cards after divorce? What happens if my spouse obtained a secret credit card during our marriage? Here are answers to five frequently asked questions regarding credit card issues during divorce. How Is Credit Card Debt Divided? Credit card debt accrued during marriage is divided fairly between spouses, which usually means an equal division regardless of which spouse incurred the debt. What If My Spouse Opened a Secret Credit Card During Our Marriage? While the general rule is

Collaborative Divorce vs. Traditional Litigated Divorce

June 19, 2018 / Divorce Made Simple

Collaborative divorce is an alternative method for couples facing divorce. Through the collaborative process, spouses pledge to resolve all issues without court intervention. In a collaborative divorce, spouses focus on settlement with the goal to minimize the negative economic, social, and emotional consequences that families face in the traditional adversarial divorce process. In a traditional divorce, the process to reach a settlement agreement is done so through the lens of the adversarial process, with spouses postured as opponents and case strategy developed to prepare for trial. As such, even when a case settles without a trial, both spouses walk away

Collaborative Divorce Part II

June 12, 2018 / Divorce Made Simple

Not all divorces have to (or should) go to court. Rather, spouses may find that an alternative to litigation will serve them better both during and after the divorce process. In family law related matters, Alternative Dispute Resolution (ADR) processes, such as mediation or collaborative law have risen greatly in popularity in the last 20 years. For example, in 2007 in Nebraska, the Parenting Act was passed, which requires parents involved in litigation regarding custody of their children to attempt mediation to resolve contested issues before a Judge will make a ruling on those disputed issues. Collaborative divorce is often

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