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.

Collaborative Divorce Part I

June 5, 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. The Collaborative Divorce Team A unique feature of the collaborative divorce process is that spouses will work with specially trained and skilled professionals to reach a fair negotiated settlement, while avoiding the cost, time, and uncertainties of litigation. These professionals include an attorney for each spouse, mental health divorce coaches, child specialists, and may include a financial specialist. Family-Centered and Creative Solutions Because spouses and their collaborative team commit to negotiate a mutually acceptable and sustainable resolution

What is a District Court Referee?

May 29, 2018 / Divorce Made Simple

While most family law cases in Nebraska are heard exclusively by Nebraska district courts, a small number of family law cases are instead heard by district court referees, often referred to as child support referees. Who is a District Court Referee? District court referees are attorneys who have been appointed by Nebraska courts to provide rulings on certain family law issues. They are typically longstanding practitioners who have a great deal of experience in family law. A district court referee listens to evidence presented by parties at trial, similarly to a district court judge. What Type of Cases Are Assigned

Divorce Timetables

May 22, 2018 / Divorce Made Simple

Nearly all phases of your divorce will be accompanied by timelines providing when certain actions must be taken or prohibiting certain actions from being taken. The following are some common timelines to help you decipher what must be done during your divorce and when. Mandatory waiting period What is it? Under Nebraska law, no divorce can be final until 60 days after service of process has been perfected. What’s the timetable? Your divorce starts with one spouse filing a complaint for dissolution of marriage. After that document is filed with the court, it must be “served” on the other spouse.

Translating Legalese: Part 2

May 15, 2018 / Divorce Made Simple

A divorce decree is a court order that officially ends a marriage. In doing so, the decree defines the division of property between spouses, awards legal and physical custody of minor children, and states whether either spouse owes a child support obligation. Most decrees are written by attorneys, capturing the settlement agreements reached between spouses. These types of decrees are commonly referred to as consent decrees because both spouses consented to their contents as opposed to a judge authoring the decree after a trial. Some of the clauses contained in a divorce decree can be difficult to understand. Here are

5 Tips for Testifying In Court

May 8, 2018 / Divorce Made Simple

There may be times during your divorce when you are asked to testify in the courtroom. “Testify” means to answer questions under oath. Before you testify in open court, you will be sworn in as a witness, meaning you swear (or affirm) to tell the truth. The thought of being on the witness stand and answering questions from your attorney and opposing counsel can be anxiety-provoking. You may be afraid of giving the wrong answer or of saying something that you believe will harm your case. You may be leery of opposing counsel and assume he or she is intentionally

Making the Most of Your Settlement Conference

April 24, 2018 / Divorce Made Simple

A settlement conference can be a powerful tool for the resolution of your case. It is a meeting held with you, your spouse, and your lawyers with the intention of negotiating the terms of your divorce. Settlement conferences are most effective when both parties and their attorneys see the potential for a negotiated resolution and have the necessary information to accomplish that goal. Perhaps your attorney has sent a settlement proposal to your spouse’s attorney (or, maybe you’ve received a proposal from your spouse’s attorney). Maybe the attorneys have spoken via phone. You can reach a negotiated settlement through these

5 Considerations When Modifying a Parenting Plan

April 17, 2018 / Divorce Made Simple

For divorced parents operating under the provisions of a parenting plan, a need may arise to ask a court to revisit the plan because certain provisions are either antiquated or not working. For example: Parenting time provisions no longer apply because our children are no longer in daycare. The right of first refusal has become a source of conflict between parents. One parent is not exercising his or her parenting time. If you are contemplating a modification of your parenting plan, here are five considerations to keep in mind: The Unexpected Must Have Occurred To modify a parenting plan, Nebraska

Securing Your Support Payments

April 10, 2018 / Divorce Made Simple

Your divorce may result in the court ordering two types of support payments – child support and/or alimony. One way to ensure court-ordered is paid in full is to request the payor (the person ordered to pay support) to maintain a life insurance policy. The recipient should be named the beneficiary of the policy and the amount of the policy should be sufficient to satisfy the full amount of support ordered in the event the payor dies. Every support award is comprised of two factors – amount & duration: Alimony: If alimony is awarded in your case, you will know

Four Tips to Help Answer Discovery Requests

April 3, 2018 / Divorce Made Simple

To complete a divorce, a significant amount of information must be exchanged between you and your spouse. What assets do we own? What debts do we owe? What parenting-time schedule would you prefer? Discovery is the legal process of exchanging information. To do so, spouses typically answer two types of requests for information. The first is interrogatories, which asks spouses for written answers to questions. The second is requests for production of documents, which asks spouses to provide specific documents, such as bank statements, loan records, or tax returns. If you are tasked with completing these discovery requests, your attorney

What is a Child Support Abatement?

March 27, 2018 / Divorce Made Simple

The Nebraska Child Support Guidelines provide for adjustments in child support if the parent paying support has 28 days of parenting time or more in any 90-day period. This is known as a child support abatement. Adjustments to a parent’s child support obligation can also be made if that parent’s parenting time substantially exceeds an alternating weekend schedule. An example of when an abatement would be appropriate could look like this: Mother has physical custody of the parents’ two children. Father pays child support to Mother. Father has routine parenting time every other weekend and one overnight per week. During

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