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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.

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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.

Filing Taxes During Divorce

March 20, 2018 /
As April 15th creeps closer, spouses often have questions and concerns about how to file their taxes both during divorce and after. What filing status should I report on my taxes? Who gets to claim our marital deductions this year? How is our tax refund divided? Here are some answers to tax questions commonly asked by spouses going through divorce. Which Marital Status May I Choose? Whether you may file as single or married is determined by your marital status on December 31st of the tax year. For example, if your divorce becomes final on October 1, 2018, you may
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Gathering Information to Prepare for Divorce

March 13, 2018 /
If you are considering divorce, or are in the beginning stages of your divorce, you may wonder what information or documentation will be needed throughout the process. Depending on the issues of your case, you may need to provide bank statements, pay stubs, or bills. Here are the most common documents you will need during your divorce: Federal income tax returns for (at least) the two most recent tax years, including W-2s, 1099s, and all Schedules and Attachments. Why? Tax returns include a lot information that will be helpful for you and your attorney during your divorce. They provide an
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Five Tips for Writing a More Persuasive Personal Affidavit

March 6, 2018 /
Most Nebraska courts decide temporary divorce hearings by reading the sworn personal statements of spouses rather than having spouses testify in court. These personal statements are referred to as “personal affidavits,” and they are perhaps the most important documents that courts consider when ruling on temporary issues. It is therefore critical that your personal affidavit is well written, persuasive, and easy for a court to read. While your attorney will help you to draft your personal affidavit, you can help your attorney by providing him or her with a polished first draft. Tip 1: Write About One Topic at a
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Awards of Attorney’s Fees in Divorce

February 27, 2018 /
Divorces can be costly and the total expense is often unpredictable. The cost of your divorce will depend upon many factors (such as whether you have children, the value of your assets, the willingness to settle versus going to trial, and the length of time from filing to resolution). In addition, you may be responsible for filing fees, mediation fees, witness fees, and, most commonly, attorney’s fees. You may ask the court to order your spouse to pay your legal fees. When you file for divorce, if you are without sufficient funds you can ask that your spouse contribute to
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What to Expect from the Mediation Process During Divorce

February 20, 2018 /
When you and your spouse are unable to reach settlement during divorce, one of the first resources available to work past impasse is mediation. In divorces with children, Nebraska law requires mediation, but mediation is often utilized even when children are not at issue. What is mediation? Mediation is a way for you and your spouse to talk with the help of a neutral third-party. The role of the neutral third-party, the mediator, is not to take sides, but rather to help you communicate your goals and concerns, while also encouraging you to brainstorm resolutions. While the process of mediation
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How Temporary is a Temporary Order?

February 6, 2018 /
During your divorce, some issues between you and your spouse are time sensitive and must be addressed before you reach a final settlement, or the court enters a final ruling on your case. For example: Who gets to stay in our home? What will parenting time look like between us? What amount of child support or alimony will either of us pay? Who will be responsible to pay for our family’s health insurance coverage? When spouses are unable to reach agreement on time-sensitive matters, either spouse may ask a court for a temporary order to decide these issues. When does
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Should You Ask for a Guardian Ad Litem?

January 30, 2018 /
If custody and/or parenting time issues are contested, it may be helpful for a neutral, third party to step in to help assess what’s in the best interests of your child. A guardian ad litem (GAL) is someone who is appointed by the court for this purpose. GALs are usually lawyers with special training. You may ask your judge to appoint a GAL at any point if you believe that the assistance of a neutral person, whose sole purpose is to assess your child’s best interests, would be beneficial. Talk with your family law attorney about requesting a GAL if
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What is a Custody Evaluation?

January 23, 2018 /
If custody is a contested issue in your divorce, you may consider seeking a custody evaluation. A custody evaluation, performed by a child custody expert, is used by the court to determine what custodial arrangement is in the best interests of your child. A child custody expert is a neutral evaluator, usually a licensed psychologist, whose role is to determine the bests interests of the child and to make recommendations to the court regarding custody and parenting time. He or she will conduct a complete evaluation of the parties, conduct psychological testing, interview the parents and the child, and evaluate
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Is My Premarital Agreement Enforceable?

January 9, 2018 /
A premarital agreement (sometimes referred to as a “prenuptial agreement”) is a contract entered into between two people prior to their marriage. Before marriage, a couple may contract with respect to property rights, alimony, inheritance, and which state’s laws will govern the enforcement of the agreement in the event that their marriage ends in divorce. In Nebraska, premarital agreements must be in writing and signed by both people. Because the agreement is made in contemplation of marriage, it only becomes effective upon marriage. Premarital agreements are treated as ordinary contracts. Generally speaking, people may include provisions in their premarital agreement
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Will My Child Have a Say?

January 2, 2018 /
During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent?  The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will
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