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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.

The Appeal Process, Part II

In Nebraska, there are two levels of appellate courts. The intermediate level is the Nebraska Court of Appeals. In family law cases, a person will first file an appeal with the Nebraska Court of Appeals. After that appeal is decided, and you believe the Nebraska Court of Appeals was also wrong in its ruling, you may appeal to the next level, which is the Nebraska Supreme Court. It is important to consider how the appellate court will review your case. Most orders in family law matters will only be reversed on appeal if the appellate court finds your trial judge
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The Appeal Process, Part I

If the judge made major decisions following your trial with which you seriously disagree, you may consider an appeal to the Nebraska Court of Appeals. People can appeal when they believe the judge made a mistake or misinterpreted the law as it pertains to the facts. Whatever the reasons for the court’s rulings, you may feel that the judge’s decisions are not ones that you can live with. If this is the case, you must talk to your lawyer immediately about your right to appeal. You have 30 days after the court enters its final order to file a Notice
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Divorce and Retirement Accounts

Retirement accounts are often one of the most valuable marital assets to be divided in a divorce. Regardless of whose name is on the account, retirement funds that accrued during the marriage may be divided in a divorce “Retirement accounts” encompass a variety of accounts – individual retirement accounts (IRAs), 401(k) plans, 403(b) plans, Railroad Retirement Board Annuities, Thrift Savings Plans, Military Retired Pay or Pensions. They can be provided through your (or your spouse’s) current place of employment, former employment, or individually obtained. They can be vested or unvested. These assets will be accounted for when inventorying your marital
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Holiday Parenting Time

When crafting your parenting plan with your co-parent, you have to specify which parent will have your children for which holidays. Typically, the major holidays are alternated annually. However, if a parent has particular holidays that are especially important to him or her, accommodations can be made. You may hear your holiday parenting time schedule referred to as “Wilson v. Wilson” parenting time. This refers to the Nebraska Supreme Court case where major holidays were identified and time sharing explained. Wilson identified the following holidays as “major”: Easter, Memorial Day weekend, Fourth of July, Labor Day weekend, Thanksgiving, Christmas (may
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What is the “Right of First Refusal”?

When developing your parenting plan, you and your co-parent will craft a routine parenting time schedule, setting forth specific days and times when each parent will have parenting time. The parent exercising parenting time has the power to make every day parenting decisions during his or her time. Some parents assume that if the “on duty” parent is unable to watch the child(ren), he or she will automatically call the other parent before finding alternate child care. However, no law requires this. Instead, you and your co-parent have the option of including a provision known as the “right of first
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Social Security Benefits and Divorce

If your marriage lasted 10 years or more, and you are now divorcing, you may be able to receive Social Security benefits on your soon-to-be former spouse’s record (or vice versa). In order to receive these benefits on your former spouse’s record, the following criteria must be met: You must be unmarried. At the time your former spouse is eligible to receive Social Security benefits, you must be unmarried to receive your portion. If your former spouse has remarried, your ability to receive benefits on your former spouse’s record will be unaffected. If after your divorce you remarried, but that
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What is the Tax Dependency Exemption and Who Should Get It?

The federal government allows taxpayers to exclude from their income an exemption amount for each person who is a dependent of the taxpayer for that taxable year. You can claim a tax dependency exemption if you are a parent who provides support to a dependent minor child. But what happens after divorce when you no longer file joint returns? In Nebraska, the tax dependency exemption is considered an economic benefit similar to an award of child support or alimony. If the parents do not agree how the exemption should be allocated, the judge hearing the divorce case has the power
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TRICARE Health Insurance Coverage and Divorce

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

“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.

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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