Communications between you and your lawyer are protected by one of your rights known as the attorney-client privilege. The purpose of the attorney-client privilege is to encourage you to disclose all relevant information related to your case to your attorney by protecting certain disclosures from being revealed at a hearing or trial. This privileged information…

There is a distinct difference between a restraining order and a domestic violence protection order in a divorce case.  Restraining orders and protection orders are both court orders that direct a person to engage or not engage in certain behavior. A restraining order may be issued in a divorce case regarding multiple aspects of your…

The Nebraska Parenting Act requires all parents involved in a legal action regarding custody or parenting time to have a parenting plan.  A parenting plan is a document that details how you and the other parent will parent your child upon divorce or separation. To finalize a parenting plan, you have three options: You and…

If an order has been entered that awards you child support and the other parent is behind by at least one full month in the child support payments, it is possible to pursue an enforcement action to collect the past-due child support. In Nebraska, most counties have designated the county attorney as responsible for enforcement…

The Nebraska Parenting Act requires any parent involved in a court case regarding child custody, such as a divorce, legal separation, paternity action, or modification of custody action, to create a parenting plan for the court’s approval.  A parenting plan is an agreement or court order that sets forth both parents’ rights and responsibilities regarding…

What is a deposition? A deposition is the asking and answering of questions under oath, outside of the courtroom, in the presence of a court reporter. You will be “sworn in” and asked a number of questions by the attorney for the opposing party.  Your attorney may ask you a few questions as well. A…

Once the judge signs an order or decree that sets forth a child support obligation, the order/decree is then processed by the Clerk of the District Court.  The Clerk’s office will then notify the Nebraska Child Support Payment Center (NCSPC) that a child support order has been entered.  This process can sometimes takes up to…

A major component of a divorce in Nebraska is the division of the marital estate.  The marital estate is comprised of the assets and debts acquired during the course of the marriage (except for property deemed non-marital). But how do you know which date to use to value the marital estate? What if the parties…

One of the biggest decisions to be made during the divorce process is what will happen to the family home?  This decision is more than just a legal one.  It impacts both emotions and finances. Although there are many factors to consider, generally there two options for the home – either one spouse will keep…

The marital estate includes all property, assets, debts, and liabilities acquired by the parties during the course of the marriage. The marital estate does not include property acquired through a gift or inheritance.  Similarly, the marital estate does not include property acquired by one spouse before the marriage.  If the premarital property can be easily…

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