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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.

What Does “Best Interests of the Child” Mean?

October 3, 2017 / ,
Parents involved in custody actions are eager to know how a judge will decide custody of their children. The Nebraska Parenting Act provides that the paramount concern in any decision regard custody, parenting time, or other child-related issues is what is in the minor child’s best interests. This standard is simply known as the “best interests of the child” standard. It is a child-focused approach to making decisions that affect the well-being of the child. Nebraska law provides a non-exhaustive list of factors that a court may consider when determining what is in the best interests of the child. For
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Health Insurance and Divorce in Nebraska – Your Options

September 26, 2017 / , ,
How you will maintain health insurance coverage during and after your divorce is an important issue to be considered.  Your options may be complex and expensive, and the impact of having a lapse in coverage can range from unfortunate to disastrous. Divorce is considered a Qualifying Life Event, which makes you eligible for a Special Enrollment Period, allowing you to enroll in health insurance coverage outside of the yearly Open Enrollment Period, which generally takes place in November or December of each year.  Below are 5 options to consider for obtaining post-divorce health insurance coverage. Remain on Ex-Spouse’s Health Insurance
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I Want Custody of my Children – But What Does that Mean?

September 19, 2017 / ,
If your case involves minor children, a determination of the custodial arrangement that is in theirs best interests will be made. In Nebraska, there are two types of custody – legal and physical. Each serves a different purpose, and there can be variations on how legal and physical custody is awarded. Remember – the paramount concern in the court’s eyes is which arrangement will be in the best interests of your children, not what is in the best interests of the children’s parents. Legal custody refers to the power to make fundamental decisions regarding your children. Fundamental decisions can include
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Children’s Bill of Rights During Divorce

September 12, 2017 / ,
The biggest fear parents have during divorce is the impact it will have on their children.  Putting the needs and best interests of your children first during a divorce can look different for every family. Even during a time of great stress and turmoil, parents have a responsibility and opportunity to truly support their children.  One way is to remember your child’s rights. 1. Your child has a right to love both of their parents. 2. Your child has a right to not to have to choose between their parents. 3. Your child has a right to not to have
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Five Types of Discovery Commonly Issued in Divorce Cases

September 5, 2017 / ,
During the pendency of your divorce, you and your spouse may gather information needed to resolve your case. This process, known as discovery, is the formal exchange of information. It helps prepare a case for trial, narrow issues in the case, facilitate settlement, or eliminate any surprise at trial. You may receive discovery requests from your spouse (or your spouse’s attorney). You may also send discovery requests for your spouse’s completion. In discovery requests, parties may request not only relevant information, but also information which may lead to relevant information. You may be required to provide information in your discovery
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How to Modify Your Child Support Order

August 22, 2017 / , ,
In Nebraska, once a child support order is entered, it remains in effect until the minor child reaches the age of majority (19 in Nebraska), dies, remarries, becomes emancipated, or until further order of the court. “Until further order of the court” means that child support orders are modifiable, that is, they can be changed. The Nebraska Child Support Guidelines sets forth rules as to when the court can modify child support. First, the parent must show to the court that there has been a material change in circumstances that affects the child support calculation. This will usually be a
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How to Provide Notice to Your Spouse that You Filed for Divorce

August 15, 2017 / ,
To initiate a divorce, you must file a complaint for dissolution of marriage.  The complaint is a legal document filed with the Clerk of the District Court. It sets forth facts and asks the judge to make certain orders. To proceed with your case, you need to notify your spouse that the complaint was filed. This notice is called “service” or “service of process.” There are 3 ways to give your spouse official notice that the complaint has been filed: Voluntary Appearance Service by Sheriff Alternative Method of Service (Service by Publication) Voluntary Appearance A voluntary appearance is a document
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Tips for Payment and Reimbursement of Childcare and Uninsured Medical Expenses for Children

August 8, 2017 / , ,
The Nebraska Child Support Guidelines recognizes that both parents have an equal duty to provide financial support to their children in proportion to their respective net incomes.  There are three main types of financial support for children that will be addressed in a divorce. Child support Childcare expenses, which are due to the employment of either parent, or to allow the parent to obtain training or education needed to obtain a job or enhance earning potential Reasonable and necessary uninsured medical expenses Pursuant to the Nebraska Child Support Guidelines, payment for childcare expenses and uninsured medical expenses for children is
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Timeline for Divorce in Nebraska

August 1, 2017 / ,
How long will my divorce take?  This is one of the most common questions during an initial consultation.  There are many unknowns during the divorce process and the ultimate timeline for the completion of a divorce is one of them. The earliest timeframe in which you can complete your divorce is 60 days after the Complaint for Dissolution is filed and the Defendant-Spouse has received notice of the filing.  The notice requirement is completed by either having the sheriff serve them a copy of the Complaint or by the Defendant-Spouse filing a voluntary appearance with the Clerk of the District
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Nebraska Residency and Divorce – Does Where You or Your Spouse Live Matter?

July 25, 2017 / ,
Whether a court has power to hear and rule on a divorce depends on the residency of at least one of the spouses.  That is, has one of the spouses lived in Nebraska for more than one year with the intention of making Nebraska his or her permanent home? How long do I have to live in Nebraska to get a divorce? Either you or your spouse must have been a resident of Nebraska for at least one year to get a divorce in Nebraska.  However, if you were married in Nebraska and have lived in Nebraska for the duration
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