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.

3 Ways to Value your Home in a Divorce in Nebraska

July 18, 2017 / Divorce Made Simple, Divorce Tips, Legal Process

In a divorce, it’s likely your martial home is one of the most valuable assets you and your spouse own. Regardless of which spouse keeps the home, the equity in the home will need to be divided. Equity is the difference between the value of the home and the amount owed in mortgages (or other liens, such as a home equity line of credit) against the property. To determine how much equity is in your home, you’ll need to determine the value of your home. This can be determined a number of ways in a divorce in Nebraska. You and

What is the Difference Between a Restraining Order and a Domestic Abuse Protection Order?

June 27, 2017 / Divorce Made Simple, Legal Process

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 case. For example, a restraining order may instruct both parties not to display any behavior meant to harass, insult, or intimidate the other spouse. It may also order both parties not to take any actions that impact the marital estate, including transferring, hiding, or disposing

What is a Parenting Plan in Nebraska?

June 20, 2017 / Children, Divorce Made Simple

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 the other parent may agree on the terms of the plan, with or without the help of legal counsel. You and the other parent may use a parenting plan mediator to reach agreement regarding the terms of the plan. If an agreement regarding all aspects

What To Do if You Aren’t Receiving Your Child Support Payments

June 13, 2017 / Children, Divorce Made Simple

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 of child support obligations. Some counties have attorneys who are specifically designated to perform child support enforcement services. These attorneys are often referred to as authorized attorneys or child support attorneys. If the other parent is not paying the court ordered child support obligation, you

5 Tips for Successful Parenting Plan Mediation in Nebraska

June 6, 2017 / Children, Divorce Made Simple, Legal Process

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 their minor children, including custody and parenting time arrangements. If the parties are unable to develop a parenting plan on their own or with the help of their attorneys, the parties will be required to attend mediation. Mediation is a process in which a neutral

How to Pay or Receive Child Support in Nebraska

May 23, 2017 / Children, Divorce Made Simple, Financial Support

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 two (2) weeks. Once the Nebraska Child Support Payment Center receives and processes the child support obligation, the NCSPC will assign each party (the party ordered to pay support and the party receiving support) a unique Agency-Related Person Identification Number. This is known as your

Valuation Date for Division of Marital Estate

May 16, 2017 / Divorce Made Simple

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 file for divorce in January, but continue living together and maintain their finances together until their divorce is final in October? What if the parties are still married, but have been living separately (physically and financially) for the last eight months? What if the court

What Happens to the Family Home in a Divorce

May 9, 2017 / Divorce Made Simple

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 it or it will be sold. Option A. One Spouse keeps the home. How do you decide who keeps the home? Deciding who will remain in the family home is a big decision. If spouses can’t agree who will remain in the home after the

The Marital Estate – What is Included and How is it Divided?

May 2, 2017 / Divorce Made Simple

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 identified at the time of the divorce, it will not ordinarily be included as a part of the marital estate to be divided. For marital property, it does not matter how the property or debts are titled. For example, if one spouse has a retirement

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