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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.

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.

Does it Matter Which Spouse Files for Divorce?

Deciding to proceed with a divorce is one of the biggest decisions you’ll make.  Moreover, filing for divorce might feel like a daunting task, even if both spouses want a divorce. So, does it matter which spouse files for divorce?  The short answer is No. In the eyes of the court, both spouses are entitled to adequate notice and a chance to be heard and present arguments. Thus, from the Court’s perspective, it does not matter which spouse files first because the court is a neutral decision-maker. As a neutral decision-maker, the court will not give preference to the spouse based
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What is Equity in My Home, and How Will it Be Divided?

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 are two options for the home – either one spouse will keep it or it will be sold.  Regardless, determining the amount of equity in the family home is an important first step in being able to make this big decision. Simply stated, equity is the difference between the value of the home and the amount
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What Does it Really Mean to File for Divorce?

In Nebraska, divorce is a multi-step process that includes filing for divorce. What the term “file for divorce” means may depend on who is using it. When an attorney uses the term “filing for divorce,” they are generally referring to the legal process of filing a legal document, like a Complaint for Dissolution, with the clerk of the court. However, one spouse may tell the other they have “filed for divorce” before any legal documents have been filed with the court. Instead, they may be using this phrase to mean they have contacted an attorney to begin the process, or their attorney has
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Nonmarital and Premarital Property in a Nebraska Divorce

In almost every Nebraska divorce, spouses must address the issue of determining premarital and nonmarital property. This is especially true in high-wealth divorces, which frequently entail assets acquired from a variety of sources, and second-marriage divorces, which often involve spouses who have acquired a sizable portion of their wealth prior to marriage. Dividing Property in a Nebraska Divorce Under Nebraska law, courts equitably divide all assets and debts acquired by either spouse during marriage, and most courts interpret equitable to mean equal. However, Nebraska courts do not divide premarital and nonmarital property, and instead award such property exclusively to one
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Dividing International Assets in a Nebraska Divorce

Internationally owned assets present unique challenges during a divorce. As global holdings and investments have become more common for Nebraskans, so too have the complexities in equitably dividing international property. While each international asset presents its own unique challenge to divide in a divorce, some assets are more challenging to divide than others. And when significant amounts of marital wealth are held abroad, it is vital that divorcing spouses secure experienced legal representation to protect their interests. How Are Internationally Held Assets Treated in a Nebraska Divorce? Under Nebraska law, Nebraska courts may equitably divide all assets and debts acquired
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Valuing a Business in a Divorce

If you or your spouse have an ownership interest in a business, that ownership interest may be considered a marital asset subject to division in your divorce.  As with any asset, the first question issue that must be determined is whether (or what portion) of the business interest is martial.  If the business ownership interest is marital, then you must determine what the value of the interest is.  Determining the value of the ownership interest for divorce purposes can be complex. Some businesses have multiple owners with varying percentages of ownership interests. The type of business entity can also add
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Non-Traditional Income Sources and Divorce

Generally, tax returns, paystubs, and traditional wages are the easiest way to determine one’s income for purposes of child support and/or alimony. However, not all spouses earn income this traditional way. Non-traditional earnings, including dividends from income investments, passive income, retained earnings in a closely-held corporation (if excessive or inappropriate), Social Security benefits, as well as more-complex income streams may be taken into account when determining child support and/or alimony obligations. If a spouse earns non-traditional income, your divorce attorney may recommend you seek the assistance of an expert to support in determining a complete picture of the income available
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Stock Options in a Divorce

Alternative forms of compensation, such as employee stock options are complex and present challenges in a divorce. An employee stock option is the right of an employee to buy a specific number of shares of stock in the employer-corporation at a specific price (strike price, grant price, or exercise price) at a specified time in the future.  Usually, there are restrictions and conditions on the employee’s right to exercise options, such as maintaining employment with the company for a required number of years.   The employer may also allow various portions of options to vest at different stages. When the required
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Will Seeing a Therapist Hurt My Chances of Getting Custody?

Undoubtedly, a big life change, such as a divorce can cause emotional distress.  Unfortunately, a stigma regarding mental health support still exists.  Many parents worry that seeking professional help may make them appear unstable or be used against them in a custody proceeding.  However, if you are seeing a therapist, acknowledge yourself for getting the professional help and support you need.  Your well-being is important to your ability to be the best parent you can be. But make sure you do disclose to your attorney if you are seeing a therapist; your mental health records can be subpoenaed by the
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Private Education Expenses

We know there is stress and confusion regarding the start of school this year for families in Nebraska.  What may be adding stress to some divorced parents is the decision to send their children to public school or whether to enroll them in private school depending upon each schools’ coronavirus precaution and procedures. The Nebraska Supreme Court Child Support Guidelines have no specific provisions regarding the expense of private education.  However, both parents can agree in a divorce decree that they want their children to attend private school and agree upon how the education expense will be paid.  Previously, the
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