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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.

Custody of Children When a Divorce is Pending

November 26, 2019 / ,
Nebraska family courts follow guidelines that keep the best interests of the child at the center of legal decisions, and the courts typically believe that children do best when both parents are involved in their lives. Custody does not usually become an issue until one spouse moves out or seeks an order for parenting time prior to moving out.  Following a separation, the court can grant temporary custody and parenting time orders that will be in place until a divorce is final. If one parent is being unreasonable and denying the other parent sufficient time with their children, a judge
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4 Ways Children Suffer in a Bad Marriage

November 19, 2019 / ,
Today, divorce is commonplace, but there was a time several decades ago when divorce was considered socially taboo and couples were encouraged to always stay together “for the sake of the children.” Now we know that whether or not divorce is harmful to children depends largely on how it is handled by their parents.  We also know that toxic marriages can cause more harm than good to children.  There are several ways that children suffer when their parents have a bad marriage; here are four of the most common: 1.  Chronic anxiety. Conflicts in a marriage are internalized by children,
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What Divorcing Women Need to Know About Alimony

November 12, 2019 / ,
For many women who face a divorce, the prospects of having to live on half of what used to support you both is frightening — especially for women who have stayed at home to raise the children and now face the prospect of having to look for outside employment. Alimony is not a given in any divorce.  In Nebraska, the court will look at a number of factors in making a decision about the need for alimony and the amount to be awarded.  Under Nebraska Revised Statute 42-365, these factors include: the financial circumstances of the parties the duration of
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What Issues Can Be Addressed in a Nebraska Prenuptial Agreement?

November 5, 2019 /
A prenuptial agreement is essentially a legal contract between prospective spouses that becomes effective once they become married.  The reason pre-nups are so beneficial is that they can provide significant savings in time and money if the couple should divorce in the future, since the issues a court would normally resolve are already addressed in the prenuptial agreement. Some of the most common issues addressed in a Nebraska prenuptial agreement include: The rights and obligations of each spouse when it comes to joint and separate property, including the right to use, sell, lease, transfer, assign, exchange, or control and manage
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How to Tell If You Are a Victim of Domestic Abuse

October 22, 2019 / ,
According to the Centers for Disease Control, there are 1 in 3 women and 1 in 4 men who report having suffered from domestic abuse by a partner.  Domestic abuse is not only physical; you can also be victimized by emotional abuse — name-calling, criticism, harassment, threats, stalking, and other behavior meant to intimidate and control. If you think you may be a victim of domestic abuse, see if any of these five warning signs apply to you: Your partner constantly checks up on you. Abusers prefer to isolate their victims, so if you are feeling cut off from friends
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What is a Qualified Domestic Relations Order (QDRO)?

October 15, 2019 /
When it comes to property division in a divorce, there are often retirement or pension plans that are on the table to be split between the divorcing spouses. Splitting a qualified retirement plan or pension plan in a divorce requires the preparation of a QDRO (qualified domestic relations order). A QDRO allows for the division of qualified plan assets in a tax-deferred manner for the receiving spouse, and provides that spouse with 60 days in which to roll it over into an IRA without penalty. If you want to take some money out for divorce expenses, you can make a
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Do NOT Do These 10 Things When You Divorce

September 17, 2019 / ,
Divorce is a time of conflicting emotions — anger, sadness, and even relief.  Typically, emotions are all over the place, which can make it difficult to make good decisions about issues that will likely have an impact on your life long after the divorce is over. The things you should be doing during a divorce — taking care of yourself and your children, planning for a new financial future, etc. — you probably already know about.  But there are also some important things you should NOT be doing during a divorce that could harm your case.  Here are 10 of
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The Grounds for Annulment in Nebraska

August 20, 2019 /
Under Nebraska law, if your marriage is annulled, it is as if it never happened.  Even in 2019, there are still some people who believe that divorce carries a stigma, so opt to pursue an annulment instead.  A civil annulment is not the same as a religious annulment, which can only be granted by a church and has no legal effect on your marriage in Nebraska. Nebraska allows for an annulment only under certain conditions: If your marriage is prohibited by law (for example, If you or your spouse are too closely related to be married, making the marriage illegal)
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How Unemployment Affects Child Support in Nebraska

August 13, 2019 / ,
Losing a job is stressful for many reasons, but especially so if you are responsible for paying — or if you’re receiving — child support.  How your unemployment affects your child support payments depends on your individual situation.  However, one thing is certain: Nebraska courts take child support obligations very seriously, so you shouldn’t believe that you can get your support order modified immediately because of a job loss. If you have lost your job and have child support obligations, you should work to find another job immediately.  The court can assign an income level to you based on your
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Relocation Rules in Nebraska

July 30, 2019 /
Moving a child out of state is usually a very emotional decision. There may be many good reasons for relocation – a new job, a desire to be closer to family, or even the need to make a fresh start. However, if you are the custodial parent and want to move with your child out of state, your first step needs to be to consult with a child custody lawyer to ensure you obtain the court’s permission to do so. One of the first things your child custody attorney will tell you is: do NOT move out of state without
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