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Tag: legal process

legal process

What is a Qualified Domestic Relations Order?

To divide many types of retirement accounts in a divorce, federal law requires that special court orders called Qualified Domestic Relations Orders be submitted and approved by the court. This order, referred to as a QDRO, provides instructions to a retirement plan administrator on how to divide funds from a retirement account after a divorce becomes final. Obtaining a QDRO is often a necessary and critical step in the divorce process. What types of retirement accounts need a QDRO to be divided? The most common types of retirement accounts that require a QDRO are 401(k)s, 403(b)s, pension plans, and federal
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Translating Legalese

Law has its own language. Here’s some you may encounter during your divorce. Affidavit: A written statement of facts made under oath and signed before a notary public. Affidavits are used primarily for court hearings. Instead of listening to live testimony, judges may rely on the sworn statements they receive via affidavits. Affidavits may be signed by the parties or, in some cases, by witnesses. The person signing the affidavit may be referred to as the affiant. Bailiff: The bailiff provides support for the judge and lawyers in the management of the court calendar and the courtroom. He or she
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Settlement v. Trial: 10 Things to Consider

All divorces end by either settling or going to trial. While the vast majority take the former route, settlement is not always the best or most appropriate option. Determining whether to settle or to take your case to trial can be a difficult decision. Here are some questions to consider when making your decision. How fast do I want my case resolved? If completing your case as soon as possible is important to you, then settlement may be favorable to trial. How much money am I willing to spend on my case? Trials can add a significant cost to your
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Keep Your Divorce Confidential: 5 Tips for Protecting Your Attorney Client Privilege

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 remains private and confidential between you and your attorney (and your legal team), unless the privilege is waived by voluntary disclosure to third parties. To ensure that communications between you and your lawyer remain confidential, and to protect against losing such privilege, below are tips
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5 Tips to Fast-Track Your Nebraska Divorce

The one thing just about everyone can agree on about divorce is that no one wants it to drag on and on.  Getting a divorce done quickly (relatively speaking) is possible, but it requires some effort on the part of both spouses to work together toward a fair and equitable settlement.  If you’ve made the hard decision to divorce and want to speed things along, here are some tips to help you accomplish that: Keep communicating. It can be incredibly difficult to keep the lines of communication open with a spouse who is about to become an ex — especially
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The Grounds for Annulment in Nebraska

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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Post-Trial Actions to Consider if You’re Dissatisfied with the Outcome

Throughout the divorce process, you or your attorney may have disagreed with some of the rulings the judge made. The following are the most common post-trial actions to consider if your case proceeded to trial and you believe the judge erred in the final decision. Motion for New Trial After your trial is complete and you have received the judge’s ruling, you may file a motion for new trial. A new trial is a reexamination in the same court (same judge) of an issue or fact after the court has made its decision. If the new trial is granted, the
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What is the Difference Between Contempt and Modification?

After a divorce has become final, problems can arise between former spouses in complying with the terms of their divorce. For example: My former spouse is not following our parenting plan. My former spouse has not transferred property as ordered in our divorce decree. My former spouse refuses to pay child support or alimony. To address these types of post-divorce issues, your attorney may recommend initiating a “contempt” action or a “modification” action, or both. The following explains the purposes and differences between these two possible actions. Contempt Actions The purpose of a contempt action is to ask a court
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Restoring Your Former Name

Did you know that you can change your name back to your former name in your divorce? Nebraska law allows for former names (sometimes referred to as “maiden name”) to be restored in a divorce. If you wish to have your former name restored, here’s what you need to know. Include the request to have your former name restored in your complaint or counterclaim. If you are the plaintiff, you should include a specific request to have your former name restored in your complaint – the initial document you file with the court asking for your marriage be dissolved. If
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Important Post-Divorce Actions

To ensure a smooth transition into your post-divorce new normal, your Koenig│Dunne team has identified the following important actions for you to take: Informational filing.  If support (child support and/or alimony) has been ordered in your case, Nebraska law requires you to provide the clerk of the court with your address, telephone number, social security number, employer, and certain information related to employer-provided health insurance. If any of this information changes after your divorce is final, you must provide the updated information to the clerk in your county. Property actions. If you and your former spouse owned a home and
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