Skip to content

Tag: legal process

legal process

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
Read More

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)
Read More

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
Read More

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
Read More

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
Read More

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
Read More

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
Read More

The Discovery Process

After the initial documents of a divorce have been filed, the “discovery” phase begins. Discovery refers to the legal process of exchanging information and documents between spouses that are needed to either come to a settlement agreement or prepare for trial. This process often requires spouses to gather a number of financial documents and to answer questions relevant to their divorce. Here is an overview of the discovery process: Sending Discovery Requests In order to legally require your spouse to provide you with information or documents, you must send formal discovery requests. These typically come in two different varieties. The
Read More

The First 5 Legal Documents of a Divorce Explained

The flood of legal documents filed at the beginning of a divorce can seem both overwhelming and incomprehensible. These legal documents are often written in thick “legalese,” and their purposes are not always discernable without context. Here are simple explanations of the five legal documents commonly filed at the beginning of a divorce: The Complaint The first legal document filed in a divorce is the “complaint.” The person who files this document is referred to as the “Plaintiff,” while the non-filing spouse is referred to as the “Defendant.” These labels are not significant in terms of legal advantages. The purpose
Read More

What is a District Court Referee?

While most family law cases in Nebraska are heard exclusively by Nebraska district courts, a small number of family law cases are instead heard by district court referees, often referred to as child support referees. Who is a District Court Referee? District court referees are attorneys who have been appointed by Nebraska courts to provide rulings on certain family law issues. They are typically longstanding practitioners who have a great deal of experience in family law. A district court referee listens to evidence presented by parties at trial, similarly to a district court judge. What Type of Cases Are Assigned
Read More