Tag: legal process

legal process

The Discovery Process

July 24, 2018 / Divorce Made Simple

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

The First 5 Legal Documents of a Divorce Explained

July 10, 2018 / Divorce Made Simple

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

What is a District Court Referee?

May 29, 2018 / Divorce Made Simple

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

Divorce Timetables

May 22, 2018 / Divorce Made Simple

Nearly all phases of your divorce will be accompanied by timelines providing when certain actions must be taken or prohibiting certain actions from being taken. The following are some common timelines to help you decipher what must be done during your divorce and when. Mandatory waiting period What is it? Under Nebraska law, no divorce can be final until 60 days after service of process has been perfected. What’s the timetable? Your divorce starts with one spouse filing a complaint for dissolution of marriage. After that document is filed with the court, it must be “served” on the other spouse.

Translating Legalese: Part 2

May 15, 2018 / Divorce Made Simple

A divorce decree is a court order that officially ends a marriage. In doing so, the decree defines the division of property between spouses, awards legal and physical custody of minor children, and states whether either spouse owes a child support obligation. Most decrees are written by attorneys, capturing the settlement agreements reached between spouses. These types of decrees are commonly referred to as consent decrees because both spouses consented to their contents as opposed to a judge authoring the decree after a trial. Some of the clauses contained in a divorce decree can be difficult to understand. Here are

5 Tips for Testifying In Court

May 8, 2018 / Divorce Made Simple

There may be times during your divorce when you are asked to testify in the courtroom. “Testify” means to answer questions under oath. Before you testify in open court, you will be sworn in as a witness, meaning you swear (or affirm) to tell the truth. The thought of being on the witness stand and answering questions from your attorney and opposing counsel can be anxiety-provoking. You may be afraid of giving the wrong answer or of saying something that you believe will harm your case. You may be leery of opposing counsel and assume he or she is intentionally

Making the Most of Your Settlement Conference

April 24, 2018 / Divorce Made Simple

A settlement conference can be a powerful tool for the resolution of your case. It is a meeting held with you, your spouse, and your lawyers with the intention of negotiating the terms of your divorce. Settlement conferences are most effective when both parties and their attorneys see the potential for a negotiated resolution and have the necessary information to accomplish that goal. Perhaps your attorney has sent a settlement proposal to your spouse’s attorney (or, maybe you’ve received a proposal from your spouse’s attorney). Maybe the attorneys have spoken via phone. You can reach a negotiated settlement through these

Securing Your Support Payments

April 10, 2018 / Divorce Made Simple

Your divorce may result in the court ordering two types of support payments – child support and/or alimony. One way to ensure court-ordered is paid in full is to request the payor (the person ordered to pay support) to maintain a life insurance policy. The recipient should be named the beneficiary of the policy and the amount of the policy should be sufficient to satisfy the full amount of support ordered in the event the payor dies. Every support award is comprised of two factors – amount & duration: Alimony: If alimony is awarded in your case, you will know

Four Tips to Help Answer Discovery Requests

April 3, 2018 / Divorce Made Simple

To complete a divorce, a significant amount of information must be exchanged between you and your spouse. What assets do we own? What debts do we owe? What parenting-time schedule would you prefer? Discovery is the legal process of exchanging information. To do so, spouses typically answer two types of requests for information. The first is interrogatories, which asks spouses for written answers to questions. The second is requests for production of documents, which asks spouses to provide specific documents, such as bank statements, loan records, or tax returns. If you are tasked with completing these discovery requests, your attorney

Gathering Information to Prepare for Divorce

March 13, 2018 / Divorce Made Simple

If you are considering divorce, or are in the beginning stages of your divorce, you may wonder what information or documentation will be needed throughout the process. Depending on the issues of your case, you may need to provide bank statements, pay stubs, or bills. Here are the most common documents you will need during your divorce: Federal income tax returns for (at least) the two most recent tax years, including W-2s, 1099s, and all Schedules and Attachments. Why? Tax returns include a lot information that will be helpful for you and your attorney during your divorce. They provide an

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