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legal process

Awards of Attorney’s Fees in Divorce

Divorces can be costly and the total expense is often unpredictable. The cost of your divorce will depend upon many factors (such as whether you have children, the value of your assets, the willingness to settle versus going to trial, and the length of time from filing to resolution). In addition, you may be responsible for filing fees, mediation fees, witness fees, and, most commonly, attorney’s fees. You may ask the court to order your spouse to pay your legal fees. When you file for divorce, if you are without sufficient funds you can ask that your spouse contribute to
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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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How Temporary is a Temporary Order?

During your divorce, some issues between you and your spouse are time sensitive and must be addressed before you reach a final settlement, or the court enters a final ruling on your case. For example: Who gets to stay in our home? What will parenting time look like between us? What amount of child support or alimony will either of us pay? Who will be responsible to pay for our family’s health insurance coverage? When spouses are unable to reach agreement on time-sensitive matters, either spouse may ask a court for a temporary order to decide these issues. When does
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Should You Ask for a Guardian Ad Litem?

If custody and/or parenting time issues are contested, it may be helpful for a neutral, third party to step in to help assess what’s in the best interests of your child. A guardian ad litem (GAL) is someone who is appointed by the court for this purpose. GALs are usually lawyers with special training. You may ask your judge to appoint a GAL at any point if you believe that the assistance of a neutral person, whose sole purpose is to assess your child’s best interests, would be beneficial. Talk with your family law attorney about requesting a GAL if
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Will My Child Have a Say?

During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent?  The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will
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Divorce and Retirement Accounts

Retirement accounts are often one of the most valuable marital assets to be divided in a divorce. Regardless of whose name is on the account, retirement funds that accrued during the marriage may be divided in a divorce “Retirement accounts” encompass a variety of accounts – individual retirement accounts (IRAs), 401(k) plans, 403(b) plans, Railroad Retirement Board Annuities, Thrift Savings Plans, Military Retired Pay or Pensions. They can be provided through your (or your spouse’s) current place of employment, former employment, or individually obtained. They can be vested or unvested. These assets will be accounted for when inventorying your marital
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Going to Court

“Going to court” can mean many different things during the divorce process. You may have to go to court for a hearing, a pre-trial conference, or trial. Sometimes it is permissible for your attorney to appear on your behalf without the need for you to go. Sometimes the judge will want to hear you testify. Sometimes the judge will read your sworn statement and listen to the lawyers’ arguments in order to make a decision. The thought of going to court can be anxiety-provoking. The fear of the unknown may set in. It is important to communicate with your attorney
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Your First Legal Documents: Why You Might Be Surprised About the Allegations or Requests in your Spouse’s Court Documents.

Sometimes clients are surprised by what their spouse asks for in the initial documents filed in a divorce.  These documents, known as “pleadings” are filed with the court and state the legal basis for the cause along with the requests of each party. In a divorce, the first pleading filed is the complaint for dissolution of marriage.  The divorce complaint is signed by the person initiating the divorce process, and then filed with the clerk of the district court to begin the divorce process.  The complaint for dissolution of marriage will set forth in general terms what the plaintiff (the
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Five Types of Discovery Commonly Issued in Divorce Cases

During the pendency of your divorce, you and your spouse may gather information needed to resolve your case. This process, known as discovery, is the formal exchange of information. It helps prepare a case for trial, narrow issues in the case, facilitate settlement, or eliminate any surprise at trial. You may receive discovery requests from your spouse (or your spouse’s attorney). You may also send discovery requests for your spouse’s completion. In discovery requests, parties may request not only relevant information, but also information which may lead to relevant information. You may be required to provide information in your discovery
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How to Provide Notice to Your Spouse that You Filed for Divorce

To initiate a divorce, you must file a complaint for dissolution of marriage.  The complaint is a legal document filed with the Clerk of the District Court. It sets forth facts and asks the judge to make certain orders. To proceed with your case, you need to notify your spouse that the complaint was filed. This notice is called “service” or “service of process.” There are 3 ways to give your spouse official notice that the complaint has been filed: Voluntary Appearance Service by Sheriff Alternative Method of Service (Service by Publication) Voluntary Appearance A voluntary appearance is a document
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