Frequently Asked Questions

DIVORCE 

     In family law, a contested divorce involves disagreements between spouses on various issues, such as child custody, support, and property division. An uncontested divorce, in contrast, occurs when spouses reach an agreement on these matters without the need for court intervention. Resolving disputes through negotiation or mediation can lead to an uncontested divorce, making the process smoother and potentially more cost-effective.

     The duration of a divorce can vary, but it typically takes several months to a year, depending on factors like the complexity of assets, child custody issues, and the cooperation of both parties.  In Nebraska, there's a mandatory 60 day waiting period from when the other party is served.  After the 60 days, a decree can be signed by a judge and it will be finalized 30 days after that.  

     To protect your assets during a divorce, it's essential to maintain clear financial records, separate individual and joint accounts, and consider a prenuptial or postnuptial agreement. Consulting with a family law attorney early in the process can provide guidance on the specific steps you can take to safeguard your assets and navigate the division of property successfully.

     In Nebraska, marital debts are generally divided equitably during divorce. Equitable division doesn't necessarily mean equal, but rather what the court deems fair based on factors like each spouse's financial situation and contributions to the marriage.

     Spousal support, or alimony, is determined by factors such as the length of the marriage, each spouse's financial situation, contributions to the marriage, and the recipient's needs. The court aims to provide financial support to the lower-earning spouse for a duration deemed fair, allowing them to maintain a similar lifestyle post-divorce.  

 

CHILD SUPPORT AND CUSTODY

     Child support is calculated based on factors such as each parent's income, health insurance, the number of children, if a parent has sole physical custody or if the parents share joint custody, and Nebraska guidelines. The goal is to ensure that children receive financial support to meet their needs, and the court may use a standardized formula to determine the appropriate amount but there can be deviations from the formula if a situation warrants it. 

     Child custody arrangements are determined based on the child's best interests.  Other factors that impact the custody arrangement is parental capabilities, stability, and sometimes the child's preference. Courts aim to create a plan that fosters the child's well-being and a healthy relationship with both parents. 

     In Nebraska, grandparents may seek visitation rights. The court considers factors, such as, if the child’s parent is deceased, the parent’s marriage has been dissolved or if there is a filing, and if the parents have never been married but paternity is established.  The relationship between the grandparent and the child must be beneficial to the child, it’s in the child’s best interest for the relationship to continue, and it doesn’t adversely impact the child’s relationship with the parent.  

  

COLLABORATIVE DIVORCE

     The collaborative divorce process involves both spouses and their attorneys working together to reach a mutually agreeable resolution. This approach encourages open communication, problem-solving, and a commitment to finding solutions outside of court. You have a support team with each of spouse having an attorney, financial experts, and counselors.  Although you have a team assisting you through the process, it is often more cost-effective compared to litigation in the court room.  It's also faster because it's completed on your timeframe instead of the court's calendar.  The process confidential and ensures privacy.  Collaborative divorce can be a less adversarial and more cooperative way to dissolve a marriage, promoting a healthier post-divorce relationship. To see if this option is a right fit for you, refer to Attorney Chelsea Carlson.

 

MODIFICATION

     Modifying a child custody or support order involves filing a formal request with the court. There must be demonstration of a material change in circumstances since the last order, affecting the child's well-being. Courts prioritize the child's best interests when considering modifications. 

     Child support and spousal support or alimony can be modified also. To qualify for a child support modification, the Nebraska Child Support Guidelines requires that the total amount of support due would either increase or decrease by more than 10%.  However, the overall amount must increase or decrease by more than $25.00 for either parent to qualify for a modification.  Additionally, if the modification is based on a change in income for either parent, the court requires that the current financial circumstances must have lasted for at least 3 months and are expected to last for at least 6 months into the future.

     Another reason to modify is if one parent wants to relocate with the child to another state.  In Nebraska, if one parent wishes to relocate with a child, they typically need to obtain permission from the court or the other parent. The court evaluates factors such as the reasons for relocation, the impact on the child's relationship with the non-relocating parent, and the child's best interests.

 

CONTEMPT

     If there's a violation of a court order, it's crucial to document the instances, preserve evidence, and seek legal advice promptly. Depending on the nature of the violation, legal remedies such as seeking enforcement through the court may be necessary due to the other party being in contempt. If found in contempt, the consequences may be a fine, jail time, or they may be able to follow a purge plan to correct the behavior that caused the contempt.  Purge plans may consist making up missed parenting time, repayment plan for child support or reimbursements, and the opportunity to rectify behaviors causing the contempt.  If the purge plan is not followed, you can request the party be sent to jail, to serve the sentence ordered by the court at the contempt hearing.

 

DOMESTIC VIOLENCE 

     If you're facing domestic violence, immediate steps should be taken to ensure your safety. Contact local law enforcement, seek medical attention if needed, and consider obtaining a protection order. Reach out to domestic violence support organizations for guidance and resources. Consult with a family law attorney to explore legal options, such as obtaining protective orders and addressing safety concerns during divorce or custody proceedings.

Domestic Violence Hotline 800-799-7233

Voices of Hope 402-475-7273

Friendship Home 402-437-9302