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Divorce is a very difficult and emotional time for everyone involved, and it can be an overwhelming process. It is crucial to turn to a divorce attorney who has the experience to navigate you through this difficult time.
At Slowiaczek Albers & Whelan, our family law attorneys in Omaha, Nebraska, make sure that our clients understand all aspects involved with the divorce process including child support, support, alimony, and property division. Ultimately, it is our job to guide you through this difficult divorce process and ensure that you and your family's interests are protected every step of the way.
The most important aspect of your life is your family, and the most important aspect of our business is the family. In order to meet your goals and meet your legal needs, our divorce attorneys make sure that we listen and hear you. In this difficult time, nothing is more personal than what you share with your divorce lawyer. Rest assured, what you share with our attorneys will remain strictly confidential. It is our policy to keep all information you provide us strictly confidential, and you can rely on our law firm in Omaha to do so.
Speak with one of our divorce attorneys in Omaha, Nebraska, today by calling (402) 928-2007 or filling out an online contact form.
What is the Divorce Filing Process in Nebraska?
The divorce process in Omaha, Nebraska, generally takes 8-10 months; however, it can be completed in as little as sixty days.
- It begins with the Plaintiff filing a Complaint for Dissolution of Marriage. Immediately after signing, the plaintiff should serve their spouse with the documents. The plaintiff can either serve the divorce documents directly to their spouse or to the spouse’s family lawyer.
- If the Plaintiff believes their spouse will cooperate, they can provide their spouse with a Voluntary Appearance form to sign and a copy of the complaint. The spouse will need to sign the Voluntary Appearance and return it to the Plaintiff as "proof of service." Alternatively, the Plaintiff may prepare a Praecipe for Summons, which is a document that enables them to have a sheriff serve the documents personally by handing them to the defendant. After the Plaintiff serves the Defendant, the Defendant has 30 days to file an Answer and Counterclaim.
- Be aware that after the Complaint has been filed and the Defendant has entered their appearance, the parties need to determine whether they need a Temporary Order, which dictates the terms of child support, alimony, exclusive occupancy of the family home, continuation of health insurance, and other family law matters.
If needed, temporary hearings can typically be scheduled within a couple weeks of filing of a Complaint, depending on the Court's calendar.
Can You Date While Going Through a Divorce in Nebraska?
Dating while going through a divorce in Nebraska is not against the rules. However, it can make the divorce process more complicated. It can also make things more difficult emotionally and legally.
Is Nebraska a 50/50 Divorce State?
No, Nebraska is not a 50/50 divorce state. Instead, Nebraska is an equitable distribution state, which means that the Omaha court will divide shared property in a way that is fair to both spouses but not necessarily equally. The court will consider several reasons when making this determination, including the length of the marriage, each spouse's income, the contributions of each spouse to the partnership, and the needs of each spouse.
Sometimes, the court may order that jointly owned property divides equally. However, this is only sometimes the case. The Omaha courthouse will always make a decision that is in the best interests of both spouses.
You must talk to our divorce attorneys to discuss your options and get advice on divorce proceedings. Our divorce attorneys can help you understand your legal rights and can help you negotiate a divorce settlement that is fair to you.
Virginia A. Albers
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Discovery of Assets and Liabilities
Note that shortly after the Complaint is filed, the divorce attorneys in Omaha will start a process called “discovery.” Discovery is an opportunity to inquire about the other spouse’s assets and liabilities. Discovery methods include Interrogatories and Request for Production of Documents.
Such necessary legal documents include:
- Tax returns
- Pay records
- Retirement statements
- Bank records
- Any other financial information that is not readily available to the other party.
Once the divorce attorneys have sufficient information regarding the assets and liabilities of both parties and their respective positions, the divorce case will proceed to settlement or trial.
Omaha Child Custody Decisions
There are a range of important family law issues that must be decided in a NE divorce proceeding, including child custody and the division of marital property. If a divorcing couple has children, they must attend a parent education class and will have the opportunity to mediate a parenting plan. If the parents are unable to agree upon a parenting plan that includes visitation schedules, the Omaha courthouse will resolve the contested child custody issues.
How is Child Support Calculated in Nebraska?
After a parenting schedule is established, child support needs to be established. Basic support provides for the children’s necessities including food, clothing, shelter, etc. Support for your children is calculated based on the income of both parties and is driven by the Nebraska Child Support Guidelines.
What Marriage Assets Can Be Divided?
Dividing the marital estate can involve complex family law issues and require a knowledgeable NE divorce attorney advocating on your behalf. As an equitable distribution state, the Nebraska court can divide assets as little as one third to one party and two-thirds to the other party.
Assets subject to division include:
- Real estate
- Household goods
- Personal property
- Savings and checking accounts
- Retirement plans
- Deferred compensation plans
- Pension plans
The process can be simple or complex depending on the size and makeup of the estate.
When to Hire a Nebraska Divorce Attorney?
Hiring a Nebraska divorce attorney is a crucial decision that can greatly impact the outcome of your divorce proceedings. While it's possible to navigate a divorce without legal representation, there are several situations where hiring a divorce attorney is highly advisable.
Firstly, if your divorce involves complex financial matters such as substantial assets, property, investments, or businesses, an attorney can provide invaluable expertise in ensuring a fair division. Likewise, if there are disputes over child custody, visitation rights, or child support, an attorney can advocate for your parental rights and help negotiate a favorable arrangement. Additionally, if your spouse has already hired a divorce attorney, it's generally recommended that you do the same to ensure a balanced legal playing field. Even in cases of amicable divorces, having an attorney can help protect your rights and interests, ensuring that the final settlement is comprehensive and legally sound.
Legal procedures and paperwork associated with divorce can be intricate and overwhelming. An experienced Omaha divorce attorney can help you navigate these complexities, ensuring that all necessary documents are filed correctly and deadlines are met. Ultimately, hiring a Nebraska divorce attorney provides you with an advocate who understands state-specific laws and can guide you through the legal process while safeguarding your rights and well-being. Consulting with an attorney from Slowiaczek Albers & Whelan early on can help you make informed decisions and achieve a more favorable resolution in your divorce case.
Seek Legal Representation in Omaha, NE, Immediately.
The emotional impacts of a NE divorce can take a toll on couples as they navigate the divorce process for Omaha residence. Emotions vary for people going through a divorce, and often times, divorce has such a profound impact on individuals that it is necessary for them to work through multiple family law issues during the NE divorce process with legal professional guidance.
Our divorce attorneys of Omaha are here to walk you through this difficult and stressful process, providing the high quality of counsel and legal representation you can count on and deserve.
Contact our legal team at Slowiaczek Albers & Whelan minutes from downtown, Omaha, to discuss your divorce case by dialing (402) 928-2007 or submitting a contact form here.
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