Divorce Longest Practicing Family Law Group in Omaha

Omaha Divorce Attorneys

Knowledgeable & Compassionate Lawyers Helping Clients Get Through Divorce in Nebraska

Divorce is a very difficult and emotional time for everyone involved, and it can be an overwhelming process. It is crucial to turn to an attorney who has the experience to navigate you through this difficult time. At Slowiaczek Albers, we 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 process and ensure that you and your family's interests are protected every step of the way.

Speak with one of our attorneys today by calling (402) 928-2007 or filling out an online contact form.

What is the Divorce Filing Process in NE?

The divorce process in 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 documents directly to their spouse or to the spouse’s 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 matters.

If needed, temporary hearings can typically be scheduled within a couple weeks of filing of a Complaint, depending on the Court's calendar.

Discovery of Assets and Liabilities

Note that shortly after the Complaint is filed, the attorneys 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 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 attorneys have sufficient information regarding the assets and liabilities of both parties and their respective positions, the case will proceed to settlement or trial.

Other Relevant Legal Issues

There are a range of important issues that must be decided in a 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, the court will resolve the contested custody issues.

After a parenting schedule is established, child support needs to be established. Basic child support provides for the children’s necessities including food, clothing, shelter, etc. Child support is calculated based on the income of both parties and is driven by the Nebraska Child Support Guidelines.

Dividing the marital estate can involve complex issues and require a knowledgeable 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
  • Automobiles
  • Household goods
  • Personal property
  • Art
  • Jewelry
  • Collectibles
  • Savings and checking accounts
  • Retirement plans
  • Deferred compensation plans
  • Pension plans
  • Etc.

The process can be simple or complex depending on the size and makeup of the estate.

For more information on the Do's and Don'ts of Getting Divorced, read our blog post!

Seek Legal Representation Immediately

The emotional impacts of divorce can take a toll on couples as they navigate the process. 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 issues during the divorce process with professional guidance.

Our attorneys 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 team at Slowiaczek Albers to discuss your case by dialing (402) 928-2007 or submitting a contact form here.

Why Hire Us?

The Firm Your Family & Case Requires
  • Over 80 Years of Combined Legal Experience & Results
  • The Firm Other Firms Turn to for Advice
  • A Team Approach Every Step of the Way
  • We Are Actively Involved in Improving the Law as It Impacts Nebraska Families