Omaha Divorce Attorneys
Put Years of Experience and Family Law Knowledge on Your Side
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) 928-2007or filling out an online contact form.
The Filing Process
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, who should immediately
after signing serve their spouse with the documents (either to the spouse
directly 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.
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, or 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.
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 multiples 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.