Divorce involves many components, and the complexity can range from two people who agree on everything, have no children, and just need documents drafted, to parties who have complex financial issues and challenging custody disputes. That’s why having a good divorce lawyer on your side is important.
No Fault State
Nebraska is a no fault state and a party does not have to prove anything as to the deterioration of the relationship, just state that the marriage is irretrievably broken.
Minimum time required is 60 days after the service on or filing of a voluntary appearance by the other party.
A minimal counseling session is required, usually in a group setting, where issues are explained regarding the best interests of the children. This normally lasts from two to four hours and is only one session.
The parenting plan sets forth in detail the parenting time that the child/children will spend with each parent. This provides a framework and stability to the process. It can be modified by agreement, either formal or informal, and many parents find themselves agreeing to different arrangements other than those contained in the parenting plan, but the parenting plan remains the fall back document that the court will enforce.
Child support is set by the Nebraska Supreme Court and is followed by the Court unless the parties agree to deviate from the guidelines, or unless the Court determines that there is good cause to deviate from the guidelines. In addition to actual child support, the obligations of the parties to contribute to day care expenses and medical costs are other issues that are determined.
This is not an equalization of income, but an award of funds to enable one of the parties to meet his/her financial needs and continue to retain some semblance of the modicum of lifestyle that he/she enjoyed during the marriage. There is no set formula and the determination is a subjective decision made by the Court.
This entails the division of debts in addition to property such as real property, vehicles and other personal property, bank accounts and pension plans, and business interests.
Within one to two weeks, a temporary order can normally be obtained which will set forth the custody, visitation, child support and alimony, and address necessary property issues during the pendency of the proceedings. If necessary, restraining orders as to person and property can also be obtained. In cases where children or properties are at risk, ex-parte orders (orders obtained without a hearing by an individual party) can be obtained immediately upon filing of the proceedings.