Divorce is a legal and emotional ordeal that can be the most difficult of your life. Ending a marriage has a lot of other consequences, including financial considerations, child custody and future obligations, as well as property issues. Having experienced divorce lawyers in Lincoln, NE work with you can help minimize the legal process, ensure that your rights and interests will be protected, and that your long-term interests will be taken into account.
A competent divorce lawyer acts as a guide, lawyer, and support for your divorce at all stages. Even if your divorce is amicable, or extremely contentious, legal assistance can be a vital element of your divorce case.
Familiarize yourself with Nebraska divorce laws and how they affect you.
Nebraska is a no fault divorce state, meaning that neither spouse has to prove that they caused misconduct or wrongdoing. Rather, one spouse has to assert that the marriage is "irretrievably broken.
To start a divorce in Nebraska:
- One of the parties, at least one year, must have lived in Nebraska.
- Divorce documents must be properly filed with the court
- Financial and parenting issues need to be sorted out prior to finalization
While it might seem like it's a simple process, divorce matters can be rather involved, with legal and financial factors that demand expert advice.
The reasons why it is important to hire a Divorce Lawyer.
When it comes to divorce, many people are not aware of the complexity involved. An experienced divorce lawyer in Lincoln will help to ensure that your legal rights are protected throughout the process.
An Experienced Divorce Attorney can help with:
- Record of legal documents and court proceedings.
- Negotiating settlements
- The division of property and debt between the partners.
- Child custody arrangements
- Child support calculations
- Spouses' support or alimony payments
- Courtroom representation
Having a lawyer can help eliminate stress and prevent future blunders that could be expensive.
Property Division in Nebraska
One of the most important parts of divorce involves dividing marital assets and debts. Nebraska has equitable distribution laws which distribute property fairly, but not necessarily equally.
Marital assets can include:
- Homes and real estate.
- Retirement accounts
- Savings and investments
- Businesses
- Vehicles
- Debt in the form of credit card debt and loans.
Divorce attorneys assist in determining marital property, negotiating reasonable settlements, and safeguarding financial assets in the process of splitting.
Child Custody and Parenting Plans
One of the most emotional issues in a divorce involving children is child custody. Custody decisions in Nebraska are made based upon what is in the child's best interests.
There are two types of custody:
Legal Custody
Legal custody means that parents have the right to make big decisions about their child's education, health and care needs.
Physical Custody
Physical custody is where the child spends his or her time and how parenting time is shared.
A divorce lawyer can assist parents to establish fair parenting plans that foster healthy relationships between children and both parents.
Child Support in Lincoln NE
Post-divorce/ separation, both parents are legally obligated to provide for their children financially. Child support guidelines are used in Nebraska to determine child support based on a variety of factors.
Factors may be taken into account include:
- Income of both parents
- Parenting time arrangements
- Healthcare costs
- Childcare expenses
- Number of children involved
A lawyer is able to help make sure that child support is calculated fairly and accurately.
Spousal Support / Alimony
In certain divorce proceedings, spousal support, also referred to as alimony, can be awarded based on financial factors and length of marriage.
Nebraska courts will look at:
- The length of time the marriage lasted. Length of marriage.
- Household income inequality between husband and wife.
- Earning potential
- Financial needs
What was the standard of living of the marriage?
A divorce lawyer can help to negotiate reasonable alimony payments without being over burdened with financial responsibilities.
Contested vs. Uncontested Divorce
Uncontested Divorce
An uncontested divorce is a divorce in which both spouses reach a mutual agreement with each other regarding the important issues of the divorce, including child custody, child support, and property division. These cases tend to be quicker and cheaper.
Contested Divorce
When there are some disagreements between the two parties in an important matter, the case becomes a contested divorce. In these situations, negotiations and mediation or court litigation are usually involved.
A divorce attorney who is experienced in family law matters is able to assist his clients in resolving the issues at hand without harming their interests and in an effective manner.
There are several advantages to working with a local divorce lawyer in Lincoln. There are a number of benefits to having a local divorce lawyer in Lincoln.
An advantage of hiring a local attorney is that they will be familiar with Nebraska family laws and court procedures.
Benefits include:
- Understanding of local judges, judges' offices, and judges' rules and procedures.
- Knowing the Nebraska divorce laws.
- Personalized legal strategies
- Strong negotiation skills
- Representation in court, as necessary.
Your local lawyer can guide you in a way that is applicable to your specific situation.
It is important to select the right divorce lawyer.
The best advice for choosing a Lincoln, NE divorce attorney is to pick one who has experience, is professional, and is sensitive.
Seek a lawyer that:
- Specializes on family and divorce law cases.
- Expresses ideas clearly and honestly
- Knows your objectives and worries
- Offers individual legal advice
- Has strong courtroom experience
When selecting the right lawyer, the divorce process goes through more smoothly and is less stressful.
Final Thoughts
Divorce can impact your financial situation, family dynamics and future security. From child custody to property division, child support to alimony, having trusted divorce attorneys in Lincoln, NE will help you ensure that your rights are safeguarded, and that you are able to successfully navigate the legal system.
Having a professional lawyer standing by for support and to advocate with strong arms gives peace of mind and a sense of confidence to deal with the challenging life stage.