The term “Dissolution of Marriage” is used by the Courts to describe divorce. Nebraska recognize “no-fault” divorce, meaning that a divorce can be obtained where there is no likelihood of preservation, without the need to blame the other spouse for any wrongdoing.
Waiting Period and Temporary Orders
Once the divorce has been filed, there is a waiting period before a final the divorce can be granted. Before the final divorce decree, temporary orders may be entered by a Judge on issues such as child custody, support, restraining orders, and other matters. These temporary orders can usually be put into place just a few weeks after filing for divorce.
During the waiting period, the parties will try as come to reach a settlement as to the distribution of their property and assets. If children are involved, the parents will also try to work out an agreement for custody and other important matters regarding their children. Some parties are able to come to agreements regarding all aspects of their divorce, often known as an uncontested divorce, thereby significantly reducing the time and cost of the divorce proceeding.
Sometimes parties are unable to reach agreements during the divorce proceeding. When agreements cannot be reached, this is generally known as a contested divorce. If the parties are not able to come to an agreement, mediation may be required before a final order will be entered by a Judge. It the parties are still unable to come to a resolution, a hearing or trial may be set before a Judge. The Judge will then decide issues of child custody, parenting time, asset and debt allocation, and any other issues that may need to be decided in that particular divorce proceeding.
Distribution of Property
Martial property will be equitably distributed between the parties. Equitable distribution may not mean an equal distribution of property in terms of monetary value. It the parties are not able to reach an agreement, a Judge will distribute the property as the Judge deems to be equitable.
Alimony is not automatic in any divorce. There are no hard and fast rules for determining alimony. However, the Court will look at factors such as the length of the marriage, the age of the parties, the education level of the parties, the earning capacity of the parties, and any other factor the Court deems to be of importance.
Legal representation is highly recommended by Courts when obtaining a divorce. If you need help with your divorce, contact Stephanie Flynn or call (402) 325-8469 for experienced legal help.