The decision to end a marriage is never easy. From hurt feelings and child custody battles to asset division and finalization, there’s a lot involved in the divorce litigation process. In order to ensure your divorce goes as smoothly as possible, you’ll need a knowledgeable divorce attorney to assist with the process. Peters Law Firm provides the comprehensive legal services Omaha residents need to successfully litigate their divorce proceedings.
No matter what stage of the divorce process you’re in, Peters Law Firm has the expert legal team you need. Contact us to schedule your initial consultation and begin litigating your divorce today!
Understanding Nebraska Family Law
Types of Divorce Cases
Ending a marriage can be a complicated process, depending on the specific type of divorce that’s being litigated. The following outlines the various divorce types and their implications for the legal processes involved:
- Summary Divorce: This is a special type of divorce that’s offered to married couples who have been married for five years or less, don’t own much property, don’t have children, and don’t have significant joint debts. During this option, both parties agree to the divorce, and court papers are filed jointly. These types of divorces are much less involved and can be easily achieved without an attorney present.
- Uncontested Divorce: An uncontested divorce is the preferred method if you can make it happen. During this option, both parties work together to agree on the final terms of the divorce, cooperating to file court papers and finalize the process. There is usually no formal trial, and spouses rarely need to appear in court.
- Default Divorce: If your spouse refuses to respond to your divorce request, the court can grant a divorce by “default.” This usually only happens if your spouse has left the area and is unable to be found.
- Fault & No-Fault Divorce: It used to be that married couples once had to prove that their spouse was at fault for causing a breakdown in the marriage. Today, Omaha residents can choose a no-fault divorce proceeding, in which you may claim that you and your spouse have “irreconcilable differences” and cannot repair the relationship.
- Mediated Divorce: During this option, a third-party mediator tries to resolve the issues of your divorce between you and your spouse. While the mediator doesn’t make any decisions, they will assist with easing communication so that you may come to an agreement.
- Collaborative Divorce: In this scenario, each spouse obtains their own divorce attorney, and the attorneys work together to settle your case. This process typically involves a great deal of cooperation, with each party agreeing to disclose all pertinent information necessary for a fair negotiation. If an agreement cannot be reached, your original attorneys will withdraw from the case, and you’ll have to hire new attorneys to take the divorce to trial.
- Arbitration: Divorce arbitration means you’ll hire a private judge (arbitrator) to make the final decisions for your case. You both will agree to honor the arbitrator’s decisions as though they were made by a judge in a court of law.
- Contested Divorce: If you and your spouse have bad blood and argue over property, child custody, and other issues, this is known as a contested divorce and will require you to take the issues to court before a judge. This is a much more involved process that usually entails information exchange, settlement negotiation, hearings, and may even result in a court trial. These divorces almost always require one to obtain a lawyer.
No matter what type of divorce you’re considering, Peters Law Firm has the knowledgeable attorneys you need to litigate your case. Contact us to get started with an initial consultation today.
Divorce Law in Nebraska
Each state has its own laws related to divorce filings, and Nebraska is no different. Before you file for divorce, it’s important to understand how state law will impact your case. The following are just some of the laws that Omaha residents should know before filing for divorce:
- Residency Requirements: A judge will grant a divorce in Nebraska if you or your spouse has lived in the state for at least one year prior to filing for divorce, and you intend to make Nebraska your home state. Alternatively, you may file if you were married in Nebraska and lived there continuously from the time that you were married to the time you file for divorce.
- Grounds for Divorce: Nebraska is a no-fault divorce state, meaning you may file for divorce if you believe your marriage to be “irretrievably broken.” A divorce may be granted by a judge without a hearing if, within 60 days after filing, you and your spouse give up the requirement for a hearing; you each certify in writing that your marriage is “irretrievably broken”; and you each sign a written agreement that resolves the issues outlined in your petition for divorce.
- Alimony: Judges will need to consider each spouse’s unique circumstances along with the length of the marriage, spousal contributions (such as childcare), and the ability of the spouse receiving alimony to obtain a job if they have child custody.
If you have additional questions about divorce laws in Nebraska, don’t hesitate to reach out to Peters Law Firm for a consultation today.
Frequently Asked Questions
How long does it take to finalize a divorce?
If your divorce is uncontested, it can take as little as 60 days to finalize in the state of Nebraska. However, the length of time it takes to finalize your divorce largely depends on the complexity of your case and how cooperative your spouse is during the process.
How are assets split during a divorce?
Nebraska is considered an equitable distribution state. This means that any marital property or assets will be split in a manner that is considered just and reasonable. In general, a court will accept a written property settlement agreement from you and your spouse that outlines exactly what each of you will keep after the divorce is finalized.
Peters Law Firm: Omaha’s Divorce Attorneys
Filing for divorce is never easy, but it can be simplified if you have the right attorney. Peters Law Firm is proud to offer comprehensive legal services for Omaha residents seeking a divorce. If you’re ready to file your petition for divorce in Nebraska, contact our team to set up your initial consultation today!