Can Someone Handle A Simple Divorce On Their Own Without Legal Counsel?
In Nebraska, an individual can choose to handle their own divorce without legal counsel, but I rarely see a divorce case that is simple enough to justify this. On occasion, there will be a divorce case that does not involve many assets or children and can, therefore, be resolved without an attorney. The problem is that without formal training as an attorney, a person will always be limited in their ability to identify the pertinent issues, apply the law correctly, and know what an equitable division would look like in court—just as I am limited in my ability to attempt electrical work around my house. At the very least, I would suggest scheduling a one-hour appointment with an attorney to make sure everything has been done correctly. All too often, mistakes during the divorce process come back to haunt people.
Is It True That A Man Never Ends Up Getting Alimony Or Spousal Support?
It is not true that the male never ends up receiving spousal support. In fact, I’ve personally had numerous male clients who were awarded spousal support. Spousal support determinations are gender-neutral; they depend on the duration of the marriage, income disparities between the parties, the need of each party to receive spousal support, and career-based considerations, such as whether one spouse sacrificed a career to care for the children during the marriage. If the court finds that it’s necessary for one spouse to receive financial assistance from the other spouse, then the court will likely grant spousal support regardless of the gender of the party.
If My Divorce Is Handled Appropriately, Can I Continue Living At The Same Financial Level Post-Divorce?
Regardless of whether a divorce case is handled properly, it’s not common for someone to continue living at the same financial level after divorce as they were during the marriage. In part, this is because two people with separate incomes who live in one household and share assets will have low overall costs compared to when they divorce and must each pay for their own household and assets.
An individual could have the best attorney on earth, but unless their spouse gives up their rights to assets, there is going to be some sort of negative financial effect from the divorce. The job of the attorney is to make sure that all assets are identified and valued properly, and that the division of assets is done equitably. No one wants to pay spousal support to a party who isn’t entitled to receive it, and no one wants their spouse to be awarded property to which they are not entitled. This is why it is important to hire a professional who knows what they are doing and takes the time and effort to provide the assurance that everything has been done properly.
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