Vacanti | Shattuck | Finocchiaro Attorneys


In Nebraska, there are two categories of divorce: uncontested and contested. A divorce is contested when the parties have been unable to successfully come to an agreement on one or more of the issues involved such as spousal support, property division and child custody.

During a divorce proceeding, particularly in a contested divorce, the advice and support of a competent and devoted attorney can go a long way in aiding the divorce process and, ultimately, the final results. The lawyers at Vacanti Shattuck Finocchiaro Attorneys have the experience necessary to guide this process. Contact us to speak with a member of our Omaha, Nebraska, firm.

Going through a divorce can be challenging. There are a lot of factors that go into the divorce process. Knowing where to begin can be equally daunting. However, you do not need to face the legality of the divorce process alone. Consulting with an experienced divorce attorney in Omaha, NE can prove extremely beneficial. Your divorce lawyers in Omaha can help you and your family transition into your new lives efficiently and smoothly.

Initiating the Process

Divorce usually begins when an individual is seeking to legally separate from his or her spouse. Depending on the couple and family involved, a divorce can range from simple to extremely complicated. If there are children and substantial assets, such as property and money, the divorce case can be complex and time-consuming. It is wise to seek the professional help of a divorce attorney in Omaha, NE to help you navigate the complexity of the divorce process.

The spouse initiating the divorce is known as the petitioner. There is no real advantage for the spouse who initiates the divorce. He or she is simply starting the legal process. The petitioner essentially asks the court to terminate the marriage by filing a complaint with the court. The complaint has to mention that the spouses are meeting the requirements for divorce in Nebraska.

The complaint must also state the grounds for divorce. In Nebraska, every complaint for dissolution of marriage that is filed in the court must declare the grounds for the dissolution of marriage even though no-fault may be stated. No-fault divorce permits the termination of a marriage when the marriage is found to be irretrievably broken or have irreconcilable differences.

In order to file for divorce, one of the spouses has to meet the one-year requirement of residency in Nebraska. If neither of the spouses has lived in Nebraska for a minimum of one year, they can file for legal separation. The complaint can then be amended to reflect a divorce one the one-year minimum requirement has been met. However, if one of the spouses has not lived in Nebraska for one year but has lived in the state since the date of marriage, then filing for divorce is possible.

If the requirements for the dissolution of marriage are met, and the complaint is successfully filed, the other spouse will need to receive a copy of the complaint. Making sure that the receiving spouse gets served with the paperwork is vital. The court will not proceed with the divorce unless the spouse has received and acknowledged the request for the termination of the marriage. The spouse who is served the complaint is known as the respondent. The respondent can file a response to the complaint stating that he or she agrees or disagrees with the termination of the marriage.

Filing a complaint with the court is simply the beginning of the divorce process, and depending on the family dynamic, experienced divorce lawyers in Omaha may need to be consulted. During a divorce, many questions surface. It can be overwhelming, but with the right help from a divorce attorney in Omaha, NE, the process can become less stressful and intimidating.

Divorce and children

  • Child custody and visitation: The state of Nebraska has a law called the Parenting Act, which states that both parents have a right to play an active role in the life of a child, specifically referring to parenting plans that maximize time each parent will have to parent the children. Our lawyer will help you establish your parental rights and maintain a rich relationship with your children.
  • Child support: Support is determined by state guidelines, taking into consideration the incomes of both parents and a number of other factors.
  • Father’s rights: Nebraska law does not distinguish by gender. The court is bound to issue a parenting decree based solely on the best interests of the child, not biased by stereotypical views of parenthood.

Marital property and spousal support

  • Division of marital property and debt: One of the first tasks our firm will help you with is identifying and defining the status of your assets and debts — whether it is marital and thus divisible by the courts — and what the true value is so a fair and equitable outcome can be accomplished. However, in Nebraska, equitable does not always mean that property is split right down the middle, 50/50. Our attorneys will work with your accountant and appraisers so you are treated fairly and your property division order maximizes the value of your estate. We will also work hard to discover assets that your spouse may be hiding.
  • Alimony, if awarded, is designed to support a dependent spouse as he or she develops the skills to become financially independent.

Selecting a divorce lawyer

If you need a lawyer to represent you in your legal separation or divorce or if you have a question about family law, we invite you to e-mail us or telephone our office at (402) 235-6070. One of our lawyers will provide a brief complimentary case review.

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