Frequently Asked Questions & Answers
Q: Should I Contact An Attorney Prior To Filing A Divorce?
A: I would advise anyone who is considering the possibility of a divorce in the future to meet with an attorney for pre-filing preparations. Your attorney will help you determine the issues that may be contested and strategies for improving your position should a divorce be filed.
Q: How Is Custody Decided In A Divorce?
A: The courts in Nebraska will decide custody issues based on the best interest of the minor child standard. This standard looks at many different factors to determine the fitness of each parent, the relationship of the parents with the children, the availability of each parent to provide care, the relationship the parents have with each other, the child’s wishes depending on age and maturity level and many other factors your attorney can help you identify and work to enhance your ability to maximize your time with your children.
Q: How Is Child Support Determined?
A: Child support is based on the income of both parent which is plugged into the Nebraska child support calculator. Your attorney will ensure the correct income is used and whether support should be based on sole custody or joint custody which will greatly affect the amount paid each mother. There are other factors to consider as well such as the cost of health insurance, other children, previously ordered support obligations etc.
Q: How Is Property Divided In A Divorce?
A: Nebraska law requires the courts to divide all marital property in a divorce equitably. This is more complicated than you may at first realize, but generally that means any property obtained or added to during the marriage could be subject to division. Your attorney will help you properly identify marital property and whether any property would be exempt from division. You attorney will also ensure the assets are valued properly to ensure you receive your fair share.
Q: Can You Modify A Divorce Decree Or Prior Order Of The Court?
A: You are allowed to modify any prior divorce decree or paternity decree if you can prove there has been a material change in circumstances since the last order was entered and such a modification is in the children’s best interest. Typically, modifications are done to adjust custody, visitation and child support.
Q: How Long Does It Take To Complete A Divorce Or Modification Action?
A: This depends. In a divorce, the soonest you can complete a divorce would be sixty days from the date of filing and service even if the parties agreed upon all issues due to the mandatory waiting period. A more accurate estimate is approximately six months to fully complete cases, but is really depends upon the complexities of the case and availability of the court.
Q: How much will it cost me to complete a divorce or modification?
A: This depends upon the complexity of the case. Lawyers charge different hourly rates usually based on their experience. A more experienced attorney will usually charge more and usually you will pay an initial retainer to begin work. The total cost depends on the complexity of the case with simpler cases completed for the amount of the retainer or less.
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