Vacanti | Shattuck | Finocchiaro Attorneys

How Can Someone Prepare For An Impending Divorce Or Separation?

In preparation for an impending divorce or separation, people should determine who they want to represent them, and should try to gather documentation of their assets and investments. They may also want to photograph major household items and furnishings. If a party has non-marital assets, they should be documented and we call that “tracing” under the law. There is specific documentation with which an attorney would need to assist. Collecting bank statements, 401(k) statements, W2s, prior tax returns, pay stubs and credit card statements is helpful. If a business is involved, then obtaining additional documentation may be necessary. I would also suggest getting separate bank accounts, determining how much money an attorney will cost, and determining who will have the ability to afford a new place to live.

Is There Any Benefit Or Advantage To Being The First To File For Divorce?

There can be an advantage to being the first to file for divorce. There are a lot of things that you can prepare in advance so that you are not rushing to the courthouse on the schedule of the party who filed first. It is beneficial to have all of the necessary documentation well in advance of appearing in court. For example, if you will be dealing with a contested custody case, you’re going to rely on affidavits from people who can support your point of view, and this is information that can be obtained early on if you were the one who filed for divorce.

How Long Does A Divorce Typically Take To Be Resolved In Nebraska?

If both parties cooperate and it’s an uncontested divorce, then it can be resolved in a little over 60 days. However, most divorce cases involve two or more issues that require discovery. For example, there is often marital property that will need to be identified and valued. Many divorces take four to six months to resolve, but some can take a year or more; it will depend on how busy the judge is, and you have to be flexible in that regard. You can’t control which judge you get or how busy that judge will be.

For more information on Preparing For An Impending Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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