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Our attorneys are dedicated to helping families in transition. We have a single focus - providing the steady counsel, responsive service and powerful advocacy every client deserves. Please click on the links below to learn more:
Property Division & Equitable Distribution
At Vacanti Shattuck in Omaha, our attorneys will protect your economic interests during divorce, whether your situation is straightforward or complex. Nebraska is an equitable distribution state. By law, division of assets and debts is to be fair, but not necessarily equal. Typically, a judge will order an even, fifty-fifty division of marital property, but each spouse will receive a minimum of one-third of the estate. Equitable distribution is a three-step process:
- Identification of separate and marital property and debt: Our lawyers will see that all property is correctly identified as separate or marital. Property acquired by either spouse from the date of the marriage until filing for divorce is a marital asset. There are a few important exceptions, including the inheritances and gifts intended for only one spouse and the appreciation on property one spouse brought into the marriage and maintained as separate during that time. Generally, debts incurred by either spouse during the marriage are marital debts unless there is a clear showing otherwise.
- Valuation of marital property: Our attorneys will work with accountants and appraisers to see that all marital assets are accurately valued. This is critical if the marital estate includes interests in a business or professional association, shares in retirement or investment accounts initiated before the marriage and real estate holdings.
- Division of assets and division of debts: During the actual division of property, our lawyers will explain how, in light of alimony and other terms being negotiated or decided by the court, certain choices will enhance the overall value of the marital estate and provide more benefit. An important factor to consider is tax liability.
If you are in the process of selecting a divorce lawyer to advise you on property division, we invite you to e-mail us or call our office at 402.345.7600. One of our lawyers will reply to your e-mail or take your call and, if you are interested, arrange an in-office consultation.