Vacanti | Shattuck | Finocchiaro Attorneys

Why Should Someone Hire An Attorney For The Divorce Process?

In every divorce case, there is a need for an attorney on both sides. The reason for this is because the divorce process is set up as an adversarial process, and the court will expect both parties to put their best case forward and have attorneys who know how the process works. The divorce process is difficult to navigate effectively and efficiently without an attorney. If only one attorney is involved, then that attorney can only zealously represent the client, while the other party would be expected to proceed as his or her own attorney and is expected to generally know what to do. There is too much at stake when dealing with family law, such as child custody, the division of assets and debts, tax consequences, etc., to not take the process seriously.

Our firm specializes in family law, and that’s important. We know the process, we know what the judges expect, and we know how to present the evidence. A layperson, on the other hand, wouldn’t know any of that. It’s very important to know that the courts are confusing and can create a hostile environment for someone who isn’t prepared. I’ve had people show up as pro se litigants and they’re smart as anyone, but they simply don’t know how the courts work. For example, if I’m not a good electrician, I probably wouldn’t choose to do complicated electrical work; the same thing goes for someone unprepared in a divorce case.

Is There A Mandatory Separation Period Before A Divorce In Nebraska?

In Nebraska, there is not a mandatory separation period before being able to file for divorce. However, there is a requirement that you live in the state for a period of one year so the court has jurisdiction to hear the case. You can file a legal separation if you’ve only been in the state for a minimal amount of time, as long as you’re planning to make the state your home. If you’ve moved here only recently, you can file a legal separation, which is similar to a divorce in that you deal with all of the issues of the marriage, such as your marital estate, the property, custody and visitations. For a divorce case, there is a 60-day waiting period before it can be finalized. If I file today a divorce case for my client and we have all of the paperwork done, it wouldn’t be signed by the judge or completed for a minimum period of 60 days.

Is Mediation Better Than The Court Process In A Divorce Case?

Mediation is common in divorce law in almost every state. In Douglas County, Nebraska, mediation is required for developing parenting plans and custody arrangements, but not for property issues. Attorneys will usually try to identify which issues in a case can be mediated and offer that option to the clients. In my opinion, mediation for attempting to work out the parenting plan is a really good idea. This is because it’s always better for the parents to decide what’s best for their kids rather than a judge who knows little about the family or children. Property issues are more law-based than opinion-based, so they involve identifying what property is marital, valuing the assets and debts and dividing property in an equitable manner. While this can be raised in mediation if both parties are agreeable, I have found that it is best to have your own attorneys handle these issues, as it can be quite complicated.

For more information on Hiring An Attorney For A 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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