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Divorce
Forms |
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Child Support
 Nebraska
divorce laws require that if you are petitioning
the court for a dissolution of marriage or legal
separation in Nebraska, it must include specific
child support provisions, and the court will require
you to include a parenting plan for children of
the marriage. The court will determine the amount
of child support to be paid by a parent based
upon the earning capacity of each parent and the
guidelines provided. Child support paid to the
party having custody of the minor child will be
the property of that parent. You will be afforded
the opportunity to create your own parenting plan
(visitation or custody), but if you and your divorcing
spouse cannot reach agreement, the court will
determine child support. Courts can accept your
plan, change your plan, or in extreme cases, place
your minor child in the custody of the court or
third parties or terminating parental rights if
the best interests of the minor child require
such orders. Child custody and time spent with
each parent will be determined on the basis of
the best interests of the minor child with the
objective of maintaining the ongoing involvement
of both parents in the minor child's life.
In determining
custody arrangements and the time to be spent
with each parent, the court will follow Nebraska
divorce laws and consider the best interests of
the minor child: 1. The relationship of the minor
child to each parent, 2. The desires and wishes
of the minor child if of an age of comprehension,
3. The general health, welfare, and social behavior
of the minor child and 4. Credible evidence of
abuse inflicted on any family or household member.
The court
will not give preference to either parent based
on the sex of the parent and nor make any presumption
that either parent is more fit or suitable than
the other.
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Regardless of the custody
determination of the court, each parent will continue
to have full and equal access to the education
and medical records of his or her child unless
the court orders to the contrary, and either parent
may make emergency decisions affecting the health
or safety of his or her child while the child
is in the physical custody of that parent.
The court will determine
the amount of child support to be paid by a parent
based upon the earning capacity of each parent
and the guidelines provided. Child support paid
to the party having custody of the minor child
will be the property of that parent.
Custody of minor children
will be determined on the basis of their best
interests. Courts may consider factors such as
the moral fitness of the child's parents [including
the parents' sexual conduct]; respective environments
offered by each parent; the emotional relationship
between child and parents; the age, sex, and health
of the child and parents; the effect on the child
as the result of continuing or disrupting an existing
relationship; the attitude and stability of each
parent's character; parental capacity to provide
physical care and satisfy educational needs of
the child; the child's preferential desire regarding
custody if the child is of sufficient age of comprehension
regardless of chronological age, and when such
child's preference for custody is based on sound
reasons; and the general health, welfare, and
social behavior of the child.
If a marriage separation
(sometimes referred to as a marital separation
or legal separation) has been decreed, the court
may make such further orders for the support and
maintenance of either spouse and for the support,
maintenance, and education of minor children,
by either spouse, or out of the property of either
spouse, as the court deemed appropriate.
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Child Custody
Custody and time spent with
each parent ( child custody ) will be determined
on the basis of the best interests of the minor
child with the objective of maintaining the ongoing
involvement of both parents in the minor child's
life. In determining child custody arrangements
and the time to be spent with each parent, Nebraska
family law courts will consider the best interests
of the minor child which can include: 1. The relationship
of the minor child to each parent, 2. The desires
and wishes of the minor child if of an age of
comprehension regardless of chronological age,
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when
such desires and wishes are based on sound reasoning,
3. The general health, welfare, and social behavior
of the minor child; and 4. Credible evidence of
abuse inflicted on any family or household member.
Any party to a divorce
action involving minor children or an action involving
child custody or visitation may be required to
complete a parenting education course prior to
the entry by the court of a final judgment or
order modifying the final judgment.
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Visitation/Co-Parenting
Nebraska
divorce laws allow for the parties to agree on
a parenting and visitation schedule that accommodates
them both; in particular when the non-custodial
parent will have the children in his or her charge.
If the parents are unable to complete and present
a plan, the court will intercede and stipulate
a schedule. In either case you should consider
including the following into your visitation agreement: [How
is the decreed custody defined? What are the rights
and responsibilities? Who has legal custody? Which
holiday does the child spend with you? What time
and where may the other parent pick the child
up?
What
time should the child be returned home? What is
the procedure to follow if either of you are running
late and won't be there on time? How much notice
should you be given if they are planning a vacation?
How far away may the other spouse move? What about
future partners? Should those partners stay overnight
in front of the children?] |
The court's plan is likely
to include the following: alternate
weekend visitation (3-day weekends included),
mid-week visitation, sharing of the children during
periods of school recess -winter, spring and summer,
New Year's Eve, Easter, Rosh Hashanah and Yom
Kippur, Thanksgiving, and Christmas with one parent
or the other in alternate years, Father's Day
with Father, Mother's Day with Mother, alternate
years on the children's birthdays, and open communication
by phone and computer.
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
The court
may order payment of alimony by one party to the
other and may order division of property as may
be reasonable. In consideration will be the circumstances
of the parties, duration of the marriage, a history
of the contributions to the marriage by each party,
including contributions to the care and education
of the children, and
interruption of personal careers or educational
opportunities, and the ability of the supported
party to engage in gainful employment without
interfering with the interests of any minor children
in the custody of such party. Reasonable security
for payment may be required by the court. Alimony
orders ( also referred to as spousal support or maintenance) |
will
terminate upon the death of either party or the
remarriage of the recipient.
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Grounds
For Divorce
Looking for a no-fault divorce? "Irretrievably
broken" will accepted as grounds for divorce
if you two state under oath that the marriage
is indeed irretrievably broken, or one of you
makes this claim and the other does not deny it.
If one of you has |
denied
under oath that the marriage is irretrievably
broken, the court will consider all relevant factors,
including the circumstances that gave rise to
the filing of the complaint and the prospect of
reconciliation, and will make a finding whether
the marriage is irretrievably broken.
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Marriage
Annulment
Marital Annulment
Marriage
annulment is the courts decree that the marriage
never existed or is void or invalid. In order
to receive an annulment in Nebraska, one needs
to petition the court, cite grounds for the annulment,
and provide proof of those grounds. Grounds for
annulment in Nebraska include: Bigamy-
someone married while already married to another, |
Mental
Illness- your spouse is mentally ill and
there is little or no hope for recovery, Consanguinity-
marrying someone too closely related e.g. parents,
Uncles, Aunts, son in laws, etc. Underage
Marriage- married under the age of 15, and Fraud
and Duress- either were threatened or forced
into a marriage. Any of these grounds will, upon
proof, place your marriage in a position for marital
annulment.
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Marriage
Counseling/
Mediation
A final divorce decree will
not be entered unless the court finds that every
reasonable effort to effect reconciliation has
been made. The court may refer the parties to
qualified marriage counseling or family service
agencies, or other persons or agencies determined
by the court to be qualified to provide conciliation
services if the court finds that there appears
to be some reasonable possibility of a reconciliation.
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In
no case will the court order marriage counseling
if only one of the parties to the dissolution
(or his or her attorney) make the request. Costs
to mediation will be borne by the parties, or,
absent an agreement to sharing the costs, assigned
by the court to the parties. Any party to a divorce
action involving minor children or an action involving
child custody or visitation may be required to
complete a parenting education course prior to
the entry by the court of a final judgment or
order modifying the final judgment.
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Legal
Separation/
Marital Separation
A legal separation or
marital separation is a legal process much like
the divorce process; one needs to petition the
court, with grounds, that the plaintiff in a marriage
wishes to receive a legal separation. This is
processed with a formal separation agreement that
is submitted and approved by the court, and covers
the same issues that a divorce does.
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Resolved
issues in the separation agreement will include
support and maintenance for spouse and children
and the disposition of marital assets. A legal
separation is often sought by one of the parties
that wants to terminate the relationship but wishes
that the marital status not be interrupted for
religious or health care insurance coverage reasons.
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Waiting
Period
There is a sixty day
mandatory minimum waiting period from the filing
of the action (or a voluntary appearance is filed)
before the court will grant a dissolution (divorce
decree). |
For
a FREE email series on "The 10 Worst Mistakes
You Can Make In Your Divorce," go to www.HappilyDivorced.org
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Grandparents Rights
A grandparent
may seek visitation with his or her minor grandchild
if: 1. The child's parent or parents are deceased,
2. The marriage of the child's parents has been
dissolved or petition for the dissolution of such
marriage has been filed, is still pending, but
no decree has been entered; or 3. The parents
of the minor child have never been married but
paternity has been legally established. Courts
endeavor to place the child's best interests above
all others. |
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
With the dissolution
of marriage or legal separation, the court will
order the division of property if the parties
have been unable to reach a divorce settlement
of marital assets and debts. It will consider
the circumstances of the parties, length of the
marriage, a history of the contributions to the
marriage by each party, including contributions
to the care and education of the children, and
interruption of personal careers or educational
opportunities, and the ability of the supported
party to engage in gainful employment without
interfering with the interests of any minor children
in the custody of such party.
If one of you
stayed home to raise children while the other
maintained a career, it is assumed that the stay-at-home
spouse made an equal contribution to the marital
assets.
Did you come into
this marriage owning a house? Concerned about
the equity in that house that you |
brought
into the marriage? Worried that property you brought
into the marriage may be subject to a divorce
settlement? Here's how it works generally. What
you brought into the marriage is usually all yours.
However, any appreciation of the house or the
property value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
Did you come into this marriage
owning a house? Concerned about the equity in
that house that you brought into the marriage?
Worried a divorce settlement will take away what
was originally yours? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital
asset", meaning that you will likely have
to give up a half of that appreciation to your
spouse in the divorce.
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Residency
Requirements
Petitions for dissolution
of marriage will be considered only if at least
one of the parties has established residency in
this state for at least one year prior to the
filing of the complaint, or unless the marriage
took place in this state and either party
has resided in this state from the time of marriage
to filing the complaint.
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Persons
serving in the armed forces who have been continuously
stationed at any military base or installation
in Nebraska for one year or, if the marriage was
solemnized in this state, or have resided in this
state from the time of marriage to the filing
of the complaint will qualify as residents.
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