
DIVORCE AND FAMILY LAW
Divorce and family law in Nebraska encompasses several sub-specialities which include the following:
1. Divorce or Dissolution of marriage;
2. Property division;
3. Child custody;
4. Child support;
5. Alimony;
6. Modification of prior decrees and orders;
7. Adoption.
Many or all of these sub-specialties may be involved in each Nebraska divorce or family law proceeding.
Generally, divorce in Nebraska, known also as dissolution of marriage, is a no-fault concept, which means that the divorce itself and the division of property is not dependant or related to fault of the parties. This is not to say that fault cannot enter into the Court's decision in child custody and alimony considerations. Property division is generally considered a 50/50 proposition, but valuation issues, pre-marital ownership, gifts, and inheritances often come into play.
The Nebraska courts look consistently to what is in the best interests of the children as well as the fitness of the parents in determining custody arrangements. Although generally child support is established by the Nebraska Supreme Court guidelines based on the net incomes of the parties, there is often a question as to the amount of that income and the appropriate deductions allowable.
The duration and amount of alimony awarded in Nebraska varies widely from court to court and many considerations are necessary in establishing an equitable figure, having regard for the circumstances of the parties, the 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 interest of the minor children in the custody of that party.
Often issues such as health insurance coverage, tax exemptions, retirement funds, and tax considerations are overlooked in a divorce proceeding, but can be vital concerns to the parties involved in a Nebraska divorce.
In addition to legal issues, the attorneys at Parker, Grossart, Bahensky & Beucke, L.L.P. recognize that divorce can be a traumatic time in an individual's life. There is tremendous financial and emotional strain before, after, and during the pendency of the proceedings. It is important that a comfortable and caring atmosphere be provided in a divorce or family law matter. We strive to provide an understanding, comfortable atmosphere in which we can fully and fairly represent each client. We have handled many Nebraska divorces, including business divorces and farm divorces, and recognize that understanding can be as important as careful trial preparation in handling a client's family law and divorce matters.
