We have only been married 2 years. He served me papers June 24. We've been in our home for less than a year. The home is mortgage in his name. My name is on the title. We do not have children together. In the state of Omaha Nebraska what are my ri...
The only way to know your specific best and worst outcomes is for you to consult with an attorney and provide all of the very specific facts of your situation and answer the attorney's questions. S/he can then give you an outline of your rights and responsibliities under the law. In general, Nebraska is a "no fault" state, which means neither party has to prove fault on the part of the other to obtain a divorce. Nebraska is also generally a "community property" state, meaning you each are entitled to half of the assets of the marital estate and you each are responsible for half the debts of the marital estate. The marital estate is anything acquired or incurred during the time you have been marrried. There are other factors that can affect divisions, however, and you will need to at least talk with an attorney to know your rights. There is no legal method to compel marriage counseling or further efforts to reconcile if one spouse does not wish to do so, so it is important that you seek legal counsel if your spouse has filed, as there are several time limits you need to know. Best wishes as you navigate this process.See question
Daughter in law gave temp guardianship to other grandparents after our son went to job corp. He does not know. They are legally still married. We are having to fight to have visitation. What, if any, avenues do we have to gain regular visits?
To intervene or file for grandparent visitation, there would need to be a divorce or paternity action or guardianship case on file with the Court. Your son can file for divorce and then you can intervene to ask for grandparent visits or even custody. Alternatively, your son can ask that you be allowed to exercise his parenting time if he cannot due to Job Corps. There is no ongoing "temporary guardianship" in Nebraska. She may have done an informal (not through courts) "Temporary Delegation of Parental Powers" which is revocable at any time and cannot last longer than 6 months. That paper does not supersede your son's parental rights. If a guardianship through the Courts has been filed, you can intervene in that for grandparent visits as well. You should consult with an attorney confidentially about the specific facts of your situation to get the best advice. Best wishes to you and your family!See question
I purchased my home 3 years prior to getting married. I am a full time student with about 100K in student loan debt and very little savings. I plan to file for divorce from my husband. We have no children. He has a small business which generates ...
You can start the process on your own using the Nebraska Supreme Court pro se forms located here:
However, since you do have some issues of premarital property, real property, debts, and a business, you will need to consult with a lawyer and have a lawyer help with the Property Settlement Agreement and Decree of Dissolution, even if you and your spouse agree on everything (to be sure the documents are drafted correctly).See question
His father is incarcerated. His mother has no means to support him and has signed a temporary custody agreement. I want to obtain full custody due to the fact that his mother has not tried to better herself and still has no means of support.
You can do a guardianship for a minor. Under Nebraska law, there is no "temporary custody" that lasts for longer than 6 months. A parent can delegate their parental powers for six months at a time. After 6 months, a new document must be signed again. You will need to visit with an experienced local attorney to discuss your particular facts and situation and options for guardianship or even adoption. Best wishes to you and your grandson!See question
I have primary custody of my kids and for over a year I've been call on to cps and in the last two weeks I've had the cops called saying I'm not feeding and hitting my kids but I'm not and every time cops come they find nothing they say they are s...
Typically reports of child neglect/abuse are confidential. If you can prove who is doing this, you could request a harassment protection order (but proof may be very hard to obtain since the law heavily protects reporters). Lincoln police are very good at their jobs - at some point, they will stop responding to every little complaint if they continue to be unfounded. Best wishes to you and your children.See question
I am the non-custodial parent and the custodial parent believes activities are more important than parenting time, even if that parenting time is not his/hers. He has asked the courts to mandate me to do all activities he/she signs the children up...
Look at your Parenting Plan to see if this is addressed. I am unclear from your question whether this is a modification action or a contempt action. To modify, the requesting party needs to prove a material and substantial change in circumstances. For a contempt action, the requesting party would need to show the other parent is willfully disobeying the current court orders. Judges vary on the degree of importance they place on children's activities. However, the Court is required to balance your rights as a parent against the child's best interests (in the Court's view). Your best advice will come from visiting confidentially with a local attorney who understands how your judge views these cases and who can review what your documents require of you. Best wishes to you and your family!See question
I'll be pursuing a divorce from my husband. We've been married almost 6 years, and this is our 5th separation, the 2nd time he has abandoned the marriage. We have no children and got married in NE. After our 2nd separation in 2012, we got separ...
All divorces in Nebraska are "no fault" - which means you do not have to prove fault to have a dissolution granted. Also, Nebraska is generally a community property state - both of you are entitled to half of the assets acquired during marriage, regardless of whose name is on the account, titles, deeds, etc. You also both are obligated to pay for the debts incurred during the marriage regardless of whose name is on them. To obtain the best advice and move forward, you will need to talk confidentially with an attorney about the specifics of your situation and that attorney can give more targeted advice. But the Court has an obligation to divide the marital estate equitably (which means fairly to both of you). Best wishes to you and your family as you navigate through this process.See question
I just visited with a lawyer about modifying a parenting plan to get more parenting time. In Nebraska we have to do mediation first. I got a copy of all the paperwork sent in to court for the motion to modify from my lawyer. My question is, how l...
Unless your parenting plan requires it, you don't have to do mediation before filing to modify, but you would need to mediate before the Court will let you set for trial.
Your lawyer would file the Praecipe for Service or send a letter to opposing party or his/her attorney asking for a Voluntary Appearance.
Once the Complaint is filed, opposing party has 30 days to Answer or you can get a default hearing date. Your attorney can file a Motion to Set for Trial to get a court date.
Actually, all of these questions are best answered by an attorney if you have one. Modifications can take a few weeks, if easily agreed to, to up to a year. Most fall somewhere in the middle.
Best wishes to you in this process.See question
I pay child support to my ex wife and she wants more for our twins I also have a 4 month old that he and his mother live with me can I pay child support to her and not have to pay more to the ex wife
As stated previously, there is a standard your ex will need to meet in order to increase child support. It is not likely that you would need a support order to pay your youngest's mother if she is living with you and you are directly supporting your child with her. You may want to have an attorney run what's called a Prochaska calculation to see if your situation warrants a reduction in child support. Your best bet is always to visit with an experienced local attorney confidentially about your specific facts and all the ways support may be calculated. Best wishes to you!See question
HELLO MY BOYFRIEND HAD A RELATIONSHIP LAST SUMMER AND GOT THE GIRL PREGNANT SHE IS ABOUT DUE AND WE ARE NEEDING TO KNOW HOW LIKELY IT IS THAT SHE WILL BE KEEPING THE BABY BECAUSE OF THE FACT THAT SHE HAS GOTTEN HER FIRST CHILD TAKEN AWAY AT BIRTH ...
It depends. If there is an open juvenile court case and the mother is being cooperative within that case, she MAY be allowed to keep the new baby provided she is sober/maintaining a safe home. It really depends on whether she is working toward rehabilitation and reunification with her first child or not. Your boyfriend can be proactive and contact DHHS to discuss his concerns if he wishes. If he wishes to have custody, he can file for paternity and use the pending case as evidence why his child should be placed with him. Your best bet is to consult with a local attorney who does both family and juvenile law. Best wishes!See question