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Category: Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

Divorce Made Simple

This blog provides practical information on the legal process of divorce. Our attorneys break down the divorce process in a way that is easy to understand.

How to Protect Your Premarital Assets from a Divorce

Protecting premarital assets from a divorce means understanding the difference between marital property and non-marital property — and taking the necessary steps to shield your non-marital property before divorce may even be a consideration. First, you need to know what constitutes non-marital property, which is: Property you brought into the marriage that was kept separate from marital assets Any gifts you received from a third party An inheritance you received that was kept separate from marital assets Any property designated as separate in a separation or settlement agreement in a divorce In 2017, the Nebraska Supreme Court issued a ruling
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Minor Child Name Change in Nebraska

In Nebraska, a parent wishing to change a child’s name may petition the court for a name change. However, changing a minor child’s name can be a complex legal process. For example, you must file your Petition and give formal notice to the other legal parent that you intend to change your minor child’s name. This Notice along with the hearing date must also be published in a local newspaper. If the other parent consents to the name change, he or she must also complete a “consent” form.  If the other parent does not agree or consent to the name
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Divorce Survival Guide for Those Over 50

According to recent statistics, approximately 25% of U.S. divorces involve couples over the age of 50.   The incidence of what has become known as “gray divorce” has risen drastically over the past decade, but there are ways you can survive — and even thrive — if you keep these tips in mind: Prepare emotionally and legally.  Even if you have been married for decades, do not expect that you will be treated with the same care you experienced during your marriage by the person you are divorcing.  Divorce is always challenging, so be sure you find a good divorce attorney
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What is a Qualified Domestic Relations Order?

To divide many types of retirement accounts in a divorce, federal law requires that special court orders called Qualified Domestic Relations Orders be submitted and approved by the court. This order, referred to as a QDRO, provides instructions to a retirement plan administrator on how to divide funds from a retirement account after a divorce becomes final. Obtaining a QDRO is often a necessary and critical step in the divorce process. What types of retirement accounts need a QDRO to be divided? The most common types of retirement accounts that require a QDRO are 401(k)s, 403(b)s, pension plans, and federal
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Translating Legalese

Law has its own language. Here’s some you may encounter during your divorce. Affidavit: A written statement of facts made under oath and signed before a notary public. Affidavits are used primarily for court hearings. Instead of listening to live testimony, judges may rely on the sworn statements they receive via affidavits. Affidavits may be signed by the parties or, in some cases, by witnesses. The person signing the affidavit may be referred to as the affiant. Bailiff: The bailiff provides support for the judge and lawyers in the management of the court calendar and the courtroom. He or she
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How Your Social Media Habits Can Impact Your Divorce

One thing that couples divorcing only a decade ago didn’t have to take into consideration was their social media habits.  Today, with the vast majority of Americans living their lives out loud online, social media can be a virtual minefield when it comes to divorce.  Don’t supply evidence against you. Once your divorce is initiated, it’s possible that your spouse and his or her attorney may seek out your social media pages for potential evidence in your case. This is why you need to be very careful about what you post.  When posting, remember your ultimate intentions for your case. 
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Tips for Co-Parenting Successfully with a Narcissist

Being married —  then divorced — from a narcissist is bad enough, but when you must co-parent with one, the difficult becomes the almost impossible.  Your co-parent narcissist thrives on dysfunction, which makes for a miserable co-existence.  However, if you are aware of their tactics, you’ll be in a better position to deal with them.  Here are some tips for identifying those tactics and how to cope: Expect spiteful behavior and learn to ignore it.  The narcissist thrives on getting an emotional reaction, and is often able to get one by making nasty comments to prompt your response.  Learn to
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Out-of-State Travel

Can my co-parent book airline tickets and travel out-of-state with our child? Does he/she need my consent first? Is our child allowed to leave Nebraska with either parent? The country? These questions are common for parents transitioning into their new normal of co-parenting. With the holidays right around the corner, you may be wondering what rights you have to take your child out of state. Or, perhaps your co-parent has already booked plane tickets, but you disagree with your small child flying on an airplane. Can anything be done? Parents have the right to spend holiday or vacation time with
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Divorce Tax Tips: 5 Most Common Divorce Tax Questions in Nebraska

Do I have to pay income tax when my ex-spouse and I transfer property or pay a property settlement per the terms of our divorce decree? No.  The transfer of property (or payment of a property settlement payment) pursuant to a divorce decree is not taxable.  However, you’ll want to keep in mind the future tax consequences of a subsequent sale, withdrawal, or transfer of assets that you received in a property settlement. Does the payment or receipt of child support impact my taxes? No.  Child support is not taxed as income to the parent who receives it nor deductible
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Settlement v. Trial: 10 Things to Consider

All divorces end by either settling or going to trial. While the vast majority take the former route, settlement is not always the best or most appropriate option. Determining whether to settle or to take your case to trial can be a difficult decision. Here are some questions to consider when making your decision. How fast do I want my case resolved? If completing your case as soon as possible is important to you, then settlement may be favorable to trial. How much money am I willing to spend on my case? Trials can add a significant cost to your
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