Omaha, NE asked in Child Custody, Child Support, Divorce and Family Law for Nebraska

Q: I finally filed for divorce from my husband who was very emotionally, verbal, and towards the last year of marriage.

I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had more overnights then I did because of how long it took to finally get a hearing. There are so many things I feel are not right in how my divorce, custody, parenting plan was determined.

1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree is entered to ask for a new trial. You have 30 days to file an appeal. Once those periods of time have passed, then your main option is usually filing a modification action. The modification action can include a request to change custody, parenting time, or support. It can't be used to change the property division (division of assets and debts).

For the judge to grant a modification of the custody, parenting time, or support, the person bringing the action has the burden to show that there has been a material change in circumstances since the divorce decree was entered and that changing the terms is in the best interests of the minor children. Many of the things that could have been brought up in the divorce action are no longer relevant in the modification action. The Court is required to focus on what has changed since the Decree was entered.

Judges are sometimes skeptical of modification actions filed soon after a divorce decree is entered. If it looks like it is a request to reconsider the decision in the divorce, and not due to a true material change since the decree was entered, then you may have difficulties meeting the burden of a material change necessary for the Court to modify the order.

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