If a spouse leaves with their child and the spouse left behind wants to pursue a divorce, the way to start a divorce action is generally to file a complaint for dissolution of marriage. In Nebraska, one of the spouses must have resided in the State of Nebraska for at least a year before a divorce... View More

A quit claim deed after divorce can remove a spouse from the title of a home. It doesn't remove the spouse from the mortgage. If the parties have entered into a mortgage with joint responsibility, the Decree doesn't change that parties' agreement to the creditor that they are each... View More

Nebraska law has abolished the law that had given a spouse a right to sue the person the other spouse was cheating with for monetary damages.

Adultery is not a crime in Nebraska.

Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and... View More

The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the... View More

If divorce cases are filed in the same county, then the Court will generally go forward under the lower case number. The party who filed first may want to file a motion to dismiss the case filed second. If divorces are filed in two different courts, then it depends on the facts. If child custody... View More

If the parties are married and divorcing, requesting a temporary order in the divorce action could help resolve some of these issues. The party could ask for a specific order allowing her to retrieve her immediately necessary items. When non-married joint tenants split up, there are a number of... View More

If a spouse is ordered to pay alimony in a divorce and does not pay, the most common method of enforcement is to file a show cause/contempt action to ask the court to force the person to pay or face up to 6 months of jail time. This is a civil action that is normally filed within the court case... View More

You have a choice for the 2018 filings because you were married the entire year. If you both agree you can file jointly and split a return (get that in writing), or you can each file as married filing separately. If your divorce decree deals with the tax issue, you must follow the court order. Best... View More

Pursuant to Nebraska Court Rules of Pleading Section 6-1115 (a), a party has the time remaining to file a response to the original pleading or within days 10 days after service of the amended pleading, whichever is longer, unless the court orders otherwise.

Generally, an amended complaint... View More

The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is... View More

The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he... View More

It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under... View More

Depending on the court and judge, a party that files an affidavit and application for contempt may also need to contact the court for a hearing date, prepare an order for show cause, prepare a praecipe for service, and send the summons and contempt action to the sheriff for service. Depending on... View More

To ask the court to change the custody from joint custody to sole custody, the parent generally has to file a complaint to modify. For the court to grant the request to change custody when the other parent objects, the parent would need to show that there has been a material change in... View More

Short answer is yes,since the standard is best interest of children. Habits, history and other problems can be shown to the court. Best to get a lawyer and seek to recover your costs as frivolous litigation.

You might seek self help from the state's court web site they have lots of information and forms you can use. Depending on the nature of the Divorce proceeding, you might find lawyers who will provide the necessary help but you would appear in court. Call around in your area for help from a... View More

You need to file for divorce and get a custody order along with an order that she vacate the home. Joint property including children are viewed as open and accessible with out a court order in place.

I can think of only one way you can end your liability under the mortgage note, he keep the house, and he not have to refinance: you would have to file for bankruptcy protection.