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Nebraska Divorce Questions & Answers
2 Answers | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler
Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

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1 Answer | Asked in Divorce for Nebraska on
Q: What do I do if an ex didn't follow a divorce decree item?

I went through a divorce. It was in the settlement that my ex would take responsibility of the line of credit and credit card. My name was to be off within 120 days of divorce decree. I was told it was off. He quit/lost his job. He's not paying the bills and my name is still on there because my... Read more »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

If a party does not follow a divorce decree, you can file a contempt action to ask for the court's assistance in enforcing the Decree.

1 Answer | Asked in Domestic Violence, Divorce, Arbitration / Mediation Law and Child Custody for Nebraska on
Q: My wife disapeared and is believed to have gone to Texas with our 4.5 year old son and claiming some kind of abuse.

What are my options? There was no abuse except by her. There is a past though and I just got home from prison in Dec.

Julie Fowler
Julie Fowler answered on Jul 1, 2019

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... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: What does "Defendant shall 'indemnify and hold the Plaintiff harmless'" mean with regard to property in a divorce?

5 yrs after my gf divorce, she is looking at finally buying a house. She learned her ex did not refinance the house in his name after she deeded the house to him. She filed for the divorce and is the Plaintiff. The divorce decree under "Real Estate" states "That the Defendant shall be awarded the... Read more »

Julie Fowler
Julie Fowler answered on Jun 27, 2019

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 responsible for... Read more »

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?

He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?

Julie Fowler
Julie Fowler answered on Jun 4, 2019

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...
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2 Answers | Asked in Divorce for Nebraska on
Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont

Hold her in contempt. What can I do legally?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

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... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: If I already have started divorce proceedings and then my ex does whose divorce do they go by?
Julie Fowler
Julie Fowler answered on Jun 2, 2019

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... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Nebraska on
Q: A good friend is having a nasty breakup with a very angry person who won't let her retrieve her and her son's property.

She was living with him and he is refusing to let her retrieve her things. He said he would put it out on his patio for her to get but he hasn't done it. It's been 3 days. He also keeps harassing her via text about the breakup. All my friend wants is to get her clothes, laptop, and her son's... Read more »

Julie Fowler
Julie Fowler answered on May 16, 2019

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... Read more »

3 Answers | Asked in Divorce for Nebraska on
Q: How do I go forward when judge has ordered it a civil case in regards to back alimony
Julie Fowler
Julie Fowler answered on Mar 16, 2019

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... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: If I was married in 2018 but the divorce wasn't final till 2019 do you we file our taxes together or separately
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 1, 2019

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... Read more »

1 Answer | Asked in Family Law and Divorce for Nebraska on
Q: How much time do I have to file an answer to an Amended Dissolution of Marriage if I signed a voluntary appearance?

A Temp Order for Legal Sep was filed on 2/2/18 and I signed a Vol Aprnce (under duress and without a good understanding of what I was signing) on 1/31/18. My husband told me it would be cancelled after we figured everything out as I was living in CA for medical treatment at the time. After... Read more »

Julie Fowler
Julie Fowler answered on Dec 27, 2018

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...
Read more »

2 Answers | Asked in Family Law and Divorce for Nebraska on
Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

In 2015 I made motion to set aside dissolution of marriage due to a void judgment. The opposing party didnt respond in time. Clerk entered defailt motion. Case dismissed. Now, 3 years later they are bringing me back in for Order to Show Cause. Id like it thrown out persuant FRCivP 60(a). How do I... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 29, 2018

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 appropriate... Read more »

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2 Answers | Asked in Divorce for Nebraska on
Q: Should I pay the closing costs for my ex husband to refinance the home in his name?

My divorce was final in July and he was award the home which we had both agreed on. He is wanting me to pay the closing costs of refinancing and I'm unsure as to what I should do. I am not wanting to pay these costs for him, however if I do not, he states he does not have the money to refinance and... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 10, 2018

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 could be subject... Read more »

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2 Answers | Asked in Divorce and DUI / DWI for Nebraska on
Q: How strongly will my wife's recent DUI play in a custody dispute?

My wife recently got a DUI. I am wondering if I can obtain a better custody ruling based upon that alone? I have no criminal history, and she has no other criminal history aside from this.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 23, 2018

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... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: How long does it take to get court date after submitting contempt of court motion. Filed on June 13 District Nebraska.

Contempt action is against my ex husband for several things he is not doing from the divorce decree (mostly financial things he is not paying). Clerk uploaded the motion to the Nebraska Justice site but Judge as of today has not set a trial date or done anything with the matter. This will be the... Read more »

Julie Fowler
Julie Fowler answered on Jun 28, 2018

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... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: If you have a 50/50 plan can you one day move and get primary physical?

Each parent is fit and allowed a 50/50 plan. But if one day I want to move to another neighboring city could I do so and get full physical custody of my daughter?

Julie Fowler
Julie Fowler answered on Jun 22, 2018

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... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: Can my ex keep taking me back to court just because she doesn't like who I'm with and doesn't want them around my kids.
Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 27, 2017

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.

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: The wife has moved out of the family home we have two kid do I have to let her in at this time and try and move the kid
Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

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.

1 Answer | Asked in Divorce for Nebraska on
Q: looking for a pro bono divorce lawyer in nebraska

My husband served me with divorce papers after abandoning me and moving to Lincoln Nebraska I have been paying all of our bills we have accumulated together we are buying a property together and have a loan out for a car and another personal loan I cant afford a lawyer due to being abandoned and... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 18, 2017

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... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: Is there anyway of removing my name from a mortgage due to divorce without him having to refinance the house

I gave him the house but I don't think he can get it refinanced and I want him to keep the house but My name needs to be removed from the mortgage so my credit rating quits suffering

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2015

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.

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