I think my wife wants to divorce me only because she wants to. We did try marriage counseling for a year but nothing improved. Working individually with him separately seems to work better. I’m unsure to what degree our marriage is legally irretrievably broken as I think if we could just talk... Read more »
answered on Dec 28, 2022
Nebraska is a no-fault divorce state. If your spouse is no longer willing to work on the marriage, your spouse will ultimately be able to obtain a divorce. Regardless of your the decision your spouse makes, you efforts to continue to seek help should continue. If you have a documented mental... Read more »
answered on Dec 7, 2022
If neither parent wants to pay or receive child support and the child lives with a parent, the parents can ask for the child support order to be terminated. This is generally done through filing a motion and order to terminate child support or through a modification action, depending on the facts... Read more »
We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease
answered on Nov 3, 2022
It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... Read more »
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... Read more »
answered on Oct 26, 2022
Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... Read more »
We agree on everything she is in California and won't sign the paper to appear so I can file. I was told by the District court there is a waiver she can sign so not to have to appear???
answered on Jul 11, 2022
This might be two different questions from reading the above:
1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those... Read more »
answered on Apr 4, 2022
I have never heard of any exception to being able to remarry within the 6 months period. I have never seen a case or statute that says that the 6 month period is waivable in Nebraska. If a person meets the jurisdictional requirements to go forward with a divorce in another state, you might be... Read more »
The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."
Is this a correct interpretation? Thank you.
answered on Jan 6, 2022
It is a creative interpretation and could be argued to prevent further alimony.
On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.
If you... Read more »
answered on Sep 23, 2021
It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... Read more »
He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids
answered on Aug 19, 2021
If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.
If you want to ask the Court to enter or change a custody order or parenting time, then you would need to... Read more »
Would my house gifted to me by my father after date of separation but before divorce paperwork was filed be separate property or marital property?
answered on Aug 19, 2021
It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property.... Read more »
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »
answered on Jul 21, 2021
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »
My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »
answered on Mar 10, 2021
The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The... Read more »
I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... Read more »
answered on Mar 10, 2021
The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.
Keep in mind, that the Court can also sanction you for not paying child support if the other party... Read more »
Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW... Read more »
answered on Feb 17, 2021
Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether... Read more »
Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »
answered on Jan 7, 2021
It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... Read more »
answered on Oct 7, 2020
If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms... Read more »
My husband is projecting that I could make $ 32,000 although I gave up my career to stay home with our 4 children for 16 years. So he is using that number, but refuses to use the current year for his wages.
answered on Aug 31, 2020
The question is probably is it proper, not is it illegal. Even if you agree on the amount of child support, the numbers you use now could affect whether you would qualify for a child support modification in the future. If the Court finds your earning capacity is $32,000 now, it could be very... Read more »
State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... Read more »
answered on Aug 8, 2020
The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... Read more »
The use of the word anticipate confuses me as opposed to she will not pursue COBRA or will at her own expense.
Any and all expenses, including, but not limited to co-pays,
prescription medication, or any other expenses not covered by said
insurance shall be the sole... Read more »
answered on Aug 6, 2020
Your question is too specific for a general posting board like this. What language makes sense in a case depends on the overall facts of the case. You would have to consult with your attorney directly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.