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Nebraska Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: My son is getting a divorce after 5 years of marriage. They have a 9 month old baby My daughter in law moved out.

My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... Read more »

Julie Fowler
Julie Fowler answered on Jun 9, 2020

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

1 Answer | Asked in Divorce for Nebraska on
Q: Divorce. What am I entitled to

Been married for 36 years my husband went to divorce me until he found out I would get some of the estate

So now he doesn't put my name on anything I pay for cable, heat, groceries and all my stuff cell etc. He makes about 70 thousand a year I make 29 thousand a year. Our 3 kids are... Read more »

Julie Fowler
Julie Fowler answered on May 23, 2020

Marital assets are divided between the spouses, often 50/50. Just because an asset is titled in one party's name, doesn't mean it isn't a marital asset. If there was property inherited by one party during the marriage and kept separate, it likely won't be considered marital.... Read more »

1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Does my ex-husband's child support from his prior relationship loweroldest son turns 19 and does my raise for our 3

2 kids prior to our marriage he currently pays support. We have 3 he currently pays for. His oldest turned 19

Julie Fowler
Julie Fowler answered on Mar 25, 2020

There isn't generally an automatic increase in child support when the payor's older child emancipates. That being said, if a child support modification action was filed, the payor would generally no longer have that older child as credit for child support when recalculating support.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: I am wanting to re-finance my home in my name only. My mortgage is in my name only. I am currently married.

We will be divorcing later - possibly next year.

His (my spouse's) name is on the HELOC (home equity line of credit) loan.

Am I able to refinance, in my name only, without any signatures from him?

I married him twice, and was awarded the house in the first divorce,... Read more »

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: bought my house before marriage, soon to be ex wife is refusing to let my dad on the property to mow. What can I do?

We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If...
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1 Answer | Asked in Real Estate Law and Divorce for Nebraska on
Q: My husband paid for upkeep on my house. Is he entitled to a share of potential value increase of the home?

My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... Read more »

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... 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... 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... 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... 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...
Read more »

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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... 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...
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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... Read more »

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