I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

answered on Sep 30, 2023
You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

answered on Sep 20, 2023
The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

answered on Sep 20, 2023
The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

answered on Jul 1, 2023
You can't legally marry in Nebraska if you are already married. The second marriage would be void.
It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve... View More
I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

answered on May 9, 2023
There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.
If the complaint is not fixable, you may need to file the complaint again as a new... View More
I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

answered on May 9, 2023
Hello. There is a lot of more specific information required for an attorney to help make sure you followed everything required. I'm assuming that you are talking about an original divorce action where you are the Plaintiff based on your characterization of this question as divorce. Your best... View More
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... View More

answered on Dec 29, 2022
As Nebraska is a "no fault," you don't need to show much for the Court to find that the marriage is broken in order to obtain a divorce. Even if one party thinks the marriage is salvageable, an attempt at counseling and one spouse still wanting the divorce is generally enough for... View More
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... View 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... View 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... View 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... View 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.... View 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... View 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.... View More

answered on Nov 3, 2022
If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated... View 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... View More
Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got... View More

answered on Jul 31, 2023
You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:
https://supremecourt.nebraska.gov/e-services/case-information-eservices
You... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View More
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