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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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... Read 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...Read 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...Read more »
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 »
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 »
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 »
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.
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