Divorce

Individual Attention & Support from a Divorce Lawyer for Your Divorce Case, Your Children & Your Assets!

Every divorce is different, you must make sure that your attorney approaches your case with attention to detail and a course of action meant to address your specific needs, and the needs of those who are impacted by your divorce.

Trust Stephen as the best divorce attorney to be thorough in his evaluation of your divorce case and the planning of his approach to protect your rights and interests as a parent and spouse.

• Difficult divorce cases involving significant assets
• High conflict divorce attorney
  
• Trial lawyer for divorce cases
  
• Child custody disputes and parenting time rights
  
• Division of assets and debts
  
• Issues of alimony and child support
  
• Division of retirement and pension accounts
  
• Division of real estate and business assets

In Nebraska, divorce laws operate under a no-fault framework. This means that the court does not assign blame or determine who was at fault for the marriage breakdown. Instead, the focus is on practical matters such as custody, property division, debt allocation, and alimony.

Here are some key points about divorce in Nebraska:

1. Residency Requirement: Either you or your spouse must be a resident of Nebraska for at least one year before filing for divorce.
2. Equitable Distribution: Nebraska follows an equitable distribution approach for dividing marital assets and liabilities. This means that property and debts are divided fairly, though not necessarily equally. The court considers factors such as the duration of the marriage, contributions by each party, and support provided for career advancement or education.
3. Child Custody: The courts encourage both parents to remain actively involved in their children’s lives after divorce. Joint custody is preferred unless there are exceptional circumstances.
4. Child Support: Child support is calculated using an Income Shares Model, which considers both parents’ income.
5. Alimony: Alimony (spousal support/maintenance) may be granted temporarily or for an extended period.
6. Simple Divorce: A straightforward divorce, where parties are not disputing property division, debt, or parenting time.

Divorce (Dissolution of Marriage) - Contested & Amicable

There are divorce cases that get completely resolved pursuant to an agreement (amicable divorce/uncontested divorce) and there are divorce cases that do not get resolved pursuant to an agreement (contested divorce). As indicated, a contested divorce is when the parties cannot come to an agreement and the matter proceeds to trial on one or more of the issues involved such as alimony, property division, valuation issues, and child custody.

The help and assistance of a competent divorce attorney specializing in family law is crucial in a divorce case. Stephen is an Omaha divorce attorney and has the experience and skill necessary to guide you through the process. Stephen is a divorce lawyer specializing in contested cases. Additionally, Stephen represents individuals in divorce cases in Omaha, Lincoln.

Child custody and visitation: Both parents have a right to custody and to parenting time with their respective children. We will help you establish your rights and maintain a solid relationship with your children.

Child support: Child support is determined by the Nebraska Child Support Guidelines. The Guidelines take into account the parties' incomes as well as factors.

Marital property and debt: We help you review and identify your assets and debts and determine whether or not they are marital. We will also work to determine the value of your assets and to find any assets that may be hidden.

Alimony: The court may award alimony to help support a spouse as he or she develops the skill and expertise to become financially stable.

Property Division

The statutory authority for the division of property is found at Neb. Rv. Stat. & 42-365.

 "When dissolution of a marriage is decreed, the court may order ...division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or education opportunities... The purpose of a property division is to distribute the marital assets equitably between the parties."

The Nebraska Supreme Court has determined that the equitable division of property is a three-step process. The first step is to classify the parties' property as marital or nonmarital. The second step is to value the marital assets and marital liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties in accordance with the principles contained in & 42-365. Gangwish v. Gangwish, 267 Neb. 901, 678N.W.2d 503 (2004); Matthews v. Matthews, 267 Neb. 604, 676 N.W.2d 42 (2004). The three-step process can be very challenging and complex. As is often the case, the apparently simple first step - classifying the parties' property as marital or nonmarital is the most difficult. Stephen can help you through the three-step process.

Property Division in Nebraska (Equitable Distribution)

Nebraska is an equitable distribution state. Division of assets and debts is to be fair, but not always equal. Most of the time, a court will order an even fifty-fifty division of marital property, with each spouse receiving a minimum of one-third of the estate. Equitable distribution in Nebraska is analyzed as follows:

Identifying separate property, marital property, and debt: Property acquired during the marriage is a marital asset. Exceptions include inheritances and gifts intended for one spouse and the appreciation of property one spouse brought into the marriage and maintained as separate property. Debts incurred by either spouse during the marriage are marital debts unless shown not to be.

Valuation of property and debts: I will see that all marital assets and debts are valued. This is a very important step.

Division of assets and debts: I will see that the marital estate is divided appropriately and evenly. 

Contact Us Today to Talk About Divorce

At Stephen D. Stroh, Attorney at Law, we understand the emotional toll a divorce can take. Our team is committed to providing empathetic service, guiding you through every step of the process. Whether your divorce is amicable or contested, we are here to help. Don't face this journey alone. Contact us today and let us provide the support you need.