Don't Let the End of Your Marriage Feel Like the End of Your Life
Individual Support for Your Particular Situation
Every divorce is different, and you want to make sure that your attorney approaches your case with attention to detail and an individual course of action meant to address your specific needs and the needs of those who are impacted by your divorce.
Trust us to be thorough in our evaluation of your divorce and the planning of our approach to protect your interests.
Difficult cases involving significant assets
Cases of contested child custody and support
Division of assets and debts
Issues of alimony and spousal support
Division of retirement or pension accounts
Division of real estate and business assets
Divorce (Dissolution of Marriage)
There are divorce cases that get completely resolved pursuant to an agreement (uncontested divorce) and there are divorce cases that do not get resolved pursuant 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 child support, alimony, property division, visitation and child custody.
The help and assistance of a competent attorney specializing in family law is crucial in a divorce case. We have the experience necessary to help you through the process.
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.
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 contribute the marital assets equitably between the parties."
The Nebraska Supreme Court has determined that the equitable division of property is a three site 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-can be the most difficult. Stephen D. Stroh, Attorney at Law can help you through the three steps 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 analysed 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 on 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
Alimony / Spousal Support
Under Nebraska law, a court should look at several factors when determining a temporary or permanent award of alimony:
Contributions to the marriage should be considered, including child care and homemaking contributions that have interrupted a spouse’s career or educational opportunities.
An award of alimony should not be used to equalize incomes, but rather should be awarded to provide support during a time of transition.
The term of alimony should be based on the length of the marriage and circumstances of each spouse.
An award of alimony can be negotiated as part of an overall settlement agreement.
The ability to enter into the workforce should be considered when minor children are part of the picture.
The end of a relationship is difficult, but you can trust us to protect your personal interests and help you move on with your life.
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