In Nebraska, a no-fault divorce is granted on the basis of a showing by either spouse that the

marriage is “irretrievably broken.”

A lawyer’s role is to represent a client’s best interests by serving as an advocate and 

negotiator and by knowing the proper procedures to follow and the pleadings and other

documents that must be filed with the Court. Often, two people who are in the process of

dissolving their marriage are unable to negotiate calmly and rationally. More importantly,

it is usually very difficult to agree upon a settlement without being properly advised of your legal

rights and obligations. Both parties should fully-understand any settlement agreements and how

the Court would be likely to proceed if no agreement is reached. By providing both practical and

legal advice, an experienced lawyer like William Neiman can help at all stages of the divorce

proceedings.

Child Custody

If you have children, normally one party is granted physical custody of the children and the other

party receives visitation rights or parenting time with the children. The non-custodial parent is

usually required to pay child support, which is determined by guidelines which are adopted and

published by the Nebraska Supreme Court. The main principle behind the guidelines is to

recognize the duty of both parents to contribute to the support of their children in proportion to

their net incomes. Issues of custody of children, child support, and visitation or parenting time is

subject to modification at any time if the parties can show that there has been a substantial and

material change in circumstances since the entry of the last order, and that the change or

modification is in the best interests of the children.

A contest over child custody is usually a very difficult experience for all involved. If the parties

cannot agree on custody, the issue will go forward to trial and the Judge will make the final

determination. The Court does not give preference to either parent based the sex of the parent

or children, and the Court will not begin the trial presuming that one parent is more fit than the

other. In making a determination on this issue of custody, the Court may consider some or all of

the following factors:

   a.  Who was the primary care taker of children - attended school conferences, doctors

        appointments, care for children while ill, cooking, clean and general care of child’s

        physical, academic and emotional needs;
   

     b.    General considerations of moral fitness of a child's parents, including parents' sexual

           conduct;

   c. Respective environments offered by each parent;

   d. Emotional relationship between child and parent;

   e. The age, sex and health of the child and parents;

   f. Effect on the child as a result of continuing or disrupting existing relationship.;

   g. Attitude and stability of each parents character;

   h. Parental capacity to provide physical care and satisfy educational needs of child;

   i. General health, welfare, and social behavior of child;

   j. The desires and wishes of the minor child if of an age of comprehension regardless of

      chronological age, when such desires and wishes are based on sound reasoning;

   k. Abuse inflicted on any family or household member.

Property

Another aspect of the dissolution of a marriage is the apportionment of the property of the parties

which was acquired during the marriage and the apportionment of the debt that the parties

incurred during the marriage. Depending upon the complexity of the case and the amount and

types of marital property and debt, division can be relatively simple or it can be quite complex.

An experienced attorney like William Neiman can review the property and debt to insure that

you receive the amount of property that you are legally entitled to and that you are not required

to pay any debts which you are not legally required to pay.

Spousal Support

Alimony or spousal support is another issues that an experienced attorney like William Neiman

can assist you with. Depending upon the circumstances of the marriage, the Court may order

one person to pay spousal support to the other. In determining whether alimony or spousal

support is appropriate, an experienced attorney like William Neiman will conduct a detailed

review of circumstances of the parties, the duration of the marriage, the 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 educational opportunities, and the ability

of each of the parties to engage in gainful employment without interfering with the interests of

any minor children in the custody of such party. If a party does not receive any spousal support

at the time of the original decree, that decree cannot later be modified to award spousal support.

Required Info

If you are seeking a dissolution of your marriage, the following information will be required in

order that the appropriate pleadings may be drafted by your attorney, William Neiman:

      •  Your full name, age, date of birth, street address, social security number, birthplace,

          occupation, and your residence at the time you were married.

      •  Your spouse’s full name, age, date of birth, street address, social security number,

          birthplace, occupation, and their residence at the time you were married.

      •  The place where you were married (i.e. City, County, and State)

      •  The date of the marriage

      •  If you have any children: Their names, dates of birth, and social security numbers
      

       •  You should also be familiar with all of the property that is owned and all of the debt that

         is owed, so that those issues can be discussed with Mr. Neiman in some detail at your

        first visit.