Frequently Asked Questions
This page provides answers to some of the most frequently asked questions in family law proceedings to include marriage, divorce, and child support in Nebraska. Contact Stephanie Flynn Law or call (402) 325-8469 to discuss your unique family law situation.
PreNuptial AGREEMENTS
What is a prenuptial agreement?
A prenuptial agreement, also referred to as a premarital agreement or prenup, is an written agreement between two people who are contemplating marriage. Premarital agreements can include a number of things, but most often address issues of division of debts and assets in the event of a divorce along with any alimony that may be paid.
Are prenuptial agreements enforceable in Nebraska?
Generally speaking, yes. Please see our blog article for more information on enforcement of premarital agreements.
Do I need a premarital agreement?
This is a personal decision that only you can decide. However, prenups can be useful in situations where there is a significant discrepancy in the debts or assets of the parties or the earning capacities of the parties. A properly drafted prenuptial agreement can help protect an individual in the event of a divorce by helping to protect assets in which the individual will be able to keep and any debts the individual may be liable for.
Can custody of children be set forth in a prenp?
No. Custody determinations are left up to the court to decide and parties cannot make agreements regarding custody in a premarital agreement. However, if parties can reach an agreement regarding custody and visitation at the time of the divorce, courts will usually approve the agreement of the parries.
Do I need an attorney to draft a prenuptial agreement?
We highly recommend hiring an attorney to draft a premarital agreement, although, it is not required by law. Prenups can be highly complex. There are also various legal requirements that must be satisfied for a premarital agreement to be valid and enforceable.
When are prenuptial agreements signed?
At any point in time prior to the marriage. If the agreement is signed after the marriage than it is not valid as Nebraska does not recognize post-nuptial agreements.
Marriage and Divorce
Is Common Law Marriage Recognized?
Nebraska does not recognize a common law marriage.
Can my marriage be annulled?
Marriages can be annulled if the marriage was prohibited by law, either party was impotent at the time of the marriage, either party had a spouse living at the time of the marriage, or where either party lacked the capacity to legally contract a valid marriage.
What is “No-Fault? Divorce?
Nebraska recognizes No-Fault Divorce. This means that neither party has to be “at fault” for a divorce to be granted. Neither party has to allege infidelity, abandonment, or any other specific difficulties that arose in the marriage leading to the desire to obtain a divorce. Rather, the only need is that reconciliation efforts have failed and the marriage is “irretrievable broken”.
How is a divorce proceeding started?
A Complaint for Dissolution of Marriage is filed.
Is there a waiting period?
There is a 60 day waiting period from the time of serving the Complaint for Dissolution of Marriage before the final divorce hearing can be scheduled.
Is there a residency requirement?
At least one party must have been a resident of Nebraska for at least a year prior to filing for dissolution of marriage, unless the marriage took place in Nebraska and either party has resided in Nebraska from the time of the marriage to the filing of the Complaint.
How long will my divorce take?
A few months to over a year. The time period varies based on a number of factors such as what issues are being contested, if the parties are able to work together to reach an agreement as to the division of their debts and assets, and if children are involved.
Will I have to pay Alimony?
Alimony, or Spousal Support as the courts call it, is not a guarantee in any case. There are various factors that the courts look at when making a determination to order alimony in any case. Some of these factors include the length of the marriage, the age and education of both parties, the physical and emotional health of the parties, the earning capacity of both parties, and the contribution of the parties to the marital life to include things such as one party working to help put the other party through school or one party giving up a job to care for the minor children.
Can I change my name to my maiden name?
Yes. A party can have the maiden name or a former name restored during the divorce proceeding if they wish to do so, but are not required to. The name change request should be included in the Complaint or Petition for Dissolution of Marriage and then it can be included in the final Divorce Decree or Order.
How long must I wait to remarry?
You must wait six (6) months before you can get remarried.
When is my divorce final?
The divorce is final thirty (30) days after the final Divorce Decree is entered for all purposes except for remarriage and health insurance, both of which have a six (6) month waiting period after the final Divorce Decree is signed.
Do I need an attorney?
You are not required to have an attorney. The Courts provide self-help forms for handling a pro se divorce, or representing yourself without the help of an attorney. However, the courts will not assist individuals or give legal advice to parties who are not represented by an attorney.
There are various forms that need to be filled out correctly and procedures that must be followed in order for the divorce to be granted. An lawyer can prepare all the necessary forms and will be familiar with the procedures that will take place. An attorney can also advise you of your various options and help insure that your legal rights are protected.
Child Custody
Who will get custody?
There is no longer a parental preference, rather, the Court looks at a number of factors, including, but not limited to the following when making a custody determination:
The environments offered by each parent including safety, stability, nurturing, and cleanliness of the home.
The child’s preference for which parent he or she wishes to live with may be taken into consideration. Generally and older child’s preference is given more weight.
The fitness of the parents. The Court may look at illness of a parent, criminal history, sexual conduct, and any other relevant factors that may be at issue in the particular case.
The parent’s ability to provide for the needs of the child(ren) such as educational, physical, safety, nutrition, hygiene and the like.
Domestic violence between the parents may be taken into consideration for purposes of determining custody, parenting time, possible supervision during parenting time, and exchange of the children.
What is the standard parenting time?
Each case is unique and the parenting time schedule can be substantially different from case to case. However, in most cases, the non-custodial parent will have the children every other weekend. The start and end times for the weekend varies, but is often from Thursday evening to Monday morning.
The parents will often alternate every other holiday, with both parents ending up having the children for every holiday over a two (2) year time frame.
What about joint custody?
Most often joint custody won’t be awarded over the objection of one of the parties. Joint custody doesn’t work well for every situation. Joint custody works best when there is effective communication between the parents, there is a desire of the parents to work together and to continue to co-parent, the parents are able to be flexible and compromise when making decisions concerning the children, and the parents hold similar values and have similar parenting styles.
Joint custody does not necessarily mean equal parenting time, nor does it mean that the children go back and forth between parents every week. There are many different parenting time schedules for those awarded joint custody.
Can the parents decide custody and parenting time?
Yes. If the parents are able to agree on custody and parenting time, the Judge will most likely approve the plan, as long as the Judge feels that the custody arrangement is in the child or children’s best interest.
Most often, custody arrangements work best when the parties are able to come to an agreement on their own, rather than having a Judge make the determination for them. The parties know more about their own parenting abilities and their situation than a Judge ever could.
Can custody be modified?
Yes. In order for a modification, there must be a substantial change in circumstances. The modification must be in the best interests of the children.
Do Grandparents have visitation rights?
Grandparents may be granted visitation rights in limited circumstances to include when the child’s parents are deceased.
Child Support
How much will I have to pay in child support?
This is dependent on your income, the other parent’s income, the number of children, and the child custody arrangement. Nebraska has support guidelines in place to determine the child support amount. Stephanie Flynn Law can help you to determine your child support amount should be based on these factors.
Are there any deductions when calculating child support?
Yes. There are certain items that are deducted from your income when determining children support such as taxes, money paid towards a retirement account, previously ordered child support, and health insurance paid for the children.
Is there a minimum child support amount?
Yes. The minimum set forth in the child support guidelines is $50, or 10 percent of the obligor’s net income, whichever is greater.
How are medical expenses paid?
The custodial parent is generally responsible for the first $480.00 out of pocket. After that, each parent is generally ordered to pay 50% of the out of pocket costs.