Reasons to Consider Settling Your Nebraska Family Law Case Out of Court

img_3340Divorce, child custody, and other family law cases are among the most emotionally intense kinds of litigation. There are several sound reasons to consider settling your Nebraska family law case out of court.

Court proceedings aren’t punishment

Going to trial isn’t a good way to try to punish or penalize your spouse for their wrongs. Nebraska is a true no-fault divorce state. That means that, in the vast majority of circumstances, your spouse’s status as a giant jerk isn’t going to have any bearing on the outcome of your case.

Also keep in mind that emotions can get the better of you during a family law case. It’s usually a really hard time in your life. Very rarely – if ever – does a trial do anything positive to ease the raw nerves or wounded feelings of a divorcing spouse or to heal a hurting family.

Different options, same outcome –  settling your Nebraska family law case

Whether you reach a divorce settlement agreement through the collaborative divorce process, mediation, or negotiations between your lawyer and your spouse’s lawyer – this infographic outlines some good reasons to consider settlement:

 

Additionally, settling your family law case out of court can save money in the long and short run. Settlement can be less expensive in the short run because it saves the costs of trial – which can be very expensive. In the long run, you and the other party are more likely to follow an order upon which the two of you agreed, as opposed to one decided by the judge. That means you’re less likely to have to spend money going back to court in future.

If you and the other party are able to reach a settlement agreement:

  • your attorneys or the mediator will put it in writing
  • both parties will sign it
  • the judge still needs to approve and sign a Divorce Decree incorporating the provisions of your settlement agreement
  • that Decree will be the court order that you and the other party must follow, unless the court modifies the order down the road

Not for everyone

Settlement isn’t appropriate in every case. However, in the majority of cases, good attorneys can help guide you along the path to reaching an amicable and fair settlement for your Nebraska family law case.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Hightower Reff’s family law practice is available here.

If you need help with a Nebraska family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

 

Nebraska DUI and the DMV – 7 Things You Should Know (Infographic) (DUI Process Series Part II)

girl-dui-dmvThe holidays are a time to celebrate, and a favorite time for law enforcement to look for drunk drivers. Of course, drunk or drugged driving can be deadly and you shouldn’t do it – during the holidays or any other time. It also carries legal consequences, including court issues, as well as issues with Nebraska DUI and the DMV.

If you’re ticketed or arrested for driving under the influence in Nebraska, DUI and the DMV process is something you’ll need to know about.

The DMV process doesn’t impact the court proceedings regarding your DUI, but it does affect your ability to drive legally. (For more information about the court end of the Nebraska DUI process, see the first part of this series, Nebraska DUI Court Process – Ten Things You Should Know.)

This information is meant to make things more clear, but it’s not a substitute for hiring an experienced DUI Lawyer. When you do sit down with your DUI defense team, these seven things about the Nebraska DUI DMV process may help you feel less anxiety during what can be a scary time.

 

 

More on ignition interlock

The ignition interlock device attaches to your car’s ignition system. It requires you to pass a breathalyzer test before your car will start. If you qualify for the ignition interlock permit, you’ll be allowed limited driving privileges.

But wait, there’s more…

Your Nebraska DUI DMV plight isn’t finished after you go through all of the things in the infographic, however. There’s even more to do.

After all of the stuff in the infographic is finished successfully, you have to start the process to reinstate your driver’s license with the DMV. To accomplish that, you’ll have to do even more things. Depending on your DUI offense, you may have to pass a driver’s test, pay a reinstatement fee, and complete a chemical dependency evaluation, treatment and education.

Nebraska DUI and the DMV – Don’t go it alone

I’ve been representing clients in cases involving Nebraska DUI and the DMV in the Omaha area for many years. I know the ins and outs of both the DUI court process and the DUI DMV processes. Both can be complicated, and it’s easy to make a mis-step if you don’t have good legal support.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with your DUI case

If you need help with a DUI, contact Hightower Reff Law today at the downtown Omaha office, and arrange a time to talk with Partner Attorney Susan Reff

 

Nebraska DUI Court Process – Ten Things You Should Know (Infographic) (DUI Process Series Part I)

nebraska-dui-10-things-you-should-knowThe Nebraska DUI court process can be confusing, and it’s the last thing you want to worry about during the holidays. The best thing to do is not to drink and drive – of course. Good people make bad mistakes, however.

Clarity is key

I’ve been a practicing Nebraska DUI attorney in the Omaha area for many years, and I’ve met quite a few good people who’ve made bad mistakes. I understand. I do my best to help my clients through a very hard time in their lives by giving them the best representation possible, as well as clarity about their case. Clarity can be especially important when you’re going through a Nebraska DUI.

Two separate processes

To make going through a Nebraska DUI cases even more difficult, in addition to the court process – which addresses the legal penalties of a DUI offense – there’s also a Department of Motor Vehicles hearing process. That process will determine what happens with your license.

This infographic focuses on the court end of a DUI. Stay tuned for the next part in Hightower Reff’s DUI process series to find out about DUI DMV procedure ins and outs.

 

 

Plan Ahead

Again, it’s never okay to drink and drive. Before you head out for holiday parties, have a plan for a designated driver, a friend who will pick you up, or have your Uber app or the number of a cab company handy. On busy holidays, it may be best to be sure you have a designated driver or a sober friend or relative on standby incase cabs and Uber drivers are backed up.

The Nebraska State Patrol posts a calendar of selected enforcement locations throughout Nebraska on their website.

Don’t go it alone

Getting a DUI in Nebraska can be a very big deal. It can turn your life upside down – for a long time. Having an experienced DUI attorney who will fight for you and help you make the best decisions during both the court process and the DMV process is crucial.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with your DUI case

If you need help with a DUI case, contact Hightower Reff Law today at the downtown Omaha office, and arrange a time to talk with Partner Attorney Susan Reff

What Happens if You’re Charged with a Felony in Nebraska (Infographic)

felony-hightower-reff-law-omahaIt can be a scary not knowing what happens when you’re charged with a felony in Nebraska, if you end up on the wrong end of the law.

A felony is the highest stake criminal charge you can face. If you’re convicted, you lose many of your basic rights. You can’t vote, legally have a gun, serve in the military, be issued a passport, hold certain licenses, or get public housing… and the list goes on.

Clarity = peace of mind

When you know what happens when you’re charged with a felony, you’re more clear about things, and that can bring with it peace of mind – and an easier time assisting in your own representation.

Take a look at this Nebraska Felony Roadmap. It lays out the Nebraska felony criminal court process from start to finish, with several different scenarios.

You may be surprised to learn that, for some cases, in some areas of Nebraska, there’s an option that could keep the charge off your record – drug court or diversion.

 

 

The entire process from citation or arrest to sentencing can take a year or more. If you’re convicted, you have a limited time after sentencing to file an appeal.

Good support is key

The Hightower Reff Law criminal defense team in Omaha helps good people in bad situations. We have for many years. Getting a good criminal defense lawyer onboard who has a good team behind them is crucial when you’re charged with a felony, because there’s a lot on the line. Along with the peace of mind that comes with understanding the process, you also need the peace of mind that comes with good legal support.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with your criminal case. 

If you need help with a criminal defense case, contact Hightower Reff Law todayand come visit with Partner Attorney Susan Reff at the Omaha office. 

Nebraska Alimony – What you Need to Know (Infographic)

Nebraska Alimony - What you Need to KnowIf you’re thinking of divorce, you may also be wondering about Nebraska alimony (also known as spousal support).

Regardless of whether you think you may end up as the payor or the payee, you should know something about Nebraska alimony before you make decisions about your case.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


The spousal support conversation is an important talk to have with an attorney who’s experienced in Nebraska family law. This article and infographic will give you some basics that will help you have a more productive conversation with that attorney.

In our many years practicing Nebraska family law in at Hightower Reff Law in Omaha, we’ve learned that the more information clients have, the more clear and confident they are about their case, and the decisions they make.

When it comes to Nebraska Alimony, there are some things you may be surprised to learn.

The alimony of yesteryear

If you’re a little older, and someone you knew many years ago divorced, you may have heard it mentioned that the husband was ordered to continue supporting the wife “in the manner to which she’s become accustomed.” That may be the way many courts approached alimony in days of yesteryear, but it’s not the way spousal support goes in Nebraska today.

The times they have a changed

In the majority of cases, Nebraska courts don’t award alimony. If they do, it’s for a short time – long enough for the spouse receiving support to get training or education or find a job. It’s sometimes called “rehabilitative spousal support.”

Nebraska courts usually consider several factors when deciding spousal support – as explained in the infographic below. The court also considers the relative economic circumstances of both parties in its alimony decisions.

 

 

In cases where there is child support, that will be determined first, and then the amount of spousal support will be decided based on each party’s income and expenses after child support is paid.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page

Our additional resources on marital property division are available  here

If you need help with a Nebraska divorcecontact Hightower Reff Law today and come visit one of the attorneys at the Omaha office. 

Full Child Custody in Nebraska – What it Really Means (Infographic)

child-custodyYou’ve probably heard someone say “I’m going for full custody.” You may be surprised to learn what full child custody in Nebraska really means – and how likely it may be that you’ll get it.

When someone says “full” custody, they usually mean sole physical and legal custody. The infographic below explains both physical and legal custody in more detail.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


The fall of full custody

One parent having sole custody (also called primary custody) used to be an automatic in Nebraska, unless a parent could prove it wasn’t in the child’s best interests. That isn’t so anymore. Now joint custody is the default, and custody trials ending in sole custody orders are becoming more rare.

 

 

Today, unless one parent is shown to be unfit, or there’s another reason joint physical and legal custody wouldn’t be best for the child, Nebraska courts are favoring joint physical and legal custody arrangements in the majority of cases.

It’s important to note, however, that the custody arrangement can me made to suit the needs of the child and the family – and should be. For example, one parent can have sole/primary physical custody (possession), and both parents can still share joint legal custody (decision making), or vice versa.

Regardless of who has legal or physical custody, each parent still has the right to access the child’s educational and medical records.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about Hightower Reff’s child custody practice. 

If you need help with a child custody case, contact Hightower Reff Law todayand come visit with one of the attorneys at the Omaha office. 

Nebraska Marital Property Law – How it Works (Infographic)

Nebraska-marital-propertyIn our divorce practice at Hightower Reff Law, we find that new clients’ most common misconceptions are often in the area of Nebraska marital property law and how it works.

A common marital property misapprehension

When they first meet with us, a number of new divorce clients mistakenly think that because they kept their money in a separate account or titled an asset in their name only, their spouse won’t be able to touch the account or the asset in the divorce. However, that isn’t how Nebraska marital property law works.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


Pre-nup or no dice

Unless you have a well drafted prenuptial agreement that complies with Nebraska law, the property and debt accrued during your marriage is part of the marital estate, no matter whether the account or title is in your name only. That means it’s marital property subject to equitable division between you and your spouse – with very few exceptions.

 

This infographic isn’t meant to be a complete rundown of Nebraska marital property law in divorce. The law can change often depending on new case law and/or changes to Nebraska statutes. Also, there may be other exceptions or special circumstances, depending on the facts of your divorce case.

Get help

That’s why, when it comes to Nebraska marital property law and how it works – or any other legal issue – it’s best to get the advice and assistance of an attorney experienced in that specific area of law. However, arming yourself with some basic knowledge, like what you’ve learned by reading this article, can help you have a more informed conversation with your attorney. It can also give you clarity and peace of mind.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page

Our additional resource on marital property division is available  here

If you need help with a Nebraska divorcecontact Hightower Reff Law today and come visit one of the attorneys at the Omaha office. 

Collaborative Divorce – A Truly Amicable Alternative (Infographic)

 

collaborative-divorce-hightower-reff-2At Hightower Reff Law, not only do we practice in traditional divorce, we also offer collaborative divorce – a truly amicable alternative.  Attorney Scott Hahn and I are among the relatively small number of Nebraska lawyers certified in collaborative divorce.

Why collaborative divorce is a truly amicable alternative

The traditional divorce process happens our adversarial court system. Despite the Nebraska court process mixing in alternative dispute resolution efforts like mediation – in the end, divorcing spouses often end up duking it out in court. Collaborative divorce offers something different.

Collaborative divorce can result in a better outcome for the family in the short and long term. This is especially true when children are involved, because the adults must continue co-parenting after the divorce. Bruised emotions and hard feelings from a bloody court battle can cause additional problems between the parents for years. That’s not good for the children.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


How it works

In simplified terms, the collaborative divorce process involves you and your spouse working with a team of professionals to come up with an agreement for submission to the court to become a final order. You’ll need to have some court involvement to get everything finalized, but it will be brief and uncontested because you’ll have everything agreed upon ahead of time instead of “duking it out.”

Here’s an infographic with the nuts and bolts:

 

The collaborative process puts you in control

In traditional, litigation-centered divorce, unless you and your spouse reach agreement via mediation or negotiation, a judge has the decision making power. In collaborative divorce, you and your spouse control the process from the beginning and you have the power throughout the process.

I’ve been practicing divorce and family law for quite a few years. Through my experience I’ve learned that both spouses in a divorce are most satisfied with the outcome of their case when they’ve had input, instead of having the final order forced on them by a court.

When both sides are generally satisfied with the outcome of a case, both sides are more likely to comply with the final court order. That means it’ll be less likely they’ll have to keep dragging one another back to court to enforce that order.

These are some of the reasons I decided to become certified in collaborative divorce to better serve my clients – and why I believe so strongly in the process for the right cases.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Hightower Reff’s collaborative divorce practice is available here.

If you need help with a Nebraska divorce, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office.