Divorce is never easy. The family law attorneys at Hightower Reff in Omaha, Nebraska, have worked with divorce clients for years and have found that when clients know the basic court process in Nebraska divorce, they know better what to expect, so they feel greater peace of mind. This article will give you a rundown of that process.
The Paper Chase
To start your divorce, your lawyer will file a Complaint for Dissolution of Marriage and other paperwork with the Clerk of the District Court. The complaint will ask for the court to dissolve your marriage and to determine issues that need to be included in the court order like division of marital property, spousal support and child custody and support if you have children.
Next, your lawyer will have the other party served with the complaint or get their signature on a Voluntary Appearance. After that, the other side has thirty days to file a written answer to the complaint.
It’s Only Temporary
While the divorce is pending, either side can file motions asking the court to enter temporary orders to decide things like who will live in the house or have custody of the children and how much temporary child support will be paid.
Any temporary orders that are entered will stand until the final decree is entered or until other temporary orders change them.
Getting Ready for Trial or Settlement
It will be several months or more until your divorce is finalized. During those months, your attorney and your spouse’s attorney will gather information through a process called discovery.
During discovery, the lawyers will exchange written requests for information. They may have more hearings with the judge to decide what information both sides are entitled to have or to decide any other issues that come up.
There might be depositions was which the attorneys ask questions of witnesses for the opposing sides.
During a deposition, witness’ statements are taken under oath by a court reporter with lawyers from both sides and both parties present.
Deciding the Issues and Getting a Final Order
If you can agree on all of the issues you need to work out to finalize your divorce, you will work with your attorney and/or a mediator to come up with a settlement decree and parenting plan. Both will need to be approved by the court and entered as a court order before they are final and enforceable.
Any issues in the divorce you and your spouse can’t agree on will be decided by the judge at trial. Both sides will put on evidence supporting their position and the judge will issue his or her order in the form of a Divorce Decree.
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.