Lincoln, Nebraska Family Law Attorneys in Lancaster County

Family Law in Lincoln, Nebraska: A Practical Overview

Family law involves legal issues that affect families, relationships, and household responsibilities. These matters often arise during times of significant transition and emotional stress, when individuals are seeking clarity, stability, and a path forward. Understanding how Nebraska family law works can help people make informed decisions during an otherwise overwhelming process.

In Lincoln and throughout Lancaster County, family law commonly addresses issues such as dissolution of marriage, child custody and parenting time, child support, adoption, paternity, and fathers’ rights. Each of these matters follows Nebraska-specific statutes, court rules, and procedures that directly affect how cases move forward and how decisions are made.

Dissolution of Marriage in Lancaster County

A dissolution of marriage is the legal process used to end a marriage in Nebraska. Marriage creates a legal relationship, and dissolving that relationship requires filing the appropriate paperwork with the Nebraska courts and following established legal procedures.

Nebraska is a no-fault dissolution state. This means the court does not require proof of wrongdoing by either spouse. Instead, a marriage may be dissolved when it is considered irretrievably broken. Nebraska law also includes residency requirements that must be met before a dissolution can proceed.

Property and Debt Division

During dissolution, Nebraska courts divide marital assets and debts using an equitable distribution standard. “Equitable” does not always mean equal. Courts consider factors such as:

• The length of the marriage

• Each spouse’s contributions (financial and non-financial)

• Each party’s earning capacity and future needs

• The circumstances of each spouse after the dissolution

In certain situations, marital misconduct—such as infidelity or domestic abuse—may also be considered when determining property division or spousal support.

Dissolution as a Civil Court Process

Dissolution cases in Lincoln are handled in Nebraska state courts and follow civil litigation procedures. This means parties may be required to exchange information and evidence through formal discovery methods, including:

• Depositions

• Interrogatories

• Subpoenas

Many cases also involve mediation or other forms of alternative dispute resolution, which can help parties resolve issues without a trial. While some dissolutions settle through negotiation, others—particularly those involving contested issues or complex finances—may proceed to trial. Understanding this process helps parties prepare for what lies ahead.

Spousal Support (Alimony) in Lancaster County

Spousal support, sometimes referred to as alimony, is one of the more complex aspects of a dissolution case. Nebraska does not rely on a fixed formula to determine spousal support. Instead, judges evaluate the specific facts of each case.

Courts may consider:

• The length of the marriage

• The age and health of each spouse

• Each party’s earning ability and financial resources

• The standard of living established during the marriage

Because spousal support decisions are fact-specific, presenting accurate and complete financial information is especially important.

Pre-Nuptial and Post-Nuptial Agreements in Lincoln

A prenuptial agreement allows individuals to plan ahead by defining financial rights and responsibilities before marriage. These agreements often address:

• Separate versus marital property

• Division of assets and debts

• Spousal support in the event of dissolution

To be enforceable in Nebraska, prenuptial agreements must be entered into voluntarily and with full financial disclosure. Certain issues—such as child custody and child support—cannot be decided in advance. A postnuptial agreement serves the same purpose but is executed after the marriage begins.

Child Custody and Parenting Time in Lancaster County

Child custody matters are among the most sensitive areas of family law. Nebraska courts decide custody and parenting time based on the best interests of the child, with a focus on safety, stability, and the child’s overall well-being.

Courts may consider factors such as:

• Each parent’s relationship with the child

• The ability to provide a stable home environment

• Any history of substance abuse, domestic violence, or criminal conduct

When parents can agree on a parenting plan, courts generally approve it. If parents cannot agree, the court may rely on evidence such as school records, professional evaluations, and other relevant information to make its decision.

Legal Custody vs. Physical Custody in Nebraska

Nebraska distinguishes between:

• Legal custody, which involves decision-making authority for major aspects of a child’s life, and

• Physical custody, which refers to where the child primarily lives

Courts may award joint or sole legal custody and shared or primary physical custody, depending on the circumstances. Parents may share one form of custody without sharing the other. Understanding these distinctions helps parents better anticipate possible outcomes.

Child Support in Lancaster County

Children are legally entitled to financial support from both parents. Nebraska calculates child support using statewide guidelines that consider:

• Each parent’s income

• Allowable deductions

• Health insurance costs

• Childcare expenses

• Parenting time arrangements

Courts generally assume that the parent with primary physical custody provides direct day-to-day support. Reviewing financial information carefully is essential, particularly in cases involving disputed income or underemployment.

Abuse and Neglect Proceedings in Nebraska

Abuse and neglect cases involve allegations that a child is not receiving appropriate care or is at risk of harm. The state may initiate these proceedings and may appoint legal representation for the child.

These cases can involve strict timelines, court-ordered services, and serious consequences, including the potential termination of parental rights. Because of the gravity of these matters, they require careful preparation and a clear understanding of Nebraska law and procedure.