If you or someone you know is a Nebraska resident going through or expecting to go through a divorce, it’s important you prepare. One of the most important things you can do is hire a divorce lawyer to help you protect your rights and assets during the case. A lawyer can help you understand the Nebraska state court system and how the divorce process works. A lawyer can also answer important questions like, “Who gets what in a divorce in Nebraska?” Questions like this are important to ask before your divorce.
Equitable Distribution
Nebraska follows a model of equitable distribution. This means that assets are divided up equitably among spouses. Note this is not the same as equally or 50/50 division, as seen in most community property states. In Nebraska, it’s up to the courts to decide how property should be divided up. They will consider several factors when making the determination. This is why it’s so important to have an attorney on your side who can help you prepare for this process.
Equitable distribution happens in three main steps:
- Classifying the assets: Assets should be classified as either marital property or non-marital property. Marital assets are those that were acquired during the marriage. These could include but are not limited to real estate, art, stocks, bonds, furniture, investments, and retirement plans.Non-marital property, also known as separate property, are assets and liabilities acquired prior to the marriage or certain inheritances or gifts received during the marriage. For example, a gift given to one spouse could be considered separate property.
- Valuing the assets: The second step is that assets and liabilities must be valued. Depending on the type of asset, this process can take a long time to complete. In many divorce cases, this is the longest part of the process.Assets such as art, jewelry, or other collectibles can be challenging to properly value, especially when compared to others like investments or real estate, where it’s much easier to determine their fair market value. Once the valuation is complete, the final step can begin.
- Calculating the equitable distribution. During this process, the court will analyze factors such as the length of marriage, the standard of living during the marriage, if any children are involved, the earning capacity of each spouse, and the employability of each spouse, among other things.Nebraska takes a case-by-case approach to equitable distribution in divorce cases, so each case will be different. In general, all marital assets are eligible for distribution, but separate property is not.
FAQs
Q: How Are Assets Divided in a Divorce in Nebraska?
A: Assets in a divorce in Nebraska will be divided equitably. This, however, does not always mean they will be divided evenly between spouses. The court will consider several key factors when determining asset division.
Factors like the length of marriage, the total value of the assets, and the cooperation level of the spouses will be considered. Before this can happen, spouses need to divide their property between marital assets and non-marital assets. An experienced divorce lawyer can help with this process.
Q: What Are the Divorce Rules in Nebraska?
A: There are several important divorce rules to be aware of in Nebraska. One of the most important rules is that Nebraska is a no-fault divorce state. This means spouses can file for divorce without having to prove blame or fault rather than finding fault on the part of their spouse before they can file for divorce.
Q: How Much Is Spousal Support in Nebraska?
A: There is no cap on the amount of spousal support you could receive in Nebraska. Some states have specific formulas for calculating alimony or child support, but Nebraska does not. Nebraska takes a case-by-case approach to spousal support calculations.
The court will consider all the factors specific to the subject divorce case. One of the most influential factors will be each spouse’s income and expenses. Additionally, if there are any children involved, that will also influence the amount.
Q: Does Infidelity Affect Divorce in Nebraska?
A: Infidelity does not seriously affect divorce in Nebraska. Nebraska is a no-fault divorce state, which means spouses can file for divorce without having to prove adultery, infidelity, cruelty, abuse, or anything else that the other spouse was doing wrong.
Spouses can simply state their marriage is damaged beyond repair in an effort to avoid hostility between the spouses during the case. Infidelity will not have a big impact on the divorce case, but it may influence the amount of alimony awarded.
Q: Do I Need a Lawyer for a Divorce in Nebraska?
A: While you are not legally required to have a lawyer for a divorce in Nebraska, it is highly recommended that you do. A divorce lawyer will know how to navigate through the complexity of the Nebraska court system, which can be challenging to do without a legal professional on your side. Also, it’s likely that your spouse will have legal counsel on their side, so it makes sense for you to have one as well. If you forgo a lawyer, you’ll be at a significant disadvantage.
Stange Law Firm: A Legal Team That Can Help With Your Divorce
Understanding how divorces work in Nebraska can be incredibly helpful and give you an advantage in your divorce case. Divorce can be mentally and emotionally challenging for all parties involved. It can have a lifelong impact, and once finalized, it can be hard to modify. Therefore, it’s important you have an experienced legal professional alongside you to ensure your interests are protected throughout the process.
At Stange Law Firm, our team of experienced legal representatives is ready and able to assist you. Whether you’re facing a contentious custody battle or a high-asset property division case, our team can provide the necessary support. With our compassion, dedication, and determination, Stange Law Firm can assure that you’re getting the quality legal advice you need in your divorce case. Contact us today to see how we can help you.
