Scottsbluff, NE Family Law & Divorce Lawyers

Help With Filing for Divorce and Other Complex Family Matters

Are you and your spouse considering divorce?

At Douglas, Kelly, Ostdiek, Snyder, Ossian and Vogl, P.C., we are dedicated to helping our clients through all types of complex needs involving family law. Trying to approach these matters on your own can be both confusing and frustrating.

Our Nebraska divorce lawyers have years of experience, have a thorough understanding of family law, and are committed to maintaining the highest standards and providing you with the necessary tools and information to make informed decisions.

Requirements & Waiting Period for Divorce in Nebraska

The state of Nebraska has several requirements before a divorce can be finalized:

• The couple seeking divorce must have resided in Nebraska for at least one year before filing.
• You must file a Complaint for Dissolution within the county you live in and pay the appropriate filing fee. If you find out that your spouse has changed address after filing the complaint, notify the district court immediately.
• Once the divorce paperwork has been filed, it takes at least 60 days for the divorce to be finalized.

The 60 day waiting period may be increased by the court if complications such as child custody or property and asset division arise.

Is a Lawyer Required for Divorce?

There is no current law that specifies the need to hire a lawyer when filing for divorce. Although many couples have successfully filed solo, most lawyers would agree that consulting with an attorney is in your best interest.

This is because it is easy to overlook some of the more complex laws associated with divorce, such as child custody. 

Additional reasons you’ll want to retain legal representation for your divorce include:

• They can take the burden of documents and excess paperwork off your shoulders.
• They can interpret the law and communicate this to you in an easy way.
• You will need to hire an attorney if your spouse does as well.
• They can help you identify the issues that are worth pursuing, which can help save time and money.

Is Nebraska a Community Property State?

No, Nebraska is not considered a community property state. It is an equitable distribution state which allows the court to divide the property between spouses based on what is "fair and equitable." This does not mean that the property will be split 50/50. Rather, a judge will determine the value of all assets and distribute it in a way that keeps both parties financially, physically, and emotionally healthy.

Some factors that may be involved in determining asset distribution include:

• Each spouse’s contributions to the marriage
• Earning abilities of each spouse following the divorce
• The positive and negative effects of giving an asset to one spouse over the other
• The financial implications of dividing stocks, real estate, and businesses
• The age, health, and overall well-being of each spouse

If an agreement was made prior to the divorce that outlined asset division, then the court will not need to intervene. Equitable distribution will only apply if the spouses cannot agree.

Many people are surprised to learn that equitable distribution in Nebraska can involve complex assets like family farms, closely held businesses, and retirement accounts, all of which are common in and around Scottsbluff. Our divorce lawyer can help you gather the financial records the court will expect to see, explain how marital and non-marital property are treated, and work with you to propose a division that protects your long-term financial stability.

How is Alimony Determined in Nebraska?

One of the main considerations when a judge is deciding whether or not to award alimony is the ability of each spouse to maintain the same standard of living they had throughout their marriage.

This involves looking at each spouse’s job, their earning potential, and their marketable skills, as well as the job market. The goal of alimony is not for one spouse to rely on it indefinitely. Rather, the goal is to help them be able to provide for themselves.

Courts will also look at how long the marriage lasted, what sacrifices either spouse made for the family, and whether one person needs time or training to reenter the workforce. By talking through your work history, health, and financial goals with us, you can better understand what type of alimony arrangement may be realistic and how it fits into your overall divorce strategy.

Is Nebraska a No-Fault Divorce State?

Yes, Nebraska is a no-fault divorce state, which means that you can file for divorce on the grounds of your marriage being irretrievably broken. You do not need to prove that your spouse did something to provoke the divorce. Even if your spouse disagrees with the divorce, you can still file.

To initiate the no-fault divorce process in Nebraska, you must first file a complaint at your local court. This complaint is called a dissolution of marriage and will require certain details, including:

• The retirement or pension accounts of each spouse
• Whether alimony exists and which spouse is receiving it
• Whether marital property and/or debt is being shared between the spouses
• If children are involved; this would not apply if a previous agreement has been created by the couple

Secondly, you will need to show that the marriage is irretrievably broken and there is no chance of repair. This is generally easy to do, as most courts accept it as fact. Residency requirements must also be met, meaning at least one of the spouses has lived within state lines for a year. Lastly, you will need to wait 60 days, which is the mandatory waiting period in Nebraska. This gives the couple time to work out their differences.

Although Nebraska law does not require you to prove fault, the facts surrounding your marriage can still affect issues like custody and property division. 

Attorneys Experienced in Issues Involving Family Law & Divorce

Whether you are starting a marriage, considering divorce, or going through another situation, we are here to assist and guide you through what may be an emotionally exhausting period in your life. If you have specific concerns you would like us to address, understand that you are not just a case file, and we take the time to listen and address your needs.

We represent a wide range of family law matters, including:

• Uncontested and contested divorce
• Child custody
• Visitation
• Child support
• Relocation
• Alimony/spousal support
• Adoption
• Prenuptial agreements
• Paternity matters
• Estate planning, wills, trusts, probate
• Domestic violence

Scottsbluff Custody Laws

In Nebraska, custody and visitation rights are either decided by the parents through mediation or collaborative law, or they are decided by a family law judge if the matter is contested.

The judge will make his or her decision based on a number of factors, including:

• Each parent's schedule and ability to spend quality time with the child
• Each parent's home environment
• Each parent's income
• Any history of drug or physical abuse
• The child's preference, in qualifying cases

Our divorce attorneys in Scottsbluff are dedicated to keeping families together and protecting the rights of children. If you are separated from your children's other parent and need to seek custody or visitation rights, give us a call today to learn how we can fight for your rights.

Is Child Support Mandatory For Joint Custody?

Yes, financial support is often ordered by the court so that the parent with the higher earnings can continue to give the child a comfortable living.

What Rights Do Grandparents Have With Children?

Grandparents will not be awarded custody unless the parents of the child are shown to be unfit. The best interests of the child will always be considered, and this will be determined in a court hearing for the child to be in the care of the grandparents over the parents. This is often through filing for guardianship where the grandparent has full legal custody of the child.

Contested vs. Uncontested Divorce in Scottsbluff

One of the first decisions many people face is whether their divorce will be contested or uncontested. An uncontested case is one in which both spouses are able to reach agreement on all major issues, including parenting time, support, and division of property and debt. A contested case arises when there is disagreement on one or more of these topics, and the court in Scotts Bluff County may need to hold hearings and ultimately decide. Understanding which path you are on helps you plan for the time, cost, and level of conflict involved.

Adoption Attorneys in Scottsbluff, NE

The adoption process will be different for every child, depending on factors such as his or her age, the child's current situation or background, and how willing the biological parents are in giving up their rights. As Scottsbluff adoption lawyers, we have seen cases where the biological parents' rights have been revoked by the court. We can help you with this process, whatever your circumstances may be, so that you can give your child the home he or she deserves.

Families in the Nebraska Panhandle often have questions about which court will hear their adoption case, how background checks and home studies work, and what to expect at the final hearing. Because we handle adoptions regularly in and around Scottsbluff, we can explain how local judges typically approach these issues, what documents you will need to prepare, and how adoption may interact with any existing guardianship or custody orders.

How Much Does it Cost to Adopt a Child in Nebraska?

All expenses related to the adoption will range greatly depending on the type you choose. If you are looking to adopt internationally, domestically, or through an agency, all costs will vary.

Specific expenses that you may be responsible for include:

• Agency fees
• Attorney fees
• Counseling or traveling expenses
• Medical costs associated with the birth mother and child

When is Consent Not Necessary in Nebraska?

Consent to adopt may not be necessary if the parent is or has:

• Not capable of providing consent
• Relinquished the child in writing
• Had their parental rights terminated by the court
• Abandoned the child at least 6 months before filing for adoption

Schedule a Free Consultation with a Family Lawyer in Scottsbluff

At Douglas, Kelly, Ostdiek, Snyder, Ossian and Vogl, P.C., we know that seeking out a Scottsbluff family law attorney can be a difficult step to take. However, our goal is to provide you with the assistance and advocacy you need. 

When you contact our office, we will talk with you about where your case stands now, what court in or around Scottsbluff is likely to hear it, and what your immediate concerns are about your children, your home, and your finances. From there, we can outline practical next steps so you understand what to expect over the coming weeks.