Nebraska Divorce Attorneys Represent Men In Divorce And Family Law

What are the grounds for filing for divorce in Nebraska?

Every complaint for dissolution of marriage that is filed in the state of Nebraska must declare the grounds for which the dissolution of marriage is to be granted. The Nebraska Legislature has adopted a "no-fault" divorce scheme permitting the dissolution of marriage upon a finding that the marriage is “irretrievably broken.”

The grounds for dissolution of marriage much be substantiated with evidence or testimony, otherwise the court may dismiss the case. If there is no dispute that the marriage is irretrievably broken, the court will likely make a finding that the marriage is irretrievably broken.

If one of the parties disputes that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding of whether the marriage is irretrievably broken or not.

How much will my divorce cost?

It is nearly impossible to estimate how much a divorce will cost someone. The costs and circumstances significantly vary from case to case. A case where the parties are amicable and can agree on the issues will cost less than an acrimonious divorce where all issues have to be proven at trial. Most cases fall in between those two scenarios.

Can I annul my marriage?

An annulment may only be granted if one of the following is shown: the marriage between the parties is prohibited by law; either party was impotent at the time of marriage; either party had a spouse living at the time of marriage; either party was mentally ill or was mentally challenged at the time of marriage; or force or fraud.

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Who will get custody of our child?

You and your spouse can decide which of you will have custody of your children. In almost all cases, the non-custodial parent will be awarded a period of visitation with the child.

Typically, the parents of the child are awarded custody. However, the law provides for custody by grandparents and other third parties when circumstances warrant such an arrangement.

Can a parent refuse visitation?

Child support payments and visitation privileges are not tied to each other. If the custodial parent has not received child support payments, he or she cannot refuse the other from exercising any visitation rights.

Can I modify custody?

Custody can be modified following the entry of the decree. In order for a modification to occur, the party seeking the modification must prove that the material change in circumstances has occurred.

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