Paper Family of three Cut Out and set up next to a gavel

Family Law FAQs

Abrahamson Law Office May 12, 2023

Domestic relationship matters, such as marital agreements, divorce, property division, alimony, child custody, child support, and parenting time, are very sensitive and complex, and need to be managed carefully. Whether you're seeking a divorce or want to make changes to your family structure, getting proper guidance is imperative to navigate crucial decisions and avoid costly mistakes. 

As a family-run law firm, we have devoted our careers to offering experienced legal services and advising clients in the legal matters of divorce and family law. Our knowledgeable Nebraska family law attorneys are available to discuss your unique situation and answer some of your questions about family law and other divorce-related matters. We're proud to serve clients across Omaha, Douglas County, Washington County, and Otoe County, Nebraska.  

FAQs About Family Law and Divorce in Nebraska

I just got served with divorce papers. What are my next steps? 

If you've just been served with divorce papers, you need to reach out to a seasoned family law attorney immediately. Your legal counsel can review the papers and determine the best way to respond. In addition, your lawyer will fully explain your legal options and craft a strategic plan to manage your property, assets, and finances. Your attorney will work intelligently to resolve divorce and relationship differences peacefully and advocate for your best interests during the divorce proceedings. 

How long will it take to get divorced in Nebraska? 

In Nebraska, there is a 60-day waiting or "cooling off" period after filing your divorce petition and before the court grants marital dissolution. However, the time it takes to finalize your divorce will depend on whether you're seeking a contested or uncontested divorce. Also, if there are minor children involved, property disputes, or other contested divorce issues, it might take even longer to finalize your divorce. 

What are the grounds for divorce in Nebraska?   

Nebraska is a "no-fault" state for divorce. This means that when seeking a divorce, you're not required to show that your soon-to-be ex-spouse was responsible for the marital breakdown. The only ground for no-fault divorce in Nebraska is to affirm that the marriage is "irretrievably broken."  

Will I be awarded alimony? 

Contrary to popular belief, alimony isn't automatic, and it is not awarded in every divorce. The Nebraska court will only award spousal support when: 

  • One spouse needs financial assistance. 

  • The other party has the ability and resources to pay alimony while remaining financially independent. 

What is the difference between a legal separation and a divorce? 

Divorce and legal separation are among the available martial dissolution options in Nebraska. A divorce is the legal process to dissolve or end a marriage formally. In contrast, legal separation is a court-ordered arrangement that allows married couples to live separately and apart while staying legally married. 

When is mediation a good option?   

Divorce mediation requires divorcing couples to come together to discuss their relationship differences and negotiate feasible divorce terms with the assistance of a mediator or mediation attorney. Mediation may be a good option if: 

  • You're comfortable discussing the divorce issues with your estranged spouse. 

  • You believe in negotiating a feasible compromise and avoiding grudges. 

  • You want a peaceful divorce with a marginal impact on your children. 

  • You want to maintain control and power in your divorce—and not leave it to a judge. 

Who gets to keep the home during a divorce? 

Nebraska is an equitable distribution state. This means that marital assets will be distributed between the spouses equitably and fairly, but not necessarily equally. The following factors will be considered to achieve equitable distribution: 

  • the duration of the marriage 

  • the monetary and non-monetary contributions of each spouse to property acquisition 

  • the sacrifices made by either spouse for the benefit of the marriage 

  • the best interests of the children 

  • any existing pre- or post-nuptial agreement 

  • any other factor deemed necessary to achieve equitable property distribution 

What are the benefits of a prenuptial agreement? 

A prenuptial agreement (or a prenup) is a written contract entered into by engaged couples before getting married. Here are some benefits of a prenuptial agreement: 

  • It helps define expectations, clarify each party's duties, and establish clear boundaries. 

  • It helps protect your accumulated assets, finances, and businesses. 

  • It allows you and your partner to discuss important financial and property matters. 

  • It allows you and your partner to have an open and honest conversation about what actually matters to both persons. 

  • It protects you from the other party's potential liabilities or debts. 

  • It protects you against future uncertainties or in the event of a divorce. 

Do I need an attorney for my divorce? 

Yes. A divorce is often emotional and overwhelming. Hence, getting detailed legal guidance is crucial to make informed decisions. Your legal counsel can walk you through the whole divorce proceedings and represent you in court and during divorce negotiations. In addition, your Nebraska divorce lawyer can fight for your legal rights, ensure that the divorce agreement is well-detailed and legally binding, and help make your transition seamless and hassle-free. 

Strong & Compassionate Legal Help

Family law and divorce matters are usually very delicate and may involve several complexities and various legal legwork. At Abrahamson Law Office, our attorneys are dedicated to offering knowledgeable guidance and trusted advocacy to individuals and families in complicated family law and divorce issues. 

Whether you are making familial changes, considering a divorce, or resolving domestic relationship issues, we can guide you through the legal procedures involved and help you achieve the best possible outcome. Contact us at Abrahamson Law Office today to schedule an initial consultation with experienced divorce lawyers. We proudly serve clients across Omaha, Douglas County, Washington County, and Otoe County, Nebraska.