Nebraska Family Law Case Review

An uncontested divorce occurs when both spouses agree on all major issues — property division, custody, and support. A contested divorce involves disagreements that may require negotiation, mediation, or court resolution. Uncontested divorces are generally faster and less expensive.

Courts evaluate the best interests of the child, considering each parent's relationship with the child, the child's adjustment to home and school, each parent's health, and sometimes the child's preference. Most states encourage shared custody arrangements when appropriate.

Most states use formulas considering both parents' gross incomes, number of children, healthcare and childcare costs, and custody arrangement. Deviations from guidelines are possible in certain circumstances, and support can be modified when there is a substantial change in circumstances.

Property division rules vary by state. Community property states generally divide marital assets equally, while equitable distribution states divide them fairly based on various factors. Retirement accounts, real estate, business interests, and debts must all be addressed.

Courts consider marriage length, each spouse's income and earning capacity, age and health, contributions to the marriage, and the standard of living during marriage. Alimony can typically be modified with a significant change in circumstances and usually terminates upon remarriage of the recipient.

Generally yes, if both parties made full financial disclosure, the agreement was voluntary, and terms are not unconscionable. Some states require both parties to have independent legal counsel. Prenups can address property division, spousal support, and debt allocation, but generally cannot predetermine child custody or child support.

Most states require courts to consider domestic violence when making custody determinations. Some create a presumption against custody for the abusive parent. Victims can seek protective orders that restrict contact and provide critical safety measures while related family law matters are resolved.

Terminology varies by state, but generally a guardian makes personal decisions (healthcare, living arrangements, daily care), while a conservator manages financial affairs (paying bills, managing investments). One person can serve in both roles, or the court can appoint different people for each.

Most family law attorneys charge hourly rates, though some offer flat fees for uncontested divorces. Many offer free or reduced-fee initial consultations. Costs depend on the complexity of the case and whether it's contested. Some courts can order one spouse to contribute to the other's attorney fees.