Nebraska Divorce Questions

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The divorcing partners would have several questions related to divorce that they would need answers to. It is essential to know appropriate legal details about the state where you are thinking about filing for dissolution of marriage. One should have knowledge about the minimum residency requirements, divorce filing venue, permitted grounds of divorce, visitation issues, child custody rules, marital property distribution etc. We have listed few important Nebraska divorce questions and their appropriate answers that would provide solution to the queries. As a layman one is not accustom to use of legal terms such as Petitioner, Co-Petitioners, Respondent etc., the legal term details provided here will help you to understand these terms.

The important examples of Nebraska divorce questions are as follows:

Q. How are the divorcing partners identified in a divorce case?

A. The person, who files the divorce papers and initiates the procedure, is identified as the Petitioner. The partner of the Petitioner, who is served the divorce papers, is named as the Respondent. Sometimes both the divorcing partners file the Petition jointly and these are then identified as Co-Petitioners.

Q. Reveal the residency requirements in this state?

A. One of the following requirements must be satisfied.

  • The marriage must have been solemnized in this state and minimum one divorcing partner must have resided in this state for the entire marriage
  • Any one or both divorcing partners must be a bona fide resident of this state for minimum 1 year

Q. How to select the correct venue for a divorce case in this state?

A. The District Court in the county in which either divorcing partner stays is the correct venue to file the divorce case.

Q. Which grounds of divorce are permitted in this state?

A. Only one ground of divorce is permissible in this state. This is irreconcilable differences between the divorcing partners.

Q. What is the purport of child support?

A. The non custodial parent disburses some amount of money to the custodial parent for the fulfillment of the requirements of the child or children. This money is called as child support.

Q. When the divorcing parents fail to resolve the child custody and visitation issues, the court oversees these issues. How does the court take the decision?

A. Regarding the issues of child custody and visitation, the gender of the parent is not given any significance by the court. The sole intention kept in mind by the court is the best interests of the child or children. While arriving at this decision, the court considers several factors, some of these are mentioned below:

  • If any household member has abused the child(ren) and there is credible proof of this
  • The social behavior, welfare and general health of the child
  • The desires of the child(ren)
  • The type of relation the child shares with the parents

Q. Are grandparents eligible for visitation rights?

A. Yes. It must be proved that it is in the best interests of the child to continue a relation with the grandparents. By means of an affidavit, proof may be presented in the court that a considerable beneficial relation existed in the past or exists presently, between the grandparent and the child.

Q. Which factors does the court consider while distributing marital property?

A. Nebraska executes equitable distribution of marital property. As per this principle, the distribution of marital property is not essentially equal, but fair and equitable. The following factors are contemplated by the court while making a decision regarding this distribution.

  • The past history of the input of either partners to marital life
  • The span of marital life
  • The circumstances of the divorcing partners
Consider that one partner has a minor child or children in his or her custody and this partner is supported by the other partner. Then without compromising the interests of any minor children, the capacity of this supported partner to engage in employment is taken into account.

The Nebraska divorce questions mentioned above are collated considering the information that a person filing for dissolution of marriage needs to know about. Each state might have some different laws related to divorce and the person filing for dissolution of marriage needs to be aware about them. Along with divorce one needs to be aware about other settlements such as marital property distribution and the factors that the court would consider while finalizing distribution of marital property. The court would consider factors such as the divorcing partner's circumstances, marital life span, and part history of input provided by each partner during the marital life.

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