Nebraska Divorce Tips
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Nebraska is a state in the Midwestern part of the United States. Like other states in the nation, Nebraska also faces problems of divorces. It is not easy to deal with a divorce case, even when you hire the best lawyer of your state. Legal proceedings do prove stressful for couples. What you need during this time is confidence and mental readiness. We have prepared a list of Montana divorce tips that will help you in your bad times. With these tips in mind, fight the adversities logically and not emotionally.
Some fundamental Nebraska Divorce Tips
- Nebraska is a no-fault state that accepts a divorce if the marriage is irretrievably broken and there is no possible reconciliation between the two partners. However, the Plaintiff must state the needed relief like child custody, child support and property. This complaint must include the name of the child whose custody or welfare is likely to get affected by the divorce.
- Nebraska divorce law states that any of the partners must be a resident of the state for at least a period of 12 months or 1 year before filing for the case. Again if the marriage is performed in Montana or if both the parties have been living in the state from the time of the marriage till the time of filing of the case, they can apply for the case.
- Nebraska Divorce tips cover issues like premarital agreement. If a premarital agreement is drafted, then, it is effective only after marriage. Such a premarital agreement cannot be enforced, if the below mentioned points are proved by the party against whom enforcement is sought:
- The premarital agreement was not executed voluntarily, or
- When the agreement was executed it was unconscionable and prior to execution of the agreement, the following occurred:
- The party did not have or reasonably could not have had sufficient information of the financial obligations or property of the other party
- The party did not voluntarily and expressly waive in written form, any right to disclosure of the financial obligations or property apart from the provided disclosure
- The party was not offered a reasonable and fair disclosure of the financial obligations and property of the other party.
- When any action for separate maintenance or annulment of marriage or divorce is filed and there is a minor child of the divorcing partners or of either of them, the court might conclude that the welfare of this child might be affected by this action. Moreover, if the court feels that there is the slightest chance for reconciliation, the court might transfer the case to the reconciliation court.
- Irrespective of the determination of the court pertaining to child custody:
- Every parent is given equal and full access to the medical and education records of the child, except when the court has issued contrary orders.
- While the child is in physical custody of a particular parent, such a parent might take emergency decisions that impact the safety and/or health of the child.
- Consider all the cases which satisfy both the below-mentioned conditions:
- A request for name restoration was not granted or included
- The Declaration of annulment or a Decree of dissolution was entered prior to 25th August 1989
In all these cases, the Respondent or the Petitioner is not prevented from impacting a common-law name alteration.
- In some cases, the court detects that the following two conditions have been fulfilled:
- A party has in good faith entered into the contract of marriage.
- This party has regarded the other party capable of contracting.
Such a marriage might be declared as a nullity. The court considers the party described above as an innocent party and might, in case of dissolution of marriage, compensate this innocent party an award for lawyer fees and costs.
- When the validity of a marriage is in doubt, any partner can file a complaint in this regard. The court shall verify the evidences in this matter and decree this marriage has affirmed or annulled. Similar to the case of Complaint for Dissolution of marriage, a notice shall be given to the other partner.
- The duty of an obligor to disburse child support ends when the following conditions come across:
- The child is emancipated by a court of competent jurisdiction
- The child dies
- The child marries
- The child completes 19 years of age
After fulfillment of all the above 4 conditions, the court has the right to extend child support for any specified period.
A close understanding of Nebraska divorce tips as mentioned above, will clear many confusions and build up your confidence to fight for your cause. Utilize these tips and the valuable support of your lawyer; so that your case becomes less-complicated.