The choice to get a divorce is not easy, but for many couples, it’s the right call for their relationship. Though many people are aware of what a divorce is, few understand the scope of legal requirements throughout the proceedings. While it’s possible to file for a divorce without legal counsel, it tends to make the process go more slowly and be more stressful. In some cases, it can end up being more expensive to work without an attorney.
When you are dealing with the emotional difficulties of getting a divorce, it can be hard to effectively handle the legal deadlines, filing requirements, and negotiations of a separation agreement on top of this. While this is likely the first time you are learning about the divorce procedure, a divorce and family law attorney has worked for years with numerous couples. When you find an experienced divorce attorney, they can help you take care of your separation more effectively and avoid common mistakes or delays. There are several benefits to working with a qualified attorney.
Legal Deadlines and Requirements
A divorce comes with significant amounts of paperwork, court deadlines, and documentation requirements. This can all be complex for anyone, even when they are not also dealing with the stress and emotions of a divorce. A divorce attorney has handled these deadlines and paperwork requirements before and can take care of it for you. If you were to not meet these deadlines, it could make the process of divorce take longer, incur legal fees, and could even harm your position in the divorce case. An attorney prevents this and makes your case move quickly and remain strong while you focus on other parts of your life.
Objective Legal Advice
A divorce is frequently an emotional time for spouses and their families. Approaching aspects of a divorce may require a less emotional approach, and an attorney will be able to provide that viewpoint. An attorney can provide you with objective advice about logical solutions in a divorce because they are less emotionally involved than other parties.
Unique Divorce Cases
Every divorce has its own unique challenges. A divorce attorney has dealt with a number of unique and complex divorces and will be able to provide you with advice based on their years of experience. Divorces with children have different challenges than those without. Divorces like high-net-worth-divorces require additional financial professionals and other considerations. You may begin your divorce as an uncontested divorce but must transition to a contested divorce. You need a legal professional who has experience with these situations and knows how state law impacts your circumstances.
You and your spouse may be working out a separation agreement through mediation or collaborative divorce, or you may be in court advocating for your wishes to a judge. Either way, an attorney can improve your negotiating power and more effectively advocate for your needs. The outcome of a divorce can have a significant effect on the rest of your life, from alimony awards to child custody arrangements. Even when you and your spouse are working together on a separation agreement, legal representation can ensure you have a fair say in the terms.
Lowering Stress During and After Divorce
When you hire an attorney to handle things, you can feel more confident that things are handled well throughout the divorce case and after. Your attorney will have experience with the impact of legal decisions and will always work with your interests in mind. An attorney understands how much a divorce can change your family and works to help you and your family work to a new and better life.
Q: What Are the Advantages and Disadvantages of Using an Attorney When Divorcing?
A: An attorney can protect your rights in a divorce by ensuring that a separation agreement is fair and doesn’t harm either party. They can also help draft and review the agreement to be sure it covers the necessary orders of divorce and your specific situation. In a contested divorce, your attorney can represent you during litigation and skillfully advocate for your wishes in divorce. However, attorneys can be expensive. The more experience an attorney has, the higher their fees are likely to be. A more experienced attorney may be able to resolve your divorce faster, which could cost less in addition to being less time-consuming.
Q: Is Nebraska a 50-50 Divorce State?
A: No, Nebraska is not a 50-50 divorce state for property division. It is an equitable distribution state. When property is divided between spouses by the court, the court will review the spouses’ marriage to determine an equitable split of assets. This split could be 50-50, but it does not have to be. The court looks at factors such as the length of the couple’s marriage, the contributions of each spouse to marital assets, including care of the home, and the income and financial standing of each spouse.
Q: Is Nebraska a No-Fault State in Divorce?
A: Yes, Nebraska is a no-fault divorce state. This means that a spouse filing for divorce does not have to cite a reason for the divorce and actually can’t blame a spouse for their actions causing divorce. Instead, the divorce is filed on the basis of the marriage being irretrievably broken. If a spouse committed actions like adultery, domestic violence, or other marital misconduct, it may affect other aspects of a divorce, but it will not affect how it is filed.
Q: How Long Does It Take to Finalize a Divorce in Nebraska?
A: Nebraska has two waiting periods. After a divorce is filed, the court will not hear or try the case for 60 days. Once the divorce decree has been entered into the court, either through mediation or litigation, it will become finalized in 30 days. So, the minimum amount of time a divorce in Nebraska will take is 90 days. However, many things can complicate a divorce and make it take longer, such as complex or high-value assets, child custody determinations, or legal errors. For the purposes of remarriage, the divorce is only completely finalized after over six months have passed from the day the decree was entered into the court.
Providing Lincoln, NE Families With Exceptional Legal Counsel
At Stange Law Firm, we want to help you through your divorce so you can move on to the rest of your life. Contact our team today.