Nobody gets married expecting one day to end up divorced. Divorce can be a traumatic experience, especially if you were the one who was served papers. Marriage takes a great deal of commitment, trust, and respect to work. Without these traits, divorce may be inevitable. You might begin preparing for the worst-case scenario, which would be a contested divorce. Take the right precautions to protect yourself with the help of a Lincoln divorce lawyer.

The Pains of a Contested Divorce

It can be difficult to fully accept that your marriage has reached its end. Having to admit that you are in need of a divorce can be tough to come to terms with. No two divorces are the same, and everyone pursues them for their own personal reasons. Don’t let anyone tell you your reasons are stupid or pointless. If you believe your marriage needs to end to preserve your own peace of mind, that’s enough. The last thing you want is to end up fighting a contested divorce.

You might be able to anticipate whether you are headed for a contested divorce, as such resentment from your spouse will not just appear from nowhere. Your divorce may be the result of years of resentment, anger, pain, confusion, and betrayal within your marriage that have never been properly addressed.

When your spouse is served with divorce papers, they may feel intensely betrayed or angry that they didn’t file first. They may seek to make the process as difficult as possible simply to drain your finances or retaliate against you.

In a contested divorce, a compromise of any kind is often impossible. Contested divorces can be expensive and take considerably more time than uncontested divorces. It will largely be up to the court to make decisions about asset division, child custody, spousal support, parenting plans, and more. The personal reasons for which you filed are going to be included in a court record. You should hire a confident, experienced divorce lawyer to avoid complications.

According to data gathered by the CDC, Nebraska has a comparatively low divorce rate for the U.S. The divorce rate in Nebraska as of 2022 was around 2.6 per 1,000 residents, significantly lower than the national rate. Still, that doesn’t mean divorce is rare in Nebraska, and when it happens to you, you should be prepared for it. If you are having trouble dealing with the emotions of your divorce, you should contact a Lincoln divorce support group like DivorceCare.

Getting Divorced in Nebraska

The process of filing for divorce in Nebraska is similar whether your divorce is contested or uncontested. The differences come from your spouse’s willingness to compromise and how many issues you need the court to resolve for you. Either way, the process begins with filing the right paperwork in the right county. You should consider hiring a divorce lawyer to help you through the process. Here are some of the steps involved in the Nebraska divorce process:

  • Filing: If you want a divorce, you must first file a Complaint for Dissolution with the district court in the county where either you or your spouse resides. You will have to pay a filing fee. Additionally, at least one spouse must have lived in Nebraska for at least a year before filing for divorce. There may be exceptions for couples who were married in Nebraska for less than a year and have lived there since the marriage started.
  • Serving: Once the paperwork has been properly filed, your spouse will be served with the divorce papers. If your spouse can’t be located, they may be served via publication. Your spouse will have a set amount of time to respond to the petition and raise their own claims. From there, both spouses’ lawyers will initiate negotiations.
  • Discovery: If your divorce is contested, lawyers for both parties gather information about the divorce that could influence the court’s decision regarding asset division, custody, and more.
  • Trial: If a settlement cannot be reached outside of court, the case will go to trial, and a judge will make a decision based on the evidence presented.

FAQs

Q: Are There Positive Aspects to a Contested Divorce?

A: While a contested divorce is largely viewed as the worst possible scenario your divorce can go through, it’s not without some positive aspects. One of the biggest positives is having an experienced lawyer by your side the entire time who can offer advice and take control of your case. Having the right lawyer involved can make quite a difference. If your divorce was uncontested, you may not have even considered hiring a lawyer at all.

Q: What Are Some of the Negative Aspects of a Contested Divorce?

A: A contested divorce has many negative aspects to it, as this is not an ideal divorce route. A divorce is contested when there is increasing animosity between both parties, which makes it impossible for them to reach an agreement. Contested divorces are often expensive, time-consuming, unpredictable, and emotionally draining. Your spouse may be totally unwilling to consider a compromise of any kind and may drag out the divorce just to hurt you.

Q: How Long Will a Contested Divorce Take to Finalize?

A: There is no way to tell how long a contested divorce is going to take to finalize. However, it will likely take much longer than an uncontested divorce would, due to the amount of work required of the participating lawyers and the amount of conflict involved. Every divorce case has its own unique factors that contribute to the timeline, including the amount of assets being divided, any child custody agreements, and your spouse’s willingness to consider a compromise.

Q: Do I Really Need a Lawyer for My Divorce?

A: If your divorce is contested, it is highly recommended that you retain the services of an experienced divorce lawyer. In a contested divorce, you may not be able to anticipate what’s coming. It may be the right move to simply put your case in the hands of an experienced lawyer who understands what to expect and can provide you with viable solutions. All legal battles could benefit from the guidance and experience of a qualified lawyer.

Contact Us Today

At Stange Law Firm, we can help you come out ahead in your divorce. Contact us to speak to a valued team member about your case.