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Browse our 1 legal question about Divorce & Separation in United States and the lawyer answers, or ask your own questions for free.
The laws regarding divorce and separation in Lincoln, the United States fall under the jurisdiction of Nebraska state. Divorce, also referred to as dissolution of marriage, involves legally terminating a marriage, while separation, although often leading to divorce, does not legally end the marriage. In Lincoln, either spouse can initiate a divorce process, and the court may grant divorce on various grounds, most commonly "irretrievably broken" marriages.
Navigating the complex divorce and separation procedures in Lincoln can be a significant challenge without professional legal guidance. Lawyers play an instrumental role in offering advice, interpreting laws and acting as advocates during court proceedings. If your divorce involves complicated issues such as child custody, property division, or spousal support, hiring a lawyer can protect your interests and ensure a fair process.
In Lincoln, the spouse seeking divorce must have lived in Nebraska for at least one year. If the union is conclusively deemed "irretrievably broken", a divorce decree can be issued. Nebraska courts generally divide marital property equitably but not necessarily equally. For child custody, the court considers the child’s best interest. Various factors, such as relationships with parents, child's wishes and each parent's ability, are taken into account.
A legal separation doesn't terminate the marital status, unlike a divorce. Though the couples live separately, they remain legally married and cannot remarry. It can be the first step towards a divorce.
The court considers factors focusing on the best interests of the child, such as each parent's ability to provide for the child's needs, the child's relationship with each parent, and the child's wishes.
Nebraska follows the "equitable distribution" model, which means property is divided in an "equitable" or fair manner, depending on multiple factors like each spouse's contribution to acquiring the property and economic circumstances of each spouse.
No, Nebraska is a no-fault state, so you don't need to prove wrongdoing by the other party. You need to demonstrate that the marriage is "irretrievably broken".
While the exact time can vary based on the complexity of issues, Nebraska imposes a 60-day waiting period from the time the divorce papers are served until the divorce may be granted.
You may refer to the official Nebraska Judicial Branch website and Nebraska Legal Aid for more details and support. Organizations such as the Nebraska State Bar Association offer referrals to experienced divorce lawyers.
If you believe you need legal help with divorce or separation in Lincoln, begin by seeking professional legal advice. Conduct thorough research, seek referrals and meet potential attorneys to discuss your situation. Once you have a lawyer, they will guide you through the process of filing your case and represent your interests in court.
