Best Family Lawyers in Nebraska

About Family Law in Nebraska, United States

Family law in Nebraska covers a wide range of legal matters involving relationships between spouses, parents, children, and other family members. The Nebraska family court system addresses issues such as divorce, child custody, child support, adoption, guardianship, paternity, domestic violence, and property division. Family law is intended to protect the rights and interests of all parties, especially children, and to provide fair and just solutions when disputes arise within families.

Why You May Need a Lawyer

There are several situations in which seeking the advice or representation of a family law attorney in Nebraska can be very important. These include:

• Filing for divorce or legal separation
• Disputes over child custody, parenting time, or child support
• Negotiating property and asset division during a divorce
• Seeking guardianship or adoption of a minor
• Establishing or contesting paternity
• Obtaining or modifying spousal support (alimony)
• Seeking protection from domestic violence or abuse
• Handling grandparents' rights or visitation issues
• Responding to Child Protective Services inquiries

Family law matters often have long-term effects on your finances, parental rights, and living arrangements. An attorney can ensure your interests are protected and help you navigate the legal system.

Local Laws Overview

Nebraska family law is shaped by both state statutes and court rules. Some features of Nebraska law that are relevant to family matters include:

• No-fault divorce - Nebraska allows no-fault divorce, meaning you do not need to prove wrongdoing to get divorced. The most common ground cited is an "irretrievable breakdown" of the marriage.
• Equitable distribution - When dividing property in a divorce, Nebraska courts use the principle of equitable distribution. This means assets are divided fairly, though not always equally.
• Parenting Plans - In child custody cases, Nebraska requires parents to submit parenting plans outlining custody arrangements, visitation, and decision-making responsibilities.
• Child Support Guidelines - Child support is determined based on Nebraska’s statutory guidelines, which consider both parents’ incomes and certain deductions.
• Best Interests of the Child - Custody and visitation decisions are made based on what the court considers to be the best interests of the child, with a focus on their wellbeing and stability.
• Paternity Establishment - Legal paternity can be established voluntarily, by court order, or through administrative processes if there is a dispute.
• Domestic Violence Protections - Nebraska courts can issue protection orders to victims of abuse, including immediate safety measures for victims and their children.

Frequently Asked Questions

How long does it take to get a divorce in Nebraska?

Nebraska law requires a minimum 60-day waiting period after the divorce petition is served before a divorce can be finalized. The actual time varies based on the case’s complexity and whether there are disputes about property, custody, or support.

Do I have to be separated to file for divorce?

No official legal separation is required before filing for divorce in Nebraska. However, one party must have lived in Nebraska for at least one year before filing, except in certain military cases.

How is child custody decided?

Custody is determined based on the best interests of the child. The court will look at factors such as the child's relationship with each parent, each parent’s ability to provide for the child, and the child’s needs. Joint custody is possible if both parents agree or if the court finds it’s best for the child.

What is the process for adopting a child in Nebraska?

Adoption generally involves filing a petition, undergoing a background check and home study, and attending court hearings. The process varies depending on whether it is a private, agency, or stepparent adoption.

Can I modify child support or custody orders?

Yes, modifications can be requested if there is a significant change in circumstances, such as a change in income or relocation. The court reviews the request to determine if the modification is justified.

What are the grounds for terminating parental rights?

Parental rights may be terminated if the parent is found unfit due to abuse, neglect, or abandonment, or if it is in the best interests of the child. Courts take termination proceedings very seriously.

What should I do if I am a victim of domestic violence?

If you are in immediate danger, call 911. You can apply for a protection order at your local courthouse, which may prohibit the abuser from contacting or being near you and your children.

How is property divided in a divorce?

Nebraska courts use equitable distribution. This means the court divides marital property fairly based on factors like the length of the marriage, contributions of each spouse, and the economic circumstances of each party.

Do grandparents have visitation rights?

Nebraska law allows grandparents to seek visitation rights in certain situations, especially if it serves the best interests of the child, but it is not automatically granted.

How do I establish paternity?

Paternity can be established voluntarily by both parents signing an acknowledgment at the hospital or later, or by order of the court if paternity is contested.

Additional Resources

Here are some key resources and organizations in Nebraska that provide information and assistance related to family law:

• Nebraska Judicial Branch - Provides official court forms and procedural guides for family law matters
• Nebraska State Bar Association - Offers lawyer referral services and legal resources
• Legal Aid of Nebraska - Provides free or low-cost representation for qualifying individuals
• Nebraska Department of Health and Human Services - Handles child support enforcement and paternity issues
• Nebraska Coalition to End Sexual and Domestic Violence - Offers support and resources for victims of family violence
• Local courthouses and mediation centers - Assist with filing paperwork and resolving disputes through mediation

Next Steps

If you need legal assistance with a family law matter in Nebraska, consider the following steps:

• Write down the details of your case, including important dates, documents, and any questions or concerns you have
• Contact a family law attorney for an initial consultation to discuss your rights and options
• Visit your local courthouse or Nebraska Judicial Branch website to access court forms and self-help materials
• If facing financial hardship, contact Legal Aid of Nebraska or legal clinics for possible free or reduced-cost representation
• Act quickly, especially in cases involving domestic violence or child safety, to ensure protection and access to remedies

Family law matters can be complex and emotionally challenging. Getting informed and having an experienced legal advocate can make a significant difference in the outcome of your case.