Family Law Attorney

Family is a pillar of our society. When your family is in the middle of a legal crisis, the combination of emotions and legal tasks can be overwhelming if you are unfamiliar with the legal system. Let attorneys at Li Law Group help answer your questions about how your decisions may impact your future and the future of your family.

 

Should I Get A Lawyer?

 

Dissolution of Marriage is a legal term for divorce. In Nebraska, a divorce proceeding must be done by the local district court. An attorney’s representation is not required. But it is recommended when there are issues in dispute, such as custody of the minor children, spousal support, division of assets, debts, real estate property, etc. Divorce can be very stressful and emotional.  Your lawyer’s role really depends on what your goals are. Generally, lawyers in a divorce may advise as to your rights, the big picture, legal strategy to accomplish your goals, resources for treatments & experts, risks and benefits to settle the case. Lawyers may also prepare the legal filings, represent you in court, conduct discovery and obtain information from the other parties and institutions, etc.

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What Grounds Do I Need For A Divorce?
 

Nebraska is a no-fault divorce state. The statute does not require either the spouses to prove any party is at fault. Thus, bad mouthing the other party is not necessary to obtain a divorce. All you need to prove is that the marriage between the spouses has been irretrievably broken. A marriage is irretrievably broken when one of the spouses tried to resolve the problems in the marriage but there was no success and any future efforts would be futile. Judges typically do not second guess the spouse’s efforts on trying to resolving the problem or reconciliation. Thus, you do not your spouse’s permission or consent to get a divorce.

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Physical Abuse, Emotional Abuse, and Financial Abuse.
 

When there is domestic abuse, you need to contact the police and seek for help immediately. Physical abuse is more apparent than emotional abuse and financial abuse. When it happens, you should contact the Police, tell a friend, relative or anyone you trust.  You can request a protective order or a restraining order on the abuser. When it comes emotional abuse, it generally involves verbal abuse. There is often a pattern and a history of the abuser criticizing, belittling, and threating the victim spouse. Emotional abuse is hard to detect because often times the victims are so afraid to speak up or tell a friend. It can cause mental anguish, emotional traumas, and severe long-time impacts on the victim spouse. Financial abuse happens when one spouse uses finance to control the other spouse. You can use show the patter and history of abuse to the judge and ask for reliefs. There are also resources available to assist victims in domestic abuse. Women Center For Advancement in Omaha, Voices of Hope in Lincoln, Legal Aid of Nebraska.
 

I Want To Keep My Children.
 

When it comes to determine who gets to keep the minor children (legal custody), you or your lawyer need to convince the judge that it is in the children’s best interest to stay with you. See more information on custody in this article. We often hear parents say that they were told that they could not keep the children because they did not have a job or they did not make enough income. The parent’s income level is not a determining factor in deciding which parent should have the legal custody of the children. Child support is a solution to that. If the low-income parent has the legal custody of the children, the high-income parent will need to pay child support to the low-income parent.
 

How Long Do I Have To Wait?
 

It really depends. If it is a not contested divorce, you have to wait for about 60 days. After the initial court filing, the law requires the spouses to wait for a 60-day cool down period. The intent of this requirement is to make efforts for the parties to calm down and reconcile while they wait for 60 days. If it is a contested divorce, it really depends on how many issues at hand and how busy the judge is. After the divorce decree has been signed by the judge, you have to wait for 6-month before you get married again anywhere on the earth.

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