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Getting a divorce in Bellevue, Nebraska, is no easy step, but the divorce lawyers at Vacanti Shattuck Finocchiaro Attorneys are here to help you through the process.
No two divorces are the same, and none happen for the exact same reasons. If you know that the time is right to untie the knot, our experienced divorce lawyers will explain how to start the divorce process and the different paths it can take in Nebraska.
With several decades of combined family law experience in the greater Omaha area, the Nebraska divorce lawyers at Vacanti Shattuck Finocchiaro Attorneys are equipped to guide you through this critical and challenging step.
As long as at least one of you has lived in Nebraska for the last year (or since the marriage), you are able to file for divorce here. In Bellevue, this is done by petitioning the court for a divorce, which requires filing what is called a complaint. This document commences the divorce proceedings and asks the court to begin the process of dissolving the marriage.
It does not matter which spouse files the complaint; both will still have the same rights in the eyes of the court. However, it does matter that the complaint be properly prepared and filed, which is why seeking out an experienced divorce lawyer is essential.
Assuming your complaint was correctly filed and met the necessary conditions, a copy of the complaint must be served on the other spouse. Primarily, this can be accomplished through formal service via the Sheriff, otherwise, by way of a voluntary appearance.
A voluntary appearance is a form that allows the other spouse to voluntarily accept service of the complaint, which avoids the need to utilize the Sheriff. The signing of a voluntary appearance does not mean that the divorce will be easy or without conflict, though it is a good first step toward a cooperative divorce. If a voluntary appearance is not possible, or if the other spouse will not sign the same, a summons may be obtained directing the Sheriff to formally serve the complaint on your spouse.
Once service is completed, the other spouse will have 30 days to file an answer or other responsive pleading to address the specific allegations and requests included in the divorce complaint.
All divorces start with a complaint, but no two divorces follow the exact same path in Nebraska. That said, there are three main ways the process of divorce and separation can go in Bellevue, and our divorce attorneys can help you pick the one best suited to your situation and guide you through it.
If you want a divorce, chances are you want it to be straightforward, simple, and over with as soon as possible. This means pushing for an uncontested divorce. Under such a divorce, you and your soon-to-be-ex spouse will have to come to an agreement on all the different aspects of the divorce instead of fighting over them in court.
These aspects include:
All issues presented in the divorce proceedings will have to be agreed to, and the agreements will need to be formalized into a Decree of Dissolution of Marriage. The Decree will then be reviewed by an attorney for each side, signed, and presented to the Sarpy County District Court Judge for final approval. Assuming the Decree and final settlement documents meet the requisite legal requirements, the divorce will be approved according to the agreement and finalized by the court without the need for either party to ever appear in court.
Such agreements are not always easy to reach, however, as one or more issues might be particularly disagreeable or emotional, or one issue could prove difficult to compromise on (especially when it comes to children). If mediation and/or negotiations do not result in an agreement, you will have to proceed with a contested divorce through litigation.
When negotiations break down, or neither party can nor wants to try reaching a cooperative agreement, there will be no choice but to proceed with a contested divorce. This will require unresolved issues to be litigated for determination by the Judge These often tend to be the slowest and most expensive forms of divorce for Bellevue couples, as they require months or sometimes even years of courtroom battle and litigation to work out.
Contested issues that must be litigated in court require a great deal of preparation to get ready to defend your position, interests, rights, and claims. Not to mention there may be months of petitioning the other side for financial records, depositions, and eventually even bringing in witnesses and experts at the time of final trial.
In addition, the final orders and resolution of the contested issues will not be up to you or your spouse. The final orders and rulings will be decided by the District Court Judge assigned to the case, who is the trier of fact on all issues in the divorce proceedings. This means you have to surrender some or all control over the outcome of the divorce. In many situations, for a number of different reasons, reaching an agreement on the issues presented in the divorce proceedings is simply not possible. When you have no choice but to take your spouse to court to end the marriage, you will need skilled and experienced lawyers to guide you through the process.
If the conditions for a divorce are not met, which is most commonly because neither of you meets the residency requirement for filing a divorce complaint in Nebraska, you can opt for a legal separation. This is similar to a divorce, in that you will still need to deal with custody and parenting time, the division of your assets and debts, child support, and spousal support.
With that said, it is not (quite) a divorce. The marriage is not dissolved, so you remain (technically) married. It can be a precursor for divorce, and filing for separation can turn into a divorce once the residency requirements are met. Just as couples who are not quite ready to end the marriage can use separation as a legal intermediary. It can also allow one spouse to stay on the other’s health insurance, which is a significant economic advantage for some families.
Vacanti Shattuck Finocchiaro Attorneys | Highly experienced and recognized father’s rights and family law lawyers ready to handle your divorce.
Recognized as some of Nebraska’s leading family law lawyers, Vacanti Shattuck Finocchiaro Attorneys have been fighting for fair divorces and the rights of parents and the interests of children in Omaha and surrounding areas of the state, including Bellevue, for decades.
If you are contemplating filing for divorce or have been served with a divorce complaint, you can call our firm at (402) 235-6070 or reach out online to arrange a consultation with one of our respected divorce lawyers today.
Together, we will get you through the divorce and ensure your rights and interests are respected throughout the process.
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