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Divorce Lawyer in Lincoln, NE

Lincoln Divorce Lawyers Assist Clients with the Divorce Process

At GordenLaw, LLC, we understand that ending a marriage can be emotionally and financially difficult. We are here to reduce the burdens of the legal process. Located in Lincoln, our firm has provided legal representation in family matters in Nebraska with divorce and numerous other family law matters over the past decade. Our Nebraska divorce attorneys are skilled negotiators and litigators who apply 15 combined years of experience to pursuing successful resolutions for divorcing spouses. Whether you seek to fairly divide property and debts or modify a divorce decree, we strive to protect your interests and prepare you to move forward.

About the Divorce Process in Nebraska

For a couple to obtain a divorce in Nebraska on no-fault grounds, the marriage must be irretrievably broken and at least one spouse must have resided in the state for at least 12 months prior to beginning the action. We focus on facilitating the Nebraska divorce process and helping clients with issues related to:

  • Divorce — While generally the parties themselves are in the best position to understand and determine how to unwind their marriage partnership (often referred to as an uncontested divorce), at times, parties’ positions can be so different that compromise is not possible, and a Judge must make some or all of the decisions in a divorce case. When this occurs, GordenLaw’s attorneys advocate for their clients within the courtroom to help Courts have the information about the facts and the law in order to make those decisions. Our Divorce attorneys in Lincoln, NE invest in significant continuing legal education specifically directed towards litigation to be prepared for when this occurs for their clients.
  • Modification to divorce decree — Your lifestyle and financial circumstances may change significantly over time and affect your ability to pay child support, alimony or maintain other agreements. If necessary, we can request a post-judgment modification on your behalf and help you prepare the required documents for your case.

From filing the initial complaint to modifying an existing divorce decree, we will make it our task to provide guidance on the key aspects of your divorce and legal representation for your rights every step of the way.

Protect Your Property Rights and Financial Interests During Divorce

When divorcing spouses cannot agree on how to divide property, Nebraska courts will distribute marital property according to what they find to be fair and equitable. The property subject to division generally includes anything acquired during the marriage, with possible exceptions such as gifts and inheritances given to one spouse. In these determinations, judges weigh factors like each spouse’s respective earning capacity to decide what is equitable. Our legal professionals help clients pursue reasonable resolutions with respect to personal property, bank accounts, stocks, other assets and debts. You can count on us to help you preserve control over the property you are entitled to in Lincoln Nebraska.

Can A Divorce Lawyer Help Me In A 50/50 Divorce?

Fifty-fifty divorce refers to dividing marital property and debts equally between divorcing spouses. You may have heard about this type of divorce division, although the laws in Nebraska are a little different. Nebraska’s approach is based on equitable distribution of both assets and liabilities.

A Lincoln, NE, divorce lawyer can be a tremendous asset in this situation, as they can help ensure that your idea of an equitable division is the one that a judge agrees with. Nebraska family law judges adhere to the principle of equitable distribution, which means that marital property and debts are divided in a manner deemed fair and just. It’s essential to note that “fair and just” doesn’t necessarily mean equal or 50/50 in every case. Instead, a judge considers various factors to determine an equitable division of assets and liabilities based on the unique circumstances of each case.

What Do Nebraska Courts Consider When Dividing Marital Property?

A judge may look closely at your marital history, the income each of you brought to the marriage, debts each of you incurred, and the earning potential of each spouse when determining an equitable split. The judge may ask for documentation of some of the following:

  • Contributions to the Marriage: This isn’t just financial contributions, although a judge looks at each spouse’s acquisition, preservation, and appreciation of marital property. Contributions to the marriage also include non-financial contributions such as homemaking and child-rearing.
  • Duration of the Marriage: The length of the marriage is taken into account. Longer marriages often result in a more equal distribution of marital assets.
  • Economic Circumstances of Each Spouse: A judge evaluates your current income, earning potential, general employability, and financial needs.
  • Custodial Arrangements: If you have children, the court may take into account the custody and support arrangements when dividing marital property.

Divorce Infographic

The Judge May Ask For Documentation Infographic

Does A Judge Consider Fault When Dividing Marital Assets?

Nebraska is a no-fault divorce state, which means that a judge can grant a divorce without one spouse proving wrongdoing on the part of the other. However, any misconduct of one spouse, especially one in which marital assets are squandered (affairs, gambling, etc.), may influence the judge’s decision about an equitable distribution.

Based on the factors listed above and other details of your marriage, the court will determine an equitable division of marital property and debts. In some cases, this may result in an equal distribution, but it’s not guaranteed. The goal is to achieve a fair and reasonable division given the circumstances of the marriage and the needs of each spouse.

It’s also worth noting that certain types of property, such as inheritances and gifts received by one spouse, may be considered separate property and not subject to division in a divorce. However, if the separate property has been commingled with marital property or used for the benefit of the marriage, it may become subject to division.

Are You Facing Divorce? We Can Help.

Do you need help dividing assets in a divorce? Are you struggling with a fair compromise with your spouse? We can help you protect everything you’ve worked so hard for. As your Lincoln divorce lawyer, we’re committed to the best possible outcome in your situation. Call GordenLaw, LLC, today for a consultation.

Connect with a Lincoln divorce attorney for legal assistance

At GordenLaw, LLC, we are dedicated to helping divorcing spouses and serving other family law issues in Lancaster County and surrounding areas achieve fair outcomes for their money and children in preparation for their next stage of life. Call (402) 403-6600 or contact us online to speak with an experienced divorce attorney to schedule a strategy session at our Lincoln NE office.