Family Law
A divorce is referred to in this law as a "Dissolution of Marriage." That phrase accurately describes what happens legally to a lawfully created marriage; it is lawfully dissolved as to both financial and personal matters between husband and wife. A court of law dissolves the marriage and issues a Decree of Dissolution that is the legal document that signifies the termination of the marriage. The state of Nebraska is a no-fault state, which means that a finding of faulty or improper behavior by either party is not necessary to form a basis for dissolution. If the court finds that a marriage is "irretrievably broken" the marriage will likely be dissolved. Matters of property and custody will also be included in the final Decree of Dissolution and can either be determined by the court or the parties; Courts vastly prefer the latter. A divorce begins with the filing of a "Complaint for Dissolution of Marriage" by one of the parties. The next common procedural step is a "Motion for Temporary Allowances," which may establish temporary custody of any children of the marriage and establish temporary child support. A variety of strategic documents will be filed during the case, including documents seeking information from "the other side." The timing and content of such documents is extremely important and is different in each case. A divorce case concludes with either a minor procedural hearing to record a settlement agreement or a trial to resolve contested issues.
Modifications are the legal process by which an order or decree issued by a court in a domestic matter is modified or changed. Such modifications are usually driven by a requested change in child support, custody of children, alimony, or visitation. To grant a modification of an existing order or decree, a court must find that a "material change in "factual circumstances" has occurred since the time of the issuance of the original order or decree. Such a determination is driven by the circumstances of each modification and, as such, is very case-specific. The fact gathering documents used in a modification are of great significance and their use must be determined carefully or the information garnered may not be admissible in court. A modification proceeding begins with the filing of "Complaint for Modification." As with a divorce proceeding, various information-gathering documents will be generated. The action concludes with a hearing to record a settlement or a trial to resolve contested issues.
Custody in the contest of domestic law refers to legal and physical possession of minor children. As with most domestic cases, custody may be determined by the parties to a custody action or by the court. Parental fitness for custody is a very contested issue, due in no small part to the personal nature of the adversarial arguments and the fact that children and child support are the subject of the action. Courts strongly desire settlement in these matters and the role of attorneys in resolving such cases can not be overvalued. The use of expert witnesses is of particular importance in many custody actions and the procedural requirements of such use is complex. Indeed, the testimony provided by an expert can be decisive in many actions. Custody actions are commenced by either filing a "Complaint for Custody" or addressing custody as part of a divorce action or modification thereof. The action concludes with a recorded settlement hearing or a trial to resolve contested issues.
Visitation actions are commenced by a parent seeking to obtain visitation with a child. Such actions are significantly evidentiary in nature in that the establishment of parenthood is a large part of the proof necessary to obtain visitation with a child. In addition, the person seeking visitation should be prepared to provide child support to the custodial parent. Visitation actions are commenced with a "Complaint for Visitation" and concludes with a recorded settlement hearing or a trial to resolve contested issues.
Contact Hathaway Switzer LLC for a free consultation concerning these matters.