We understand that you may have many questions and concerns. Set forth below is a variety of topics that may be of interest to you, including links to valuable resources. We hope you find this section useful, and we welcome your suggestions and feedback. Please do not use this information (or any other information on our website) as legal advice. Please consult with an attorney before you make any decisions regarding the topics outlined below.
Alimony:
There is no formula for alimony in the State of Nebraska. Nebraska law currently provides as follows with respect to alimony:
§ 42-365. Decree; alimony; division of property; criteria; modification; revocation; termination.
When dissolution of a marriage is decreed, the court may order payment of such alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Reasonable security for payment may be required by the court.
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While the criteria for reaching a reasonable division of property and a reasonable award of alimony may overlap, the two serve different purposes and are to be considered separately. The purpose of a property division is to distribute the marital assets equitably between the parties. The purpose of alimony is to provide for the continued maintenance or support of one party by the other when the relative economic circumstances and the other criteria enumerated in this section make it appropriate.
Alimony is one of the most controversial areas of divorce. One overly simplified way to look at the issue of alimony is to consider whether a spouse stayed at home or worked part-time in order to raise children or support the other spouse’s career. If that is the case, one should consider the length of the marriage and the duration of time it might take for the lower‑earning spouse to productively and fully reenter the labor market. Next, one should consider the lower‑earning spouse’s net income (plus child support) and subtract his/her monthly expenses. This shortfall, if any, is often considered by judges, but is not the only factor in an alimony case.
As noted elsewhere on this website, John Kinney is a member of the American Academy of Matrimonial Lawyers. This organization is devoted to improving professional standards of practice in the area of divorce/matrimonial law. The AAML created Alimony Guideline Tables in 2007; however, these tables are not used by Nebraska courts and you should view it simply as information that might assist in your analysis of alimony issues. Click here to access the link.
Child Support:
The Nebraska Child Support Guidelines are now found at the website managed by the Nebraska Supreme Court. The link is:
www.supremecourt.ne.gov/rules/pdf/Ch4Art2.pdf
Collaborative Law:
Collaborative law is a method of conflict resolution using two experienced attorneys who agree to advocate on behalf of their clients in a series of “four-way” meetings with counsel and divorcing parties. The parties agree not to resort to litigation, and instead proceed with settlement negotiations until they reach a final resolution. The link for the collaborative law practice group currently operating in Nebraska is found here.
Custody:
Custody issues are complex and require considerable consultation before an attorney can provide specific guidance. Nebraska statutes, until recently, provided a number of different elements for a court to consider when making a custody decision. The recent passage of LB 1014 (in 2008) obliterated the statutory custody factors. Nebraska law now states that "custody shall be determined on the basis of the best interests of the child, as defined in the Parenting Act." The statutory guidance now suggests that trial courts create custody orders that best allow each parent to have a meaningful relationship with their child or children. If a court is required to make a decision in a fully litigated custody case, case law (prior cases) may still be helpful. Some very brief summaries of those cases are set forth herein.
Generally, courts can consider the following: the moral fitness of the parents, including their sexual conduct; the respective environments each offers; the emotional relationship between the child and the parents; the age, sex, and health of the child and parents; the effect on the child as the result of continuing or disrupting an existing relationship; the attitude and stability of each parent’s character; and the capacity of each parent to provide physical care and to satisfy the needs of the child.McDougall v. McDougall, 236 Neb. 873, 877, 464 N.W.2d 189 (1991).
In addition, the Nebraska Supreme Court has also considered:
(1) The definiteness of a proposed child care plan. Christensen v. Christensen, 191 Neb. 355, 215 N.W.2d 111 (1974).
(2) Which parent is the primary caretaker. Applegate v. Applegate, 236 Neb. 418, 461 N.W.2d 419 (1990).
(3) The amount of time spent with baby-sitters. Ritter v. Ritter, 234 Neb. 203, 450 N.W.2d 204 (1990).
(4) Which parent can devote the most time to the child. Ritter v. Ritter, supra.
(5) Which parent shows the most concern for the child’s education. Trimble v. Trimble, 218 Neb. 188, 352 N.W.2d 599 (1984).
(6) The closeness of the relationship between the parent and child. Brooke v. Brooke, 234 Neb. 968, 453 N.W.2d 438 (1990).
(7) The emotional impact on the child. Sikes v. Sikes, 205 Neb. 441, 288 N.W.2d 43 (1980).
(8) Frustration of the non-custodial parent’s visitation. Clark v. Clark, 228 Neb. 440, 422 N.W.2d 793 (1988).
John Kinney’s article on joint custody issues can be found on this website in the Articles section.
Domestic Abuse:
If you are the victim of domestic abuse and you have questions you should contact the Domestic Violence Coordinating Council (“DVCC”). Obviously, if you are in an emergency situation you should call law enforcement immediately. The link for the DVCC is: www.dvccomaha.org
Mediation:
Mediation is a method of dispute resolution used to manage many types of conflict. Mediators are “neutrals” who seek to guide disputing parties to their own resolution and settlement of difficult issues. A mediator cannot make decisions for you, has no authority to act as a judge or arbitrator, and simply guides parties to their own conclusion. Mediation does not always work, but it can be an effective and graceful method of divorce. At this time, mediation is mainly used in Douglas County to create parenting plans for divorcing parties with children. However, a private mediator can be engaged to assist in the resolution of all issues, including financial issues. John Kinney is a licensed and trained family law mediator, although his main practice is in the litigation arena.
Parenting Classes:
Fortunately, in Nebraska, we have access to one of the nation’s best organizations for helping children: Boys Town. If someone is questioning your parenting skills or you feel that your divorce is going to require better parenting on your part, we suggest you take a parenting class on your own. The classes last six or seven weeks, and you will be required to attend for two hours each week. These classes would be separate from any classes that might be required by the court or by statute. Click here to access the "Common Sense Parenting" link.
Parenting Plans/Conciliation Court (Douglas County): In Douglas County, Nebraska you will need to attend a parenting class and attempt mediation if you have children. The link for Douglas County Conciliation and Mediation Services is found here.
Property Division:
This subject is too complex to attempt to summarize here. However, John Kinney has written an article on the subject that, although written several years ago, continues to provide broad guidance. The article can be found in the Articles section of this website.
