Most people are familiar with the concept of divorce as the formal means of ending a marriage. However, many are unaware of the full scope of legal matters a divorce case entails until they begin their proceedings. As a result, it’s common for divorcing spouses to feel blindsided by the number of procedural issues they must address and the strict rules they must follow to complete their divorces.
While it’s technically possible to resolve a divorce without legal counsel, attempting to do so is unwise for several reasons. First, the average person with little to no formal legal experience is likely to make many mistakes in their effort to handle their case on their own. Second, even if they reach a conclusion on their own, they are unlikely to secure as favorable terms as an experienced divorce attorney could help them secure. Further, the emotional stress of divorce can be powerful, compelling some divorcing spouses to make rash decisions that ultimately backfire.
To avoid these and many other risks in your impending divorce, it’s best to consult an Omaha, NE, divorce attorney you can trust to manage your case. When you have an experienced legal team handling your divorce proceedings, you will not need to worry about missed court filing deadlines or other procedural snags that might delay the progress of your case. In addition, when you have multiple options for resolving your divorce, your attorney will help you evaluate them and choose what works best for you. Ultimately, there are several important benefits that come with hiring legal counsel you can trust in an Omaha, NE, divorce.
Benefits of Legal Representation in the Early Stages of Divorce
Every marriage is different, but every divorce must meet a few procedural requirements to proceed properly through the Omaha, NE, family court system. If you and your soon-to-be ex-spouse can do so, a few preliminary discussions before filing a divorce petition can help you identify the most contentious issues you will need to resolve in your divorce.
Nebraska state law does not require a married spouse to cite fault or specific wrongdoing for them to be eligible to file for divorce. As a no-fault state for divorce, Nebraska processes most divorces under the reason of “irreconcilable differences.” This term indicates that a marriage is irreparably broken and that further attempts to reconcile would be fruitless and/or not in the family’s best interests. Therefore, a divorcing spouse does not need to cite a fault or reason for their petition, and there is no advantage to being the first to file for divorce. Once the court receives a divorce petition, the other spouse is formally notified, and the case can proceed in many different ways from this point.
The early stages of a divorce may seem straightforward, but it is best to have legal counsel you can trust as you navigate the case. Any mistakes in your initial divorce petition or your first few interactions with the Omaha family court can significantly affect your proceedings. You could also end up with an unfavorable divorce order due to a lack of necessary guidance.
How Your Attorney Can Help Resolve Your Divorce
Nebraska has two main methods of resolving a divorce: litigation and alternative dispute resolution. When most people imagine divorce, they think of litigation: The parties involved in the case appear in court before a judge, present their respective cases, and the judge delivers a ruling. While the litigation process for a divorce is similar to that of any other civil case, it is still time-consuming and stressful. Alternative dispute resolution can allow you and your spouse to avoid the stress and expense of litigation, and there are other benefits to this path.
When a couple litigates their divorce in Nebraska, the case unfolds under the supervision of a family court judge. This judge is responsible for evaluating all relevant evidence and testimony to deliver a fair ruling. It’s important to remember that while this may seem like the fairest possible way to resolve a contested divorce, the decision is entirely in the hands of the judge, and there is no guarantee that they will see things your way.
An experienced Omaha, NE, divorce attorney can help their client determine whether alternative dispute resolution would be best for the divorce. Remember that this is possible even in an emotionally charged divorce; as long as both spouses are willing to negotiate, they can take advantage of alternative dispute resolution to some extent. A good attorney can help their client navigate alternative dispute resolution proceedings as far as they can go. Once the client has exhausted their options for privately settling their divorce, any outstanding issues must be resolved in litigation. Your attorney will provide invaluable support and guidance until you reach a conclusion to your case.
Potential Legal Issues After Divorce
Reliable legal counsel is an invaluable asset during any divorce case, but your lawyer can provide further legal assistance should issues arise following your divorce concerning the terms of the divorce order. For example, the family court of Nebraska enables anyone beholden to a family court order to petition for reasonable changes to the order if recent life events affect its terms. For example, if you are compelled to pay child support but suffer a catastrophic injury that will prevent you from working, you could petition for an adjustment to your support obligation to reflect this change in circumstances. You could not, however, simply quit your job and claim you can’t afford to pay child support anymore.
It’s also possible for a divorced spouse to intentionally violate a family court order. Nonpayment of child support and/or alimony, failure to respect a custody order, parental kidnapping, and other offenses can easily generate complex proceedings. An Omaha, NE, divorce attorney familiar with your original case can potentially provide ongoing support after the finalization of the divorce.
It is always best to have legal representation from a reliable attorney as you begin divorce proceedings. If you are planning to end your marriage in Omaha, NE, in the near future, or if you are unsure how to respond to your spouse’s divorce petition, contact an experienced Omaha divorce attorney as soon as possible to discuss your legal options.