Divorce And Family Law Representation In Omaha, Nebraska

Omaha Nebraska Family Law Blog

Thoughts about parenting after a Nebraska divorce

An important part of what we do at Higgins Law is help our divorcing clients who have minor children identify custody and visitation arrangements that will be in the children’s best interests and work for the families. It may be possible to negotiate a parenting plan between the parties and if not, we will educate the judge about the children’s best interests and strongly advocate for clear and effective parenting time orders crafted to the children’s advantage.

Gray divorce in Nebraska

The term “gray divorce” has become a way to refer to the rising phenomenon of older couples ending their marriages in their 50s, 60s and 70s. Certain legal issues are uniquely important in these divorces. Obviously, since children have grown up, the focus is on alimony and property division, especially of retirement accounts and interests in the family home.

The challenge for many couples in a gray divorce is that assets accumulated over decades to support one joint household in retirement now must be spread thinner to finance separate homes and living expenses for two single people. Even a wealthy spouse must carefully consider what his or her rights are in complex or unique assets that may be hard to value.

Dividing Railroad Retirement Act annuities in Nebraska divorce

When an employee or former employee in the railroad industry faces divorce, a key issue is how the parties will divide retirement benefits available to the rail employee under federal law. Whether the parties are negotiating a marital settlement agreement or facing a court trial in their divorce, the final agreement or order must comply with the Railroad Retirement Act or RRA and its detailed regulations.RRA annuities are also divisible in a legal separation or annulment.

Part 2: New military pension plan raises legal issues in divorce

At our law firm, we often serve divorce clients who either are active or retired service members or who are military spouses. The legal issues in military divorce can be unique and complex, involving both federal and Nebraska state laws. Attorney Matt Higgins, a military veteran himself, regularly handles such matters.

In part 1 of this post, we discussed the impact on military-pension division in divorce when accepting an award of military disability benefits requires waiving the same amount of pension payment. Today, we cover the new military pension program: the Blended Retirement System or BRS and issues it raises for military service members and their spouses in divorce.

Part 1: Division of military pensions in Nebraska divorce

Matt Higgins is an Air Force veteran with empathy for service members and their families. He understands the interplay between federal and Nebraska state law in the military divorces of active or retired service members and their spouses.

Military pension benefit allocation between divorcing spouses when one or both are service members or veterans can be legally complicated. Broadly, federal law creates and governs military retirement accounts. When a service member divorces, federal law says that the division of those accounts is determined under state property division laws applicable to divorces.

Love and marriage by the numbers in Nebraska

USA TODAY published two articles by 24/7 Wall Street that took a deep dive into U.S. Census data to understand current national and state patterns of marriage and divorce. The author provides the figure that each year, Americans file over 1 million divorce petitions. Yet, the rate of divorce in 2017 had dropped to 2.9 divorces of every 1,000 persons.

The author believes that the declining divorce rate is tied to a declining marriage rate. That reason, however, really does not matter when it is your own divorce that is causing monumental changes to your world.

Nebraska bill would require hearings on denied protection orders

At our law firm, we represent Nebraskans seeking to protect themselves from abusive spouses and partners through petitions for protection orders against domestic violence in state courts. We also oppose these petitions on behalf of wrongly accused people.

Nebraska law provides for protection orders to prevent contact between a victimized spouse or partner and his or her spouse or partner who presents a threat of domestic abuse. Someone in fear who seeks a protection order can ask a judge for that protection order by filing a form provided by the State.

What are the best interests of children in custody decisions?

In Nebraska, a judge must make custody decisions in the best interests of the child. In fact, the best-interest standard is uniform across the country as the standard applied to child custody decision making. Essentially, a child’s best interest is the lode star that should guide every judicial custody decision in our country.

In Nebraska, even if divorcing parents can negotiate a parenting plan as part of their marital settlement agreement, the court must review the terms of the parenting plan considering the best interest of the child or children involved. If the judge feels the custody and visitation arrangements agreed to by the parties are not in the child’s best interests, the judge must either ask the parents to renegotiate a new agreement for review or the judge may modify or rewrite the plan to meet the child’s best interests.

Division of retirement accounts in a Nebraska divorce

It is understandable that people facing divorce may have considerable concern about what will happen to their retirement accounts. This is especially true for those approaching retirement or already there. The size of those accounts will have a direct impact on the standard of living for the rest of their lives.

Introduction to Nebraska child support guidelines

At our law firm, we represent Nebraska parents in legal matters related to child support. For example, child support must be addressed in divorces with children as well as in disputes between unmarried parents. We also represent parents requesting the modification of previous child support orders. These modifications become necessary upon a change of circumstances — be it a change of income, parenting time or the birth of subsequent children.

Like many other states, Nebraska bases its system of child support on guidelines, which consider the income of each parent and the number of children among other factors to determine monthly child support according to a formula. The Nebraska Child Support Guidelines, sometimes called the NCSG, are contained in the state court rules and were developed by an economist from the University of Nebraska at Kearney.

To discuss representation or learn more about Higgins Law, please call 402-933-7600.

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Higgins Law
209 South 19th Street
Douglas Building, Suite 440
Omaha, NE 68102

Phone: 402-933-7600
Fax: 402-933-9442
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