How Asset And Debt Division Fits In The Divorce Process
If you need an Omaha family law lawyer, contact Higgins Law at 402-933-7600 to schedule a consultation.
Broadly speaking, three categories of considerations must be addressed in every divorce. The first has to do with the facts that support the court’s ability to hear your case. These considerations define the concept of jurisdiction: which court may hear which types of cases and for which clients. The second pertains to the custody, care and support of any child of the relationship. The third has to do with the allocation of debts, assets and real and personal property and the definition of what is and is not marital property.
In Nebraska, the court is directed to make an equitable division of property. “Equitable” does not mean “equal.” Equitable means “fair.” As often as not, one person’s view of what is fair is different from what his or her estranged spouse might think is fair.
What Property Is Subject To Division?
Property commonly disputed and often subject to division includes real estate (including your home), retirement accounts, rental property, collectibles, family photographs, personal injury settlements, firearms, tools, etc. There are, however, exceptions, as we discuss here.
Work With An Experienced Attorney To Protect Your Interests
At Higgins Law, regardless of the size of your estate or the character of the property in question, we will ensure that your extramarital property is protected and that your contributions to the marital estate are properly acknowledged and credited. From your first meeting with one of our attorneys, we will set to work on defining and defending your interests.