The Divorce Process
Omaha Nebraska Family Law Attorneys
Deciding to file for divorce can be an overwhelming process; most people facing a divorce should not expect a process that’s fast or easy. However, you can rely on the experienced family law attorneys at the Dornan Law Team to help you through each step and ensure that you are prepared for the next one.
Every divorce is unique, so it’s difficult to tell someone who is facing the divorce process exactly what to expect each step of the way. However, most divorces will involve some form of the following steps:
- Meeting with Lawyer
If you are initiating the divorce, talking to a lawyer is a good place to start. You want to have a general understanding of Nebraska’s divorce laws and how they will apply to your specific situation. There are a lot of variables in a divorce; we can’t plan for every possible outcome. However, we can answer your questions about what’s going to happen, how long it’s going to take, and an estimate of how much it’s going to cost.
- “Filing for Divorce”
This is actually called filing a “Complaint for Dissolution of Marriage” and it has multiple steps. We start by filing the paperwork in the appropriate court, and then will also arrange to have your spouse “served” with the paperwork as well. This is the official legal notice that can be completed through the other spouse signing a Voluntary Appearance, through a County Sheriff or other law enforcement officer or through a Special Process Server.
- General Financial Preparation
While this is not an official step in the legal process, we strongly advise anyone who is facing a divorce to get a solid understanding of what they own and what they owe, and at least a general estimate of the amounts of equity, debt and value of those assets. While you are planning for divorce, just having a solid understanding of these numbers can help. Later, in the discovery process, actual documents will need to be provided. A few examples of information you will want to have: - (If You Own a Home) Value of the home, amount of money that is owed on the house
- Value of cars, outstanding balance on car loans, remaining term on car leases
- You and your spouse’s total annual income and total credit card debt
- Monthly household expenses (food, gas, water & sewage, electric, taxes, car payments, etc)
- Retirement and investment account values
- Temporary Support Orders / Hearings
The divorce process can take time, and if one spouse has already moved out of the house, that can create a need for temporary orders related to child custody as well as financial issues like temporary spousal support and child support.
- Mediation and Parenting Class
If there are minor children involved, the Court will Order both parties to complete a Parenting Class. Your attorney will give you a detailed list of classes. Additionally, the Court may order the parties to participate in mediation to attempt to resolve some or all of the issues contemplated in a Parenting Plan. Both parties are expected to participate in mediation. As with negotiations, participation in mediation can be a cost savings to the parties as issues that are resolved in mediation do not need to be litigated at trial.
- Discovery
“Discovery” is the word for the official process of exchanging and accessing information during a legal proceeding. Both attorneys will make formal requests of the financial documents and other information needed to work through the divorce process.
- Negotiations
This is a fairly general term, but it is typically the step in the divorce that either makes for a relatively smooth process, or a contentious, difficult and expensive process. For people without any assets or minor children, the negotiations could be very simple. Spouses who share a home, have children, or have accumulated assets during the time of their marriage may face a more complicated negotiation process. This is the step where the divorcing couple is working through asset division, a parenting plan, custody arrangements, on-going financial support and more. It pays to be reasonable when negotiating as it’s a give and take process, but we will also fight for your rights and work to ensure you are treated fairly.
- Trial
If the spouses and their attorneys are unable to work through the key issues of the divorce, the two sides will go to trial. Trials are expensive, timely, and ultimately give much more control to the court about how to settle issues that you and your spouse were unable to settle. There are cases where trials are necessary, but the divorce process is far more cost-effective, timely, and ultimately easier when the two sides can work together to resolve the divorce through negotiations and without a trial.
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