Nebraska Divorce Tips

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Some useful Nebraska Divorce Tips

  • If a premarital agreement is drafted, then, it is effective only after marriage. Such a premarital agreement cannot be enforced, if the below mentioned points are proved by the party against whom enforcement is sought

    • The premarital agreement was not executed voluntarily, or
    • When the agreement was executed it was unconscionable and prior to execution of the agreement, the following occurred

      • The party did not have or reasonably could not have had a sufficient information of the financial obligations or property of the other party and
      • The party did not voluntarily and expressly waive, in written form, any right to disclosure of the financial obligations or property of the other property apart from the provided disclosure and
      • The party was not offered a reasonable and fair disclosure of the financial obligations and property of the other party

  • When any action for separate maintenance or annulment of marriage or divorce is filed and there is a minor child of the divorcing partners or of either of them, the court might conclude that the welfare of this child might be affected by this action. Moreover, if the court feels that there is the slightest chance for reconciliation, the court might transfer the case to the reconciliation court

  • Irrespective of the determination of the court pertaining to child custody

    • Every parent is given equal and full access to the medical and education records of the child, except when the court has issued contrary orders
    • While the child is in physical custody of a particular parent, such a parent might make emergency decisions that impact the safety and/or health of the child

  • Consider all the cases which satisfy both the below mentioned conditions

    • A request for name restoration was not granted or included
    • The Declaration of annulment or a Decree of dissolution was entered prior to 25th August 1989

    In all these cases, the Respondent or the Petitioner are not prevented from impacting a common-law name alteration

  • In some cases, the court detects that the following two conditions have been fulfilled

    • A party has in good faith entered into the contract of marriage
    • This party has regarded the other party capable of contracting

    Such a marriage might be declared as a nullity. The court considers the party described above as an innocent party and might, in case of dissolution of marriage, compensate this innocent party an award for lawyer fees and costs

  • When the validity of a marriage is in doubt, any partner can file a complaint in this regard. The court shall verify the evidences in this matter and decree this marriage has affirmed or annulled. Similar to the case of Complaint for Dissolution of marriage, a notice shall be given to the other partner

  • The duty of an obligor to disburse child support ends when the following conditions are come across

    • The child is emancipated by a court of competent jurisdiction
    • The child dies
    • The child marries
    • The child completes 19 years.

    After fulfillment of all the above 4 conditions, the court has the right to extend child support for any specified period

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