Frequently Asked Questions About Divorce
If you are going through a divorce, you likely have many questions you want answered. The best way to get the tailored legal advice you need is to set up a consultation with a lawyer at Whelan Law Office. You will have a chance to ask your questions and receive answers that are specific to your situation. Simply call our Omaha office at 402-513-0504 to set up a free initial consultation today.
You can also review some of the general questions and answers below:
Q. Will I receive alimony?
A. Alimony (technically called spousal maintenance in Nebraska) is intended to help a lesser-earning spouse become financially independent, if possible. In most cases, it only lasts a certain length of time. In some cases, especially where both spouses earn relatively the same amount, alimony is completely unnecessary.
Before awarding spousal maintenance, the court will look at a wide array of factors, including the length of the marriage, the earning ability of each spouse, any premarital agreements and the division of marital assets.
Q. What’s the difference between sole and joint custody?
A. Sole legal custody means that one parent carries all the responsibility for major decisions. Joint legal custody, on the other hand, lets both parents share the burden of making decisions related to the child’s health care, education, religious instruction and other important matters.
Joint physical custody is when the parties share the parenting time on an equal or nearly equal basis. Sole physical custody is when one person has primary possession of the minor children and the other parent has parenting time on a limited basis.
Q. How much will it cost to get a divorce?
A. The expense associated with divorce will depend on many factors. One of the most significant is whether the matter is settled between the parties or the judge issues a final order after a trial. The more contentious a divorce, the more expensive it will be. Resolving your divorce concerns through mediation or negotiation is typically far faster and more economical than taking the case to trial. We can advise you about all your options.
Q. Can I change a court order later on?
A. If your circumstances have significantly changed since the original divorce decree was issued, you can seek a modification. For instance, you may have lost your job and need to modify the amount of child support you pay, or you may need to modify a custody order so that your child lives primarily with you. No matter the circumstances of your situation, we are here to advise you.
Q. What does “removal from jurisdiction” mean?
A. Removal from jurisdiction involves the relocation of minor children to another state after a custody order has been entered. During a child custody case or even after a case has been decided, some parents need to move to another state due to work, remarriage, educational opportunities or to assist their families. In these cases, if the moving parent wishes to move with their minor children, they will first need to obtain permission from a judge.
Cases involving the relocation of minor children from Nebraska to another state are often complex. Each case requires persuading a judge that the move is in the minor children’s best interests. Let us advocate on your behalf.