Getting a divorce in Lincoln, Part 1






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Getting a divorce in Lincoln, Part 1 | Disability Case Review.com

Getting a divorce in Lincoln, Part 1

City of Lincoln, Lancaster County provides much guidance

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State overview

For an overview of divorce in Nebraska, please see the two-part overview of state law, including residency requirements, filing in (local) district courts, filing pro se versus retaining an experienced divorce attorney, no-fault divorce versus fault-based divorce and divorce without children or disputed property:

Considering professional counseling

An important aspect of terminating a marriage that’s discussed in Part 1 is the benefit of professional counseling, in addition to planning for the legal concerns. That’s because many people report profound feelings of grief and loss–even when both parties recognize the relationship has run its course.

Addressing domestic violence

Another crucial aspect to consider is the presence of domestic violence. Legal authorities and family experts emphasize that when domestic violence or abuse is part of the equation, stopping the violence and removing it from your life is your first priority–and may save your life or even your children’s lives. This is another area in which a savvy, experienced attorney can help, not only in crafting an escape plan and securing emergency shelter but also in filing protective/restraining orders.

Local resources for help with domestic violence/abuse

Part 1 lists some state-level resources that can also help with domestic violence. Fortunately, residents of Lincoln and Lancaster County also have local agencies and facilities that can help, including these online resources:

Venue for filing

Because Lincoln is the state capital (even though many trivia-game contestants might incorrectly answer,  “Omaha”), the maze of governmental buildings and offices can be daunting. Perhaps adding to the confusion, the City of Lincoln and Lancaster County share an official Web site. However, although it’s true that a county court might ultimately administer a given divorce, the originating venue for divorce (“dissolution of marriage”) is the local District Court. The place to start research for matters of venue, therefore, is the Office of the District Clerk.

Filing pro se: Self-Help Guide

If you’re even remotely considering filing pro se (that is, without benefit of an attorney), the place to start is the Supreme Court’s Self-Help Center for Families & Children. If you prefer to interact in person, the Lancaster County Self-Help Desk is at:

575 S. 10th St., Third Floor
Hours:

  • Monday 10 – 2,

  • Thursday 9 – 1,

  • Friday 9 – 12

No Children, no disputed property

If this fits your situation, then you need to read here and realize that–according to the court:

[T]hese forms and instructions are intended only for divorce cases where:

  • There are no children and none are expected;

  • There is no real property (real estate), nor an ongoing business being operated by one of the parties, and all other property has or can be divided without argument.  The parties are fully aware of all debts incurred during the marriage and have or will be able to agree on who will pay each debt.

  • Neither party has a pension or retirement plan with  his or her present employer, or from a past employer.

  • No alimony will be requested by either party.

NOTE: UNLESS YOU MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ATTEMPT TO DO YOUR OWN DIVORCE USING THESE FORMS AND INSTRUCTIONS, AND YOU SHOULD NOT PROCEED WITHOUT THE HELP OF A LAWYER.

Continued in “Getting a divorce in Lincoln, Part 2”: we resume with “Divorce With Children But With No Custody Disputes, Visitation Disputes or Property Disputes.”

Meanwhile, if you can already see that you may need to consult with an attorney who knows your local rules and keeps up with changes in Nebraska state law, please keep reading.

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