Dissolution of Marriage (Divorce) actions can be difficult and stressful to navigate without the assistance of a family law attorney. At Husker Law, powered by the Law Office of Sands Wegner, PLC, we will usher you through your divorce in a manner that will minimize the stress in your life, while fighting hard to seek optimal results. You can expect the following timeline and events in your divorce case.
The order for events involved
1) Free Initial Consultation – You will meet with Michael Sands and Aaron Wegner personally, who will sit down with you to thoroughly discuss your situation. The consultation is a FREE 30 minute session and you will not be pressured into securing our services. We will provide you with a standard fee schedule and will discuss your case with you. An attorney client relationship will not be established until all conflict of interest checks are completed and we are retained to represent you.
2) Intake Questionnaire – The next step is to gather all of your pertinent information. You will need to gather all of your financial records. This includes information about your home, mortgage, salary, vehicles, retirement accounts, financial portfolio, and your tax returns for the prior three (3) years. To get a copy of the intake questionnaire you can either complete the registration process on the Services page or contact the Law Office directly.
3) Complaint for Dissolution of Marriage (Divorce) – After we gather all of your information and meet with you to discuss your case strategy we will prepare a Complaint for Dissolution of Marriage to file with the District Court where venue is proper. Prior to filing the Complaint, we will meet with you to review it, and then you will sign it in the presence of a notary public. The filing fee for a Complaint for Dissolution of Marriage (Divorce) is $157.00. Along with filing the Complaint we will file a completed Vital Statistics Certificate, Confidential Information Affidavit and Social Security Information Form.
4) Service of the Complaint for Dissolution of Marriage (Divorce) – We then arrange to have the Complaint served on your spouse. In Nebraska, service can be made via certified mail or by having the Notice served by the County Sheriff or Constable. In the alternative, your spouse may agree to accept service of the Complaint and enter a Voluntary Appearance. In the event your spouse cannot be located, we will properly provide notice of the action via publication pursuant to the Nebraska Rules of Civil Procedure.
5) Mandatory Forms – The forms required for a divorce action are essentially the same in each county, but there may be some slight variation locally in your county’s District Court. If your action is filed in Douglas County, Nebraska, along with your Complaint for Dissolution, you will be required to fill out a Vital Statistics Certificate, Confidential Party Information and Social Security Information Forms. If there are children involved, eventually you will be required to file a Certificate of Completion of a Parenting Education Course, Financial Affidavit for Child Support, Child Support Guidelines, and a Parenting Plan. For a list of Parenting Education Course locations approved in the various Nebraska Judicial Districts, click here. If your county requires an additional form, it will be important that we adhere to these rules.
6) Temporary Hearings – Litigation is a slow process and many issues need to be decided on a temporary basis prior to trial or resolution of a divorce case. In the event that a couple is separated or living apart during the divorce, it may be necessary to seek temporary visitation, temporary custody, temporary child support, temporary spousal support, or temporary attorneys fees. Generally, a temporary hearing cannot be set until a few days to a few weeks after your spouse answers the dissolution of marriage complaint. Unless a waiver is requested, the District Court will require you attend mandatory mediation prior to granting a hearing on temporary matters. We arrange and attend the mediation with you upon request. In the event your temporary divorce matters are not resolved at the mediation, the Courts generally have a temporary hearing on affidavits. We will work with you to develop strong and effective affidavits to present at the temporary hearing.
7) Pre-Trial Conference – After we file your Complaint for Dissolution, we will receive a Pre-Trial Conference order. We will attend the conference with you or on your behalf and will prepare all of the necessary paperwork that will be presented to the court. If your divorce case is not resolved at this point, either a trial date will be set or the Court will set a date for the completion of mandatory mediation.
8) Discovery – In the event your case is not resolved, the court will set discovery deadlines. Discovery is simply a period where we gather information from your spouse. We accomplish this through the use of interrogatories, requests for production, requests for admissions, depositions, and any other method allowed under the Nebraska Rules of Civil Procedure.
9) Trial – If all issues cannot be resolved on an informal basis we will proceed to trial. Divorce trials may be on child support, spousal support, alimony, property distribution, separation of retirement accounts, and various other issues. The Law Office of Michael J. Sands, PLC will aggressively advocate on your behalf should your divorce case reach trial.
Contact A Nebraska Divorce Lawyer
We know that a divorce can be difficult, and requires a hard working and dedicated lawyer. We work hard to protect the rights and the futures of our clients. We offer a free consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.
Contact Husker Law, powered by the Law Office of Sands Wegner, PLC at 402-415-2525 for a consultation to discuss your legal options. You are also invited to stop by and visit us at our office.