Nebraska Divorce Legal Questions

Your only remedy while the divorce is pending would be to file a Motion with the court for temporary possession of the vehicle. If the car was yours premaritally you have a better chance of this being granted. While you are married, however, you are both still responsible for the necessities of life, including things like shelter and basic transportation. However, if you are separated and something happens due to her negligence, you will have an opportunity to argue she should be solely responsible at the final hearing.... Read More

Nebraska is a no fault divorce state, so your dating and his control issues won't affect the outcome. However, that doesn't mean you're without options. You can move the divorce court for child support, spousal support, or even request that your spouse pay your attorney fees. Your best bet is to consult with an experienced family law/divorce attorney who can confidentially discuss the facts of your specific situation and help you weigh your options.... Read More

Good question. Burt v. Burt, 799 P.2d 1166 (Utah Ct.App. 1990): The overriding consideration in dividing marital property in divorce is that the ultimate division be equitable that property be fairly divided between the parties given their contributions during the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987). The court should first properly categorize the parties' property as part of the marital estate or as the separate property of one or the other. Each party is presumed to be entitled to all of his or her separate property and fifty percent of the marital property. But rather than simply enter such a decree, the court should then consider the existence of exceptional circumstances and, if any be shown, proceed to effect an equitable distribution in light of those circumstances and in conformity with our decision.... Read More

In Kansas, spousal maintenance (formerly called alimony) is based on a spouse's needs, and the other spouse's ability to pay. Some Kansas counties have Family Law Guidelines that help judges make consistent rulings, but all cases must be analyzed in light of the Kansas spousal maintenance statute that sets forth the factors the court must consider in making or denying spousal maintenance. Be sure to consult an experienced family law attorney, who can craft the legal factors into a cohesive argument either for or against an award of spousal maintenance.... Read More

Is it worth going to the expense of having a judge or jury decide whether he can or cannot? Marital or community property rules differ from state to state, so your state might or might not treat the closet and/or its contents as belonging as much to the wife as the husband. More to the point, a prudent person would more likely protect his privacy by finding a secure place away from the home. And keeping secrets is not awfully healthy for a marriage.... Read More

Her Native American payments and her past settlement are very likely her personal property that will be considered non marital if they should divorce. Personal injury settlements are the separate property of the person who was injured. However, your friend should consult with a local attorney experienced in divorce who can get more specific information about the financial assets and give specific advice. Best wishes.... Read More

The higher earning spouse may have to pay the lower earning spouse, if there is a significant difference in their incomes. It does not matter if that person is the husband or the wife or was the one who left the other. Only income matters. You may be eligible to receive spousal support from her.... Read More

Yes. There is plenty you can do to assert your rights in a divorce proceeding. And first things first: find a capable divorce lawyer who can represent and advise you in much greater detail and with more effect than the short answers available on this site. As a general matter, most states have adopted the principle of 'equitable division' of property in divorce, meaning that the presumption is that the parties will split all their marital assets and debt 50/50 with a list of considerations that could lead the court to vary from that presumption. You may have a right to acquaintance (formerly called 'alimony'), and if you have minor children, to child support. Find a good lawyer.... Read More

The 60 days is not an automatic "perfection" period. It is a waiting period. You must ether file the final documents in lieu of hearing or have a final hearing. If all that happens is the expiration of time, you're not divorced and if 6 months goes by your matter can be dismissed, leaving you married. Legal separation is an entirely different filing from divorce. No waiting period needed to separate but you still need a hearing or final documents. Hope this helps.... Read More