Nebraska Divorce Legal Questions

Starting a new business is a luxury. The court will not look at a zero income or low income as reasonable. Each of you will be expected to work to your full potential (in the court's view). This means that the court may look to a reasonable (normal) income in the industry that that he is in, and compare that to your income, before deciding if there will be any sort of spousal support (called maintenance in Wisconsin). I have had many clients over the years want to show their tax return in court to show that they have little income - even to avoid child support. It doesn't work. The court simply says that if that is all that they are earning, then they should be working for someone else. So instead of using what is on the tax returns, the court will look to a reasonable wage for the same type of work - but you have to provide that information (evidence) to the court.... Read Answer

In most countries, you can only file an action for divorce if you are a resident of that country, or if the other spouse is a resident of that country. In other words, you could file in Britain if Romania has too lengthy a process. You would have to find a British lawyer to represent you. Good Luck.... Read Answer

The answer depends on what the issues are. For instance, if there is a business that needs to be valued that would be a greater amount. If you are talking about a divorce where both of the parties are in total agreement on everything, it should cost approximately $1,000.00. The waiting period is 60 days from service to the time a decree can be entered.... Read Answer

Some attorneys do accept payment plans, you just have to follow up with them. It would depend on how complicated your divorce appears to be. You may also wish to look into limited representation, where the attorney only helps with a small portion of your case (drafting documents only, for example, to ensure they are done correctly) for a flat fee rather than hourly charge. Best wishes!... Read Answer

You can file for divorce and allege disestablishment of paternity. Because you are married you will be the child's legal father if you do nothing. If you file now you can put the court on notice that her pregnancy bills should not be your responsibility. If you and your wife decide to stay married and raise the child (it happens) you do my have to do anything unless the actual biological father brings a paternity suit. For more information and actual legal advice on the facts of your situation you should consult with a local, experienced and reputable family law attorney.... Read Answer

If your divorce lingers without prosecution for 6 months, it is generally dismissed by the Court. If it was never actually filed, then you need to file a new case. Then you will need to either have your spouse served by sheriff or provide a voluntary appearance. There is no way around the statutory required 60 day waiting period even if you agree on everything. You can use the self help forms available from Nebraska Supreme Court and/or meet with your local Self Help Desk if you don't want to hire counsel, but if you can afford to do so, having an attorney is always your best bet (just look for someone highly reputable this time).... Read Answer

You can file a request to modify the purge plan based on the new circumstances (if your injury occurred after the purge plan was entered). This would need to be done quickly before a warrant issues. As to your attorney, you should request a full statement of account from him and review your fee agreement and emails to ensure you understand what the $4000 was being used for, his hourly rates or flat fees, etc. You should always first attempt to address your concerns with the attorney or his office directly. If the attorney will not communicate with you regarding this, you may contact the Bar Association to attempt to mediate regarding the fees or monies and if any portion should be returned to you. If you had a past due bill, he likely is entitled to that portion of the funds. For future, however, if you tell him to withdraw, he must do so and return any unused portion of the money, which you could then use to hire a new attorney. Please note that most attorneys who have frustrated clients may be very good attorney working hard for your case, but are terrible at communicating with their clients. You may find that if you explain you want an accounting and are considering having the matter reviewed by another attorney, the current attorney will be able to explain to you what and why he is doing. If not, though, you should follow up with other counsel on how to best proceed. Best wishes to you.... Read Answer

In Utah, the answer is, yes. If your husband has a judgment against you, and you are not paying it, then we can attach a lien to your property to secure the payment of that judgment. If I understand your question correctly, your decree provides that when the last of your children reaches the age of 18 you are to pay your ex-husband his share of the equity that accrued in your marital home. You are saying now that have discovered the appraisal was too high, making it difficult, if not impossible for you to pay your ex-husband's share of the equity based upon that inflated appraisal. If the appraisal was grossly inflated and you can show that it was fraudulently procured and/or prepared, you might (I stress might) persuade a court to adjust the award to reflect the real equity value in the house IF you can prove that the appraisal is in fact grossly inflated and that it took place under your nose and without your knowledge or your reasonable ability to police the way the appraisal was conducted. The problem, however, is that you were concerned about a reliable appraisal of the property, you could have and should have had it appraised independently or by an appraiser that you and your ex-husband jointly chosen trusted. So although there could be options open to you, the question is whether it would just be a matter of throwing good money after bad to pursue them.... Read Answer

Attorneys cannot knowingly offer false testimony, however, your attorney would not generally have personal knowledge of the facts you would testify to in an affidavit. If your spouse lied, you will want to gather any proof you have and make sure your attorney has it. Your attorney is in the best position to advise you on this one. Best wishes.... Read Answer

You may be able to send a certified copy of the Decree in to collect if it is the type of pension where they are to pay you at the same time they pay him. If you were supposed to receive separate funds under a Qualified Domestic Relations Order, but none was filed or enforced at the time of divorce, you will definitely need an attorney. Your best bet is to take the Decree to an attorney and have them help you figure out the best method to enforce your judgment. Best wishes!... Read Answer

All income earned during marriage is considered community property in Texas whether you or your husband earned it. So yes, you can legally deposit the checks for your household use. I strongly recommend obtaining a consultation for divorce to ensure your assets are justly divided between you for the benefit of yourself and your children. You may be entitled to spousal maintenance as well as child support. Consult a professional as soon as possible.... Read Answer

You should file your affidavit before the court date. If you are proceeding without an attorney the court will probably treat it as your response to her request. If you file that document ahead of time you must send your ex-wife a copy and let the court know that you did so by filing a proof of service. You are better off filing your document ahead of time so the judge and staff have time to read and think about it. If you wait until the hearing you will get to have your say but the court could refuse to accept a written document. That would be up to the judge. It doesn't hurt to have the document notarized.... Read Answer