Divorce Lawyer in Lincoln, NE

Lincoln Divorce Lawyers Assist Clients with the Divorce Process

At GordenLaw, LLC, we understand that ending a marriage can be emotionally and financially difficult. We are here to reduce the burdens of the legal process. Our firm has provided legal representation in family legal matters for over a decade. Our Lincoln, NE divorce attorneys are skilled negotiators and litigators who apply over 19 combined years of experience to pursuing successful resolutions for divorcing spouses. Whether you seek to fairly divide property and debts or modify a divorce decree, we strive to protect your interests and prepare you to move forward. Contact us today to schedule a time to speak with one of our client-recommended attorneys.

About the Divorce Process in Nebraska

There are several factors to consider before filing for a divorce. For a couple to obtain a divorce in Nebraska, the marriage must be irretrievably broken and at least one spouse must have resided in the state for at least 12 months prior to beginning the divorce process. We focus on facilitating the legal separation and divorce process by helping clients with issues related to:

• Divorce — While generally the parties themselves are in the best position to understand and determine how to unwind their marital partnership (often referred to as an uncontested divorce), at times, parties’ positions can be so different that compromise is not possible, and a Judge must make some or all of the decisions in a divorce case. When this occurs, our attorneys at GordenLaw advocate for our clients within the courtroom to help the courts make a decision rooted in facts. Our divorce attorneys invest in continued legal education, specifically directed towards litigation to be prepared for when this occurs for our clients.
• Modification to divorce decree — Your lifestyle and financial circumstances may change significantly over time and affect your ability to pay child support, alimony or maintain other agreements. If necessary, we can request a post-judgment modification on your behalf and help you prepare the required documents for your case.

From filing the initial complaint to mediating a settlement and modifying an existing divorce decree, we will make it our task to provide guidance on the key aspects of your divorce and legal representation for your rights every step of the way.

Protect Your Property Rights and Financial Interests During Divorce

When divorcing spouses cannot agree on how to divide property, Nebraska courts will distribute marital property according to what they find to be fair and equitable. The property subject to division generally includes anything acquired during the marriage, with possible exceptions such as gifts and inheritances given to one spouse. In these determinations, judges weigh factors like each spouse’s respective earning capacity to decide what is equitable. Our family lawyers help clients pursue reasonable resolutions with respect to personal property, bank accounts, stocks, other assets and debts. You can count on us to help you preserve control over the property you are entitled to.

Can A Divorce Lawyer Help Me In A 50/50 Divorce?

Fifty-fifty divorce refers to dividing marital property and debts equally between divorcing spouses. You may have heard about this type of divorce division through something like an uncontested divorce, although the laws in Nebraska are a little different. Nebraska’s approach is based on equitable distribution of both assets and liabilities.

Our Lincoln divorce lawyer can be a tremendous asset in this situation, as we can help confirm that your idea of an equitable division is the one that a judge agrees with. Nebraska family law judges adhere to the principle of equitable distribution, which means that marital property and debts are divided in a manner deemed fair and just. It’s essential to note that “fair and just” doesn’t necessarily mean equal or 50/50 in every case. Instead, a judge considers various factors to determine an equitable division of assets and liabilities based on the unique circumstances of each case.

What Do Nebraska Courts Consider When Dividing Marital Property?

A judge may look closely at your marital history, the income each of you brought to the marriage, debts each of you incurred, and the earning potential of each spouse when determining an equitable split. The judge may ask for documentation of some of the following:

• Contributions to the Marriage: This isn’t just financial contributions, although a judge looks at each spouse’s acquisition, preservation, and appreciation of marital property. Contributions to the marriage also include non-financial contributions such as homemaking and child-rearing.
• Duration of the Marriage: The length of the marriage is taken into account. Longer marriages often result in a more equal distribution of marital assets.
• Economic Circumstances of Each Spouse: A judge evaluates your current income, earning potential, general employability, and financial needs.
• Custodial Arrangements: If you have children, the court may take into account the child custody and child support arrangements when dividing marital property so that the ruling is in the best interests of the child.

Does A Judge Consider Fault When Dividing Marital Assets?

Nebraska is a no-fault divorce state, which means that a judge can grant a divorce without one spouse proving wrongdoing on the part of the other. However, any misconduct of one spouse, especially one in which marital assets are squandered (adultery, gambling, etc.), may influence the judge’s decision about an equitable distribution.

Based on the factors listed above and other details of your marriage, the court will determine an equitable division of marital property and debts. In some cases, this may result in an equal distribution, but it’s not guaranteed. The goal is to achieve a fair and reasonable division given the circumstances of the marriage and the needs of each spouse.

It’s also worth noting that certain types of property or assets acquired before the marriage, such as inheritances and gifts received by one spouse, may be considered separate property and not subject to division in a divorce. However, if the separate property has been commingled with marital property or used for the benefit of the marriage, it may become subject to division.

Divorce Infographic

Lincoln Divorce Statistics

According to the American Psychological Association, approximately 40 to 50 percent of first marriages end in divorce. The divorce rate for second marriages is even higher, with over 60 percent of second-marriage couples divorcing. And if you are in your third marriage, you have an even higher risk of ending up in divorce court.

If you are considering ending your marriage, contact our office to make certain your financial and parental rights are protected. Our divorce lawyers will evaluate your situation and discuss what your best legal options are.

Are You Facing Divorce? We Can Help.

Do you need help dividing assets in a divorce? Are you struggling with a fair compromise with your spouse? We can help you protect everything you’ve worked so hard for. As your divorce attorney, we’re committed to achieving the best possible outcome in your situation. Let our team help bridge the gap for your changing family. Contact GordenLaw, LLC, today for a consultation.

Divorce Glossary

When working with your Lincoln divorce lawyer, it’s important to understand certain legal terms that come up throughout the process. Whether you’re just beginning to explore your options or are already facing divorce proceedings, knowing how Nebraska courts treat property, agreements, and post-divorce changes can help you prepare and make informed decisions. Below are key terms we often explain to our clients during divorce cases in Nebraska.

Marital Property

In Nebraska, marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whether the asset/debt is titled in only one spouse’s name or jointly held by both spouses, with very limited exceptions. This can include income, credit cards, tax returns, businesses and professional practices, real estate, retirement accounts, and even personal property like vehicles or furniture. Nebraska follows the rule of equitable distribution, which means the court aims for a fair—not necessarily equal—division of this property during divorce. Factors such as the duration of the marriage, each spouse’s earning potential, and non-financial contributions like parenting may influence how this property is divided. Property acquired before the marriage, given as a gift to one spouse, or inherited by one spouse and personal injury settlement monies may be treated as separate property in certain circumstances.

Equitable Distribution

Nebraska’s equitable distribution system is often misunderstood as requiring a strict 50/50 division of property, with each party receiving one half of each asset. Instead, the law focuses on what is fair based on the specific circumstances and history of the parties during the marriage, at the time of separation, at the time of filing, and even while the dissolution (divorce) is pending Because equitable does not always mean equal, we work closely with clients to help demonstrate how their unique circumstances support a fair outcome.

Commingled Assets

Commingled assets are assets that would otherwise be considered personal or separate property of one spouse but that have been mixed with marital property in a way that makes it difficult to distinguish their original status. For example, using an inheritance to purchase a shared home or depositing a gifted sum into a joint account can turn separate property into marital property. Once assets are commingled, they may be subject to division during divorce just as if they were fully marital. Courts evaluate the intent and usage of the asset, as well as how it was managed over time. Identifying and tracing the source of these assets is often required.

Modification Of Decree

It is very important to note that property divisions made by a Property Settlement Agreement or Decree of Dissolution after Trial are not modifiable except in the exceedingly rare and difficult to prove circumstance where fraud has been perpetrated. Issues of spousal support, custody and parenting time and child support may be modified in the future if (and only if) a material and substantial change in circumstances has occurred and that change was not something the Court and parties could have known at the time the Decree was entered. That standard can be difficult to meet as applied. This is why it is so important to have quality legal representation at the time of initial orders.

If you are thinking about divorce or have questions about a past decree, we can help. At GordenLaw, LLC, we are committed to protecting your rights and helping you move forward with clarity.

Speak with our Nebraska divorce attorney today to understand how the law applies to your situation. We’re here to answer your questions and help you take the next steps with confidence.

GordenLaw, LLC, Lincoln Divorce Lawyer

6911 Van Dorn St Suite 3, Lincoln, NE 68506

Connect with a Lincoln Divorce Attorney for Legal Assistance

At GordenLaw, LLC, we are dedicated to helping divorcing spouses in Lancaster County and the surrounding areas achieve fair outcomes in the division of assets, property, and money in legal separations. As experienced family law attorneys, we facilitate the process of establishing child custody, child support, and spousal support arrangements that are equitable and just under the law. Attorney Vanessa Gordon won the Top 10 Attorneys Under 40 award from the National Academy of Family Law Attorneys in 2015. This recognition is a testament to her commitment and success in helping clients prepare for their next stage of life. Call (402) 403-6600 or contact us online to speak with our experienced divorce attorney to schedule a strategy session at our Lincoln, NE office.