When it comes to ending a marriage, the process can become even more complex if you and your spouse do not agree on key issues like property division, child custody, or spousal support. In such cases, you may find yourself facing a contested divorce in Nebraska, which can be a lengthy and intricate legal journey. If you’re contemplating or currently navigating a contested divorce in Nebraska in 2024, this comprehensive guide is here to help you understand the intricacies of the process.
What is a Contested Divorce?
A contested divorce in Nebraska occurs when the spouses cannot come to an agreement on essential issues related to their divorce, such as the division of marital property, child custody, visitation arrangements, child support, or spousal support. In such cases, the couple’s disputes must be resolved through negotiations or litigation in court. This process typically involves attorneys representing each spouse. If the case proceeds to court, the attorneys present evidence and make arguments before a judge who ultimately makes decisions on the unresolved issues. Contested divorces tend to be more time-consuming, emotionally taxing, and expensive compared to uncontested divorces, where spouses can reach agreements outside of court and submit their settlement to the court for approval.
Is a Contested Divorce Right for You?
A contested divorce has advantages and disadvantages. The decision to proceed with a contested or uncontested divorce is based on your unique situation and priorities. Here are some factors to consider:
Advantages of a Contested Divorce:
- Protecting Your Rights: A contested divorce may be necessary if you believe that your rights or interests are not being adequately addressed. These rights and interests may include child custody, spousal support, or the division of marital assets.
- Achieving a Fair Settlement: If you genuinely believe that the proposed terms of the divorce settlement are unfair, a contested divorce can provide you with the opportunity to negotiate a more equitable outcome.
- Clarifying Legal Issues: A contested divorce can help clarify complex legal issues that the parties cannot resolve through an agreement, and it can ensure that all legal requirements are met.
Disadvantages of a Contested Divorce:
- Time and Cost: Contested divorces can be time-consuming and expensive due to legal fees, court costs, and the prolonged legal process.
- Emotional Toll: Contested divorces can be emotionally draining and may heighten existing tensions and conflicts between you and your spouse.
- Relationship Damage: A contested divorce can further strain your relationship with your spouse, which may be a concern if you have children together and will need to co-parent in the future.
- Uncertainty: You and your spouse are the experts on your circumstances and needs. While the court can make equitable decisions, the court has limited tools to meet your future needs. An agreement is the only way to create a tailor-made resolution to your marriage.
Ultimately, the decision to move forward with a contested divorce in Nebraska should be made after careful consideration of your specific circumstances, your priorities, and your willingness to engage in a potentially lengthy and contentious legal process. It’s often advisable to consult with a qualified family law attorney who can provide you with personalized advice based on your situation and help you weigh the pros and cons of contesting the divorce.
How Long Does a Contested Divorce in Nebraska Take?
The duration of a contested divorce in Nebraska varies widely. On average, it can take several months to several years to reach a resolution. Complex issues like property division, child custody disputes, and alimony disagreements can prolong the process. While a swift resolution is often desired, ensuring your rights and interests are protected remains a priority throughout the process.
Preparing For a Contested Divorce in Nebraska
Preparing for a contested divorce in Nebraska can be challenging, but careful planning can help you navigate the process more effectively. Here are some important steps to consider when getting ready for a divorce that is likely to be contentious:
- Consult with an Attorney: Your attorney will be your advocate throughout the process, providing legal guidance, representing your interests, and helping you understand your rights and obligations. Our attorneys are zealous advocates for their divorce and family law clients and work hard to provide a drama-free divorce for their clients.
- Gather and Organize Documents: Collect and organize all relevant financial and legal documents, including bank statements, tax returns, property records, retirement account statements, and any evidence related to issues like child custody or spousal support. Having these documents readily available will be essential during negotiations and court proceedings.
- Develop a Strategy: Work closely with your attorney to develop a clear strategy for your divorce case. This strategy should outline your priorities, such as asset protection, child custody goals, and financial stability. Your attorney can help you understand your legal options and plan accordingly.
- Maintain Emotional Resilience: Contentious divorces can be emotionally draining. It’s crucial to prioritize self-care and seek emotional support. Maintaining emotional resilience will help you make rational decisions and navigate the process more effectively.
- Explore Alternative Dispute Resolution: While your divorce may be contentious, consider exploring alternative dispute resolution methods like mediation or collaborative divorce. These approaches can sometimes help both parties reach agreements outside of court, potentially reducing conflict and the duration of the divorce.
Remember that a contested divorce in Nebraska can be a lengthy and challenging process, but it’s essential to stay focused on your long-term well-being and the well-being of any children involved. Our experienced family law attorneys at Nebraska Legal Group can be your best resource for legal guidance. Reach out today to get the legal advice you need and to discuss your options.