There’s no getting around it: Divorce can be unpleasant and daunting. For most people, the legal process of divorce is especially foreign and scary. In our (Almost) Everything You Ever Wanted to Know About Divorce series, we’ll try to take away some of that fear by answering some of the most frequently asked questions we get from our clients about divorce in Nebraska.
Divorce in Nebraska Part V: After the Ink Dries
So far in our series, we’ve answered questions about getting started with a Nebraska divorce, talked about what to expect after filing for divorce in Nebraska, covered some divorce basics including qualified domestic relations orders (QDROs), and given you some important info about Nebraska child custody and support. In this final installment, we cover getting the final order and enforcing it.
Q: Do I have to go to trial?
A: Maybe. In many divorces, a settlement can be reached. In some cases, however, emotions or other factors make it difficult for parties to come to an agreement on the issues. In these circumstances a trial is necessary for the judge to decide these issues.
Q: Do my spouse and I have to attend the final hearing?
A: Not if you both agree to a final settlement and/or parenting plan and have signed the necessary documents. In that case, the Decree, Property Settlement Agreement and Parenting Plan can be submitted to the Judge along with a wavier of final hearing. So long as the Judge finds the agreements acceptable under the law, he or she will sign off without needing you to appear in court.
Q: When will my divorce be final?
A: The divorce is final 30 days after the date the judge signs the decree. That means that appeals must be filed within that time period.
Q: When can I remarry?
A: We get asked this question a lot, as well as “Can I get married while my divorce is in process?” Sorry, but you’ll need to wait. Nebraska has a six–month waiting period after the date of the decree before the divorce is fully finalized. So you must wait six months to remarry – no matter where you do it.
Q: What should you do when your ex does not comply with your divorce decree?
A: It’s best to consult your attorney if your former spouse is willfully disobeying the court’s order. If your ex-spouse violates the divorce decree, your attorney can ask the court to require your former spouse to appear before the court and show cause why he or she should not be held in contempt of court. If he or she is found in contempt, the court will generally allow time for the order to be followed.
After that time elapses, the parties will return to court. If your former spouse still has not complied, he or she may be sanctioned until there is compliance. Sometimes it can take multiple enforcement hearings before both parties do everything they were ordered to do in the decree. It can be frustrating. A good lawyer is the best support.
Get the Experienced Help You Need
If you need help with a divorce, or enforcement of a decree, call Hightower Reff Law at 402-932-9550 or contact us online. We are experienced Omaha area attorneys who can help you through this difficult process.
This article should not be construed as legal advice. Situations are unique from one another and it is impossible to provide legal advice for every situation without knowing the individual facts.