At McGill Law, we work hard for you and believe in helping you navigate the end of your marriage in the most peaceful manner possible. We offer a few processes that involve no court involvement… an uncontested divorce is one. The name implies few or no arguments, and that is often the case for the participants. However, even if you and your partner don’t see eye to eye on all the issues, your McGill Law attorney will guide and help you consider the various factors that you will likely face in the process.
Is an Uncontested Divorce a proper fit for you?
To decide whether an uncontested divorce is the right choice, there are certain essential conditions that should be present when considering this option. First, you should have open lines of communication with your partner. This is important to ensure complete and open transparency. Next, there should be no disparity in power or control, nor should there be any violence between the two of you. There can be no hiding of assets; rather it is imperative that you both have the utmost integrity and trust. The law requires that only one of you is represented by an attorney. Both parties should completely understand this, and you should ask yourself if you are okay with your partner potentially getting advice when you are not. Finally, you should be in agreement on most of the major issues in order to minimize any need for either of you to obtain advice.
The advantages of an uncontested divorce are immense: it can be much more efficient and economical than litigation; you maintain control and privacy of your parenting issues and property settlement rather than a judge mandating your future; and it is far less stressful than any court involvement that may be necessary in a litigated case.
What can you do to Prepare?
It’s important not to get caught up in the little stuff like who will keep the pots and pans. Rather, in order to maintain the calm necessary to stay out of court, you should focus on the bigger things like your children, home, property division, spousal and child support. A little preparation now can go a long way toward reaching an agreement, staying out of court, and ultimately having success through the process.
• The children – No doubt everyone agrees the children’s best interests should be kept at the center of all decisions. In Nebraska, you are both required to take a court approved parenting class. Talk with one another and decide if it’s best that you share custody (i.e., joint custody) or perhaps it makes more sense for one of you to maintain primary custody (i.e., sole custody.) Both arrangements require you and your spouse to have specific parenting time and a set schedule for your Parenting Plan. You will also need to decide schedules for holidays, vacations, and school breaks. These are essential pieces of your required parenting plan.
• The home – What makes the most sense for your family? The market has been excellent for selling. Perhaps you and your spouse will gain financially by selling the house and sharing the proceeds. On the other hand, you may feel it is advantageous for your children to stay in the home with one of you which means one spouse will likely “buy out” the other. A third option that works for some families is to “nest.” This involves the children remaining in the house while you and your partner alternate moving in and out depending on whether it’s your parenting time.
• Property Division – While this can be relatively simple if you are talking about couches and televisions, it can also involve more complicated decision making like valuing real property or business interests, tracing to ascertain pre-marital vs. marital assets, analyzing retirement accounts and dividing them in the most efficient, cost-effective manner. Perhaps you could streamline the analysis by preparing a spreadsheet now listing all assets and debts.
• Spousal Support – Do you have a case for spousal support? This isn’t necessarily a black and white issue. It is meant to provide a bridge for a spouse who doesn’t make as much income who may have made sacrifices during the marriage such as caring for the children and home in lieu of working or foregoing educational opportunities that he/she might have otherwise undergone. The goal is for that spouse to land on his/her feet in order to continue to have a lifestyle somewhat similar to what he/she experienced in the marriage.
• Child Support – The parent who makes more income is typically the one who is the payor of child support to the other parent. Child support is paid until the age of majority (19) in Nebraska. Custody will affect child support amounts. There is plenty to consider when thinking about which parent needs additional financial support to care for the children.
The Process:
One of you will be the Plaintiff who is represented by the firm. Your McGill Law attorney will file a Complaint for Dissolution which is the first legal pleading. The other party who is the Defendant will voluntarily submit him/herself to the court’s jurisdiction by signing a Voluntary Appearance. You will work with your McGill Law attorney to prepare the Parenting Plan and property settlement agreement that works best for your children and family before your decree can be submitted to the court. Nebraska law requires that from the date of filing the initial pleadings, you must wait 60 days before the Decree (final pleading which encompasses your property settlement, parenting plan and other exhibits such as your child support calculation) may be submitted to the Judge for signature. Along with the Decree, a waiver of hearing will be signed by both of you which means you never have to go to court to request that the judge execute your Decree.
We are here to help!
We are excited to announce that we are growing. With offices in Omaha, and Lincoln we manage family law cases in Douglas, Sarpy, Lancaster, and surrounding counties. Call our offices today to schedule a consultation with one of our experienced, compassionate attorneys to learn more about uncontested divorces.