Family Law and Domestic Litigation

Family Law is more than just divorce, it encompasses a variety of legal issues whose main focus is everyday life. Click below for more information pertaining to a portion of Domestic/Family Law.

• Dissolution of Marriage/Legal Separation-There are two types of legal actions to end or modify the marriage bond, divorce or separation.

A Legal Separation modifies the marriage in that you will still be technically married, however, any marital property is distributed. If you have children, child custody and support will still be determined. Even though a Nebraska court grants the Legal Separation, you will not be permitted to marry anyone else until your current marriage is dissolved.

A Divorce dissolves the marriage permanently. Marital property is distributed, spousal support, custody and child support is also determined. There are situations where a divorce decree, the court order granting a divorce, can be modified. Alimony, child custody, visitation, and child support can be modified in the future if there has been a significant change in circumstances that did not occur when the decree was initially granted.

• Paternity-Establishing the biological father’s rights and obligations to a child when he is not married to the mother. Just because a person’s name is on a birth certificate does not necessarily mean that person has any legal rights when it comes to parenting the child. A paternity action, brought by the mother, father (with certain time limitations) and the state, can establish paternity.

In addition to establishing paternity of the child, a paternity suit determines custody, visitation and child support for the child.

• Modification of Decree–After a divorce decree or decree of paternity has been ordered, a party can request a change, or modification to the decree. In most instances, this means a change of custody, visitation schedule, or child support amount, but could also mean a change in spousal support. In requesting a modification, a petitioner has a burden of showing that a material change exists to merit a modification of the decree.

• Contempt Action–A contempt action is brought before the Court when a former spouse or co-parent is not obeying the provisions of the Decree. This usually occurs when a party is not paying child support or not allowing visitation of children, but can also be brought when a former spouse fails to take certain names off the title of ownership for loans and property.

• Protection Order–A person seeks a protection order if they are being harassed or are in fear of domestic violence. The filing of a protection order is usually done pro se (without an attorney) by going and filling out a form at the courthouse. Often times the issuance of a protection order brings no contact orders which strain child visitation schedules or even prevent a person from using a gun for hunting purposes. We represent clients in defending a protection order and fighting against one imposed on a client.

• Name Change–Adults may petition the court to legally change their name. Parents or proper guardians can request the name change of a minor child as well. The procedures for legally changing a name are fairly simple and straightforward and only require a short hearing.

• Guardianship/Conservatorship-In some instances, an adult may not be able to take care of themselves or the financial responsibilities due to incompetence, old age or disability. In these cases a conservator may be required to be appointed so that the incapable person is best represented. In cases where a parents’ rights have been terminated or the child’s parents are no longer living, a guardian must be appointed to care for the minor child.

• Step Parent Adoption–This is a process where a remarried parent may petition the court to request that her husband (the child’s step-parent) be allowed to adopt the petitioner’s child. This usually occurs when one of the biological parents has abandoned the child, died or does not care to be involved with the child’s life.

If you have a family law issue, contact Caldwell Law for compassionate legal care.