Choosing a Lawyer
The first step
is to meet with an attorney for an initial consultation. Most attorneys charge for this service.
Don't underestimate the importance of hiring somebody you are comfortable with.
Legal representation is a personal service. It is important that you are confident in the attorney advocating for you.
Bring all of the documents you believe will be important
in determining the issues of your divorce. These may include a current mortgage statement, credit card bills, current auto
loan statements, and other documents. If you have already been served with a Complaint for Dissolution of Marriage, bring
that as well.
Commencing the Case
After you retain an attorney, he or she will file
a Complaint for Dissolution of Marriage on your behalf.
If
you have already been served with a complaint filed by your spouse's attorney, your attorney will file with the court a written
Answer to the Complaint. If you have been served, it is important that you retain legal counsel as soon as possible. You
have thirty days from the date you are served to file an Answer to the Complaint.
Temporary
Motions & Orders
Your attorney and/or opposing counsel
may file a Motion for Temporary Relief. If either side does so, you will have a hearing. These temporary hearings are
usually done by affidavits in the Judge's chambers. Only the attorneys and the Judge are present.
Some
typical requests for temporary relief include a determination by the Judge as to who will reside in the marital home
until the final Decree is entered, a determination of temporary spousal or child support, temporary child custody and parenting
time, and temporary restraining orders. The hearing for temporary relief will result in a Temporary Order by the
Judge regarding the issues raised at the hearing.
Preparing for
Trial
The trial preparation phase is also called the "discovery"
phase of litigation. Your attorney may serve the other side with Interrogatories and/or Requests
for Production of Documents. These are tools for obtaining sworn statements and documentary evidence for use at trial,
or to aid your attorney in reaching a fair settlement on your behalf.
Your
attorney may also issue subpoenas for third parties to obtain documents or testimony.
Depositions
are also commonly used. During a deposition, your attorney will ask questions of witnesses for the opposing side.
The witness oral statements are taken under oath by a court reporter. Opposing counsel will be present. Clients usually
attend depositions.
Settlement
During
the entire divorce process, your attorney may work to obtain settlement on your behalf. Occasionally,
attorneys will hold a settlement conference where the parties and their lawyers try to reach an agreement. Mediation
may also be helpful.
Trial
If
settlement isn't possible, a trial will be had. Both sides will present evidence, including documents and testimony, supporting
their position. In a divorce trial, the Judge is the decision maker. Juries are not used in domestic relations cases.
The trial will result in a Divorce Decree. The Decree can be appealed from for thirty days
after it is issued. You cannot marry anywhere in the world for six months from the date your Divorce Decree is issued.
If you Have Children
This article
does not cover divorce with children. Information on that topic is addressed separately. Be aware, however,
that the parties are required to comply with the Nebraska Parenting Act, which has multiple facets.
A Final Note on Legal Representation
This
article is not a substitute for legal advice from your attorney. It is meant as a brief overview of the process
to enhance your knowledge about and comfort with the basic litigation process.
A
good lawyer is a crucial support that you should not be without during this challenging time in your life.
