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Is a simple divorce possible with children in Nebraska?

| Sep 25, 2020 | Divorce |

Children are often caught in the middle of a Nebraska divorce. Issues like child custody, child support, parenting time and more will come to the forefront as the parents seek to end a marriage. Although there might be a perception of ongoing dispute and difficulty in any divorce and that it is worse if there are children involved, it is not necessarily guaranteed that a divorce with children will be contentious. It is possible to have a simple divorce even in these circumstances.

Knowing the requirements for a simple divorce with children

For there to be a simple divorce with children, the parents must be able to communicate and show flexibility. The custody and visitation agreement must be set and both must be willing to adhere to it. The minor children must have been conceived, born or adopted while the couple was married. At the time of the divorce, there cannot be a current pregnancy.

If there is real property or a business that one or both parties are operating, there cannot be a simple divorce. However, if the sides can agree to divide all other property without rancor, the simple divorce can proceed. Debts must also be negotiated and agreed upon as to which side is responsible for it and will pay it. There cannot be a retirement plan or pension either with the current employer or a previous employer. There will be no alimony as part of the agreement. The party who was served with the divorce papers – the defendant – cannot be in the military at the time.

Legal advice and representation is key even in a simple divorce

These rules will limit the number of people who can use a simple process to divorce with children, but it is an option for a significant faction of those who are trying to end a marriage. Couples might enter a divorce proceeding ready for an extended battle, but in many cases, there is room for negotiation. Coming to an amicable agreement is not only beneficial for the parents in a personal, emotional and financial way, but it is also positive for the children in that they are not watching their parents embark on a long and acrimonious fight. To use this simple divorce process with children, it is important to have legal advice from the start. A firm with experience in all areas of family law may be able to help.