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Do I Get a Say? A Child’s Role in Nebraska Divorce.

The Role of the Child in Custody Disputes

Most divorcing parents worry about how their divorce will affect their children. The divorce process involves a lot of emotion, as well as the division of the family home. If the divorce also includes a contested custody dispute or allegations of abuse or neglect,
it can be especially tough on the kids. Fortunately, in some cases, children are allowed to state their preference regarding custody and, in shared parenting cases, which parent they would like to serve as primary residential parent.

The Best Interests of the Child Standard

Like other states, Nebraska courts determine custody arrangements based on the “best interests” of the child as set forth by Nebraska Revised Statute Section 43-2923. When deciding how custody and parenting time should be awarded, Nebraska courts look at a number of factors, including:

• The child’s relationship with each parent;
• The child’s wishes;
• The child’s health, well-being, and social behavior;
• Any evidence of abuse in the home; and
• Any evidence of child abuse or neglect or abuse of a domestic partner.

Under Nebraska law, a child’s chronological age is unimportant when it comes to his or her ability to state a preference with respect to custody. The statute simply states that a child must “be of an age of comprehension.” Whereas one case might feature a remarkably mature five-year-old who can clearly state her wishes, another case might involve a 12-year-old who struggles to articulate a preference. A child must have the ability to comprehend what he or she is being asked to decide before the court can take the child’s wishes into consideration.

The Pressure to Pick One Parent over the Other

Some child psychologists and other experts who frequently deal with […]

By |October 8th, 2014|Uncategorized|0 Comments

Home Valuation Methods in Divorce

Dividing the Marital Home

For many divorcing couples, the family home is their largest asset. If they are fortunate enough to possess equity value in their home, they must find a way to divide it. In some cases, one person decides to remain in the home and pay the other spouse his or her share of the equity in a lump sum or payments. Because most people are unable to produce a large sum of cash, many couples end up selling the family home when they divorce. Selling is also common in divorce due to the reality of downsizing when going from two incomes to one or struggling to maintain a large family home on a single income.

Whether you’ve owned your home for two years or twenty, it’s important to know exactly how much it is worth before you begin negotiating with your spouse. There are several ways to approach home valuation in divorce as set forth below.

Assessor Valuation

Your county assessor is the local authority in charge of determining real property values for tax purposes. The majority of assessors publish real estate values on the Internet, which makes it convenient to look up your home’s current value online. Use caution when consulting your assessor’s valuation, however, as the assessor may not have the most accurate number in its database. For example, the assessor’s office is unlikely to know if you refinished your basement or installed a new kitchen. The assessor’s value might be good enough, though, if you have only lived in your home a short time and have made no significant improvements.

Real Estate Agent Valuation

Real estate agents can perform a market analysis of your home, which includes comparing your […]

By |September 17th, 2014|Uncategorized|0 Comments