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October 2012 Archives

HOLIDAY VISITATION PLANNING

For many people, holidays are fun and memorable times to spend time with family and friends.  However, if you are separated or divorced, the holidays can be a stressful time of year.  You should be proactive and review your holiday parenting time schedule so you are aware of the dates and times the children will spend with you for the upcoming holidays. It is important to communicate with the other parent well in advance, before holidays plans are finalized and it is helpful to send a confirmation of the holiday schedule so the plans are clear to everyone.  If your children live with the other parent, review the children’s school schedule so you are aware of when the children are released from school for the holiday breaks and when the children return to school.  If both parents want to deviate from the court ordered holiday schedule to accommodate special family plans, you may be flexible and share each holiday as long as both parties agree with the revised schedule. If you are separated, do not have a parenting plan in place or if you need assistance with holiday parenting time or other family law matters, contact our office to schedule an appointment with our experienced family law attorneys.

Judge Evaluation and Judge Retention Ballot

The Nebraska State Bar Association tabulated evaluations from Nebraska attorneys regarding the performance of judges in Nebraska.  This evaluation provides a detailed analysis for voters to use to decide if the judges should be retained at the upcoming election.  The lawyers used a five-point scale to rate the judges on several aspects of their performance. Click the link below to see the 2012 evaluation prepared by the Nebraska State Bar Association: 2012 Evaluation Click the link below to see the judges who are up for a retention vote this year: State Judges Retention Ballot

The Lawyer's Role in a Divorce

Nebraska is one of the states which has "no-fault" divorce.  It is not necessary to prove that one spouse is responsible for the breakdown of the marriage, nor does the court explore in any detail why the marriage has broken. In fact, the court will rarely permit you to offer testimony regarding fault.  This means that the court may dissolve a marriage whenever it determines that it is irretrievably broken, and that all reasonable efforts of reconciliation have been made. The lawyer will represent the client's best interest by serving as an advocate and negotiator. They will also provide guidance through the procedure and the filing of all court documents. When you contact our firm, we will schedule an initial consultation.  At the meeting, your lawyer will provide you with an overview of the divorce process, obtain information about your case, and offer advice regarding your situation. After you have retained our firm, your attorney will draft all necessary documents to be filed with the Court and attend  hearings scheduled in your case. After the Complaint is filed and the other party is served according to the law, your attorney will begin the negotiation process by gathering financial information and determining an equitable distribution of debts and assets.  If there are children involved, the attorney will also advocate for you regarding the matters of custody, parenting time, and child support. For more information on divorce, see our Divorce and Family Law Page or contact McHenry Haszard at 402-476-2200.