What are my rights if I want
to get married?
You must be at least 17 years old to get married with the consent of a parent. You must be at least 19 years old to marry without parental consent. You must apply for a marriage license. The marriage ceremony must be performed by an authorized person, such as a minister, priest, rabbi, or judge.
I have just been served with
papers saying that my spouse wants a divorce! What do I do?
You
should contact a lawyer right away if there are any issues about which you and
your spouse disagree. For example, if there is
any disagreement over child
custody, visitation, child support, division of joint property or division of
joint debts, you need a lawyer.
What are my rights if my
spouse wants a divorce?
Nebraska divorce law is
based on the principle of "no-fault divorce." This means that a
person need not assert specific grounds for
the divorce (such as
desertion, adultery, etc.) but need only show that the marriage is "irretrievably
broken" and that all attempts at
reconciliation have failed. One spouse must file a
petition to dissolve the marriage. There is a statutory waiting period of 60
days before the parties can go to court. During this time, the parties and
their lawyers try to resolve questions regarding child custody, visitation,
child support, and division of property and debts.
Do I have the right to have a
lawyer appointed for me?
No. Divorce is a civil
matter and the court will not appoint a lawyer for you even if you cannot
afford a lawyer. The Constitutional
right to a lawyer only applies in cases where a person
is charged with a crime where there is the possibility of imprisonment. The following web page has forms and
information to assist you. http://www.supremecourt.ne.gov/mediation/parenting-divorce.shtml
How
soon may I remarry after a divorce?
You
may remarry six months after the date the divorce decree has been file stamped
by the District Court Clerk, or if your former spouse dies, if sooner than six
months.
What rights do I have with
regard to child custody in a divorce?
Neither
the mother nor the father has any greater rights than the other parent just
because she or he is the father or mother. Child
custody
is determined based on what the court finds to be in the best interests of the
children. There are a number of factors that the court may look to in
determining what would be best for the children.
What is an annulment?
Annulment
can be obtained in situations where the original marriage was illegal: for
example, if either party was still married to someone else at the time of the
marriage in question. Annulment may also be available if one of the parties was
impotent or mentally ill at the time of the marriage, or if one of the parties
used fraud of force to coerce the other party into marriage. A marriage can be
annulled if the parties were too closely related to one another to be able to
marry under Nebraska law. The procedure for an annulment is the same as that
for a divorce, except that the annulment becomes final immediately upon entry
of the court order.
What is legal separation?
A
legal separation resolves all the issues of the marriage just as a divorce does,
including child custody, child support, visitation, and division of property
and debts. However, when the decree of legal separation is entered, the parties
are still married and may not remarry. The procedure for a legal separation is
the same as that for a divorce.
What are my rights regarding
my child if the child's other parent and I were never married?
Either parent is considered to be an appropriate person to have custody of his or her child, unless a court finds otherwise. If there is no court order identifying which parent should have custody, either parent can claim custody of his or her child. To guarantee that there is no misunderstanding regarding who is the custodial parent, some unmarried parents seek to have custody established through a court action. This is similar to the action taken to determine custody in a divorce case, except there is no divorce. If you wish to establish your custody, you need to be represented by a lawyer. Just as with custody arrangements in divorces, in relationships where one unmarried parent has custody, the other parent has the right to request visitation and has the duty to help support his or her child.