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Lincoln Legal Issues Blog

Personality traits that lead to divorce

Many couples in Nebraska file for divorce every year. While marriages end for a variety of reasons, there are several personality traits that can make getting a divorce more likely.

Blowing small incidents out of proportion is called catastrophizing. Some people may even file for a divorce over a small disagreement. In many cases, the plaintiff who filed the complaint will realize that they were overreacting and request a dismissal. Over time, however, catastrophizing can lead to marital discord.

Possible defenses against drug possession charges

When people in Nebraska are taken into custody on drug charges, there may be a number of different types of defenses available to them. In some cases, the defense may deal with errors of procedure while the approach in other cases may be to refute testimony or other evidence presented as fact.

If evidence is obtained by violating a person's Fourth Amendment rights, charges are usually dismissed. These rights have to do with how the search that led to the seizure of the drugs was conducted. Charges may also be dismissed if crime lab analysis reveals that the substance was something other than drugs or if drugs actually go missing. The latter case may happen if evidence is transferred several times, and the defense should never assume the drugs still exist if they are not produced in court.

Can profession influence the decision to divorce?

The impact a person's profession has on their life, Nebraska residents might be surprised to find, includes the possibility of divorce. According to researchers, a person's profession and field of work can have an influence on the likelihood of that person divorcing and beginning a new relationship.

A study by Stockholm University researchers revealed that people who worked in professions involving a lot of socializing and encounters with the opposite sex, such as in the hotel and restaurant industries, had a higher probability of getting a divorce. The researchers also found that the risk of divorce in these types of industries was higher for men than for women. Additionally, education also played a role, as men with a college education were more likely to get divorce, while the inverse was true for women. Interestingly, professions such as librarians and farmers had the lowest risk of divorce.

How a lawyer can help you fight drug possession charges

Despite Nebraska’s ban the box legislation, drug possession charges can still taint your record and make it difficult to get accepted into employment and housing opportunities.

If you or a loved one are facing drug possession charges, it’s important to have a strong defense strategy. Here are a few of the ways a lawyer may be able to help you create your defense.

Marijuana arrests on the rise despite legalization

Law enforcement agencies in Nebraska and across the U.S. are making more marijuana busts, according to a report by the FBI. The arrests are increasing even though multiple states have legalized pot in recent years.

According to the report, there were 659,700 marijuana-related arrests in 2017, compared to 653,249 the year before. That calculates to approximately one pot bust every 48 seconds. Of the marijuana arrests made in 2017, 599,282 were for possession. In comparison, there were 587,516 marijuana possession busts in 2016. Arrests for pot manufacturing and dealing dropped from 65,734 in 2016 to 60,418 in 2017. Overall, pot busts accounted for 40.4 percent of all U.S. drug arrests in 2017.

Why and how to get a prenuptial agreement

Some Nebraska couples may resist the idea of a prenuptial agreement. People may be concerned it will upset their families, or they may not want to share private financial information about debt and bankruptcy. They might even think a prenup could increase the chances they will get a divorce. However, many experts believe that prenups can offer important protection in particular to people with blended families, in second marriages or in ownership of a business.

In all of these situations, a person may come into the marriage with significant assets. A prenup may protect them if the marriage ends in divorce. Business owners might be concerned about losing a company to an ex-spouse in a divorce, and a prenup could protect against that as well. If one person has a tendency to spend more than the other, the prenup can specify that neither person is responsible for the other's debts. If the couple has pets, the prenup may say who gets them in a divorce.

Divorce for older adults has financial, social implications

Nebraska adults who are 50 and older may be divorcing at higher rates than older people in previous generations. Since 1990, the divorce rate for people in that age bracket has doubled, and it is is three times higher than it was in 1990 for people 65 and older.

Experts have speculated about reasons older adults might be divorcing in rising numbers, tying it to the empty nest syndrome after children leave home or to retirement. However, in studies, there was not a correlation between divorce and these events. How satisfied people are with the quality of their marriage appears to be the main predictor of divorce, although there are several other risk factors. For example, first marriages are less likely to end in divorce than subsequent marriages. There is a 60 percent higher chance that a woman whose parents divorced will in turn get a divorce, and for men there is a 35 percent higher chance. Furthermore, the longer a marriage lasts, the less likely it is to end in divorce.

Preparation is key in child custody proceedings

For people in Nebraska who are preparing to go through child custody proceedings, the idea of going into the courtroom to argue the case can be daunting. Legal proceedings are intimidating, somewhat by design, but preparation can alleviate nerves. Parents should keep a few preparation tips in mind as they approach a child custody case.

It's a good idea to anticipate possible questions and prepare answers. A parent who has a young child and a full-time job, for example, might expect some questions about child care. The court might ask a parent who lives in a one-bedroom apartment where the child will sleep there.

Police step up DUI enforcement

Various Nebraska police agencies have noted that they are planning a strong crackdown on drunk driving as part of several initiatives that have seen widespread citations and warnings. Around St. Patrick's Day, Papillion police distributed 35 citations, and 10 days later, La Vista police announced three DUI arrests within one four-hour period. Law enforcement spokespeople have commented in media interviews and social media posts that they view drunk driving as a major danger on the roads.

Over the years, drunk driving statistics have gone down significantly as the laws have changed; the legal blood-alcohol concentration (BAC) has been lowered, penalties have been increased and ignition interlock devices are now installed on the vehicles of repeat offenders. In Nebraska, car accidents related to alcohol have dropped by more than half since the 1980s and 1990s. However, prosecutions are perhaps more intense than ever. While at one time police may have called a relative for a ride when they found a drunk driver, today there is a clear no-tolerance policy.

Challenging a drunk driving charge in Nebraska

For anyone charged for driving under the influence in Nebraska, the ramifications can include harsh penalties with potentially life-changing consequences. The state takes a hardline stance against impaired driving, meaning many charged with these offenses see no feasible way to fight the charges they face.

Skilled criminal defense attorneys and legal advocates know the steps to challenging a DUI/DWI charge in Nebraska to ensure accurate, fair disposal of the case. Losing a driver’s license, facing jail time and paying hefty fines are all possible consequences of a first DUI/DWI offense. Because of the severity of these punishments, it may be in your best interest to work with an attorney to challenge various aspects of the case.