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Lincoln Legal Issues Blog

Financial issues to consider when getting a divorce

When a couple in Nebraska decides to divorce, there are many different financial issues to consider. For instance, if a marital home has to be sold, there needs to be a plan for splitting the proceeds from the sale. It may also be necessary to determine who will pay the balance on the mortgage if the property sells for less than it is worth.

A couple who incurred debt together while married is generally responsible for paying off those debts after they end their marriage. A divorce decree does not trump or otherwise change the terms of a contract between a debtor and creditor. If a former spouse was named as an authorized user on a credit card, it is generally a good idea to have that privilege revoked.

Nebraska police arrest 3 during drug raid

Police in Nebraska have charged three people with methamphetamine possession with the intent to distribute in connection with the search of a Jefferson County home on the morning of July 31. Media accounts indicate that officers from the Fairbury Police Department and Deputies from the Jefferson County Sheriff's Office were involved in the operation, which took place at a residence in Fairbury.

One of the suspects is a 27-year-old Fairbury man who allegedly attempted to flee the scene on foot when police arrived at approximately 7:20 a.m. to serve the search warrant. Deputies say that he discarded several items during a brief pursuit. The items were later recovered by deputies and contained a substance police believe to be methamphetamine. While initial reports did not reveal the amount of illegal drugs seized, deputies at the scene described the narcotics haul as sizable.

Importance of focusing on the right things during divorces

Some Nebraskans who go through divorces view the process in terms of winners and losers. It is important for them to understand, however, that no one wins in divorces. It is better for people to approach their divorce cases with their focuses on the future rather than on the past.

When people meet with their divorce attorneys and certified financial planners, they should be prepared to ask them important questions about their finances, whether they can close joint accounts, how they might divide assets in a way that will protect them the most and whether or not they should keep their homes or downsize to smaller residences.

Credit card fraud in Nebraska

Credit card fraud can be devastating for the victim, but also the perpetrator. With today’s technology, it’s easier than for information to be digitally stolen. One day, you could be purchasing bath towels online. The next day, another individual could be using the credit card information from states away.

If you are involved in credit card fraud, you may equally suffer financial loss, and more.

Children need both parents after a divorce

After a divorce in Nebraska or any other state, it is critical that parents do what is in the best interests of their children. This may include putting aside their own differences to make this happen. It is important to note that parents do not need to do this on their own. Parent coordinators can help them overcome conflicts such as how rigid a parenting plan should be or how to resolve other problems related to raising a child.

Those who are raising children after a divorce should understand that the child's other parent has value. Therefore, a child should have a relationship with both of his or her parents. This assumes that the other parent isn't abusing the child or otherwise putting a son or daughter in harm's way. If necessary, a parenting plan can help determine the extent to which each person has a relationship with a son or daughter after divorce.

Why children should learn about prenups early

Parents in Nebraska and throughout the country may want to have a conversation with their children about prenuptial agreements when they first start dating. By waiting until just before the wedding to introduce the topic, a parent could offend a son or daughter as well as the person he or she is marrying. By talking about the subject early, a child can learn that such agreements can be beneficial as opposed to detrimental.

As around half of all marriages in the United States end in divorce, having a prenuptial agreement can save time and money. All a person has to do is follow its terms to officially dissolve the marriage. If a parent wishes to transfer a large sum of money to a child, that money can be protected with a prenuptial agreement. Those who marry later in life can also protect their own assets by asking for such an agreement.

The relationship between summer and domestic violence

Researchers are attempting to find out if domestic violence is more likely to occur in Nebraska and elsewhere during the summer. One representative from the Spouse Abuse, Sexual Assault Crisis Center said that this is likely happening as there tends to be more people at the facility during the summer months. She cited an increase in drinking and people going out more to celebrate holidays as to why this could be the case.

The representative also said that partners may try to be more controlling over how people dress as the weather gets warmer. An officer from the Hastings Police Department provided official statistics: He said that about one-third of citations for domestic violence in 2017 occurred in May through August. According to the National Coalition Against Domestic Violence, about 33 percent of women and 25 percent of men have been victims of partner violence in their lives.

The consequences of underage drinking and driving accusations

In the state of Nebraska, the legal limit for drinking and driving is a blood alcohol content of .08 percent. However, this law only applies to those who are age 21 or older. For drivers who are under 21, any amount of alcohol in their system could result in serious legal consequences.

All states in the U.S. have zero tolerance laws. These statutes make it illegal for individuals who are under 21 to buy alcohol, possess alcohol or drive after consuming an alcoholic beverage. Under the National Highway Systems Designation Act of 1995, drivers in Nebraska who are under the age of 21 can be taken into custody if they have a BAC of more than .02 percent. Under this law, police officers do not have to prove that the underage driver was under the influence of alcohol as long as they were above this limit.

Hiring former inmates is mutually beneficial

For most released inmates, the prison bars extend to cover the front doors of any job they seek. According to a recent article, 640,000 people are released from prisons across the U.S. each year and only one third find employment within the first year. As research shows, employment goes a long way to prevent recidivism. Furthermore, those employed shortly after release have even better odds.

The statistics supporting immediate employment of former inmates as a means to reduce recidivism are staggering. In one study in North Carolina, the statewide recidivism rate was 40.7 percent. When a population categorized by police as “…violent offenders who were most likely to re-offend…” received immediate job placements out of prison, that number went down to just five percent.

The role of genetics in divorce

The odds that a Nebraska resident gets a divorce could be influenced by genetics. This is the conclusion of a study conducted by the American Association of Psychology. The study looked at 20,000 children and compared their rate of divorce with their biological and adoptive parents. It found that 20 percent of children divorced if their biological parents had also ended a marriage.

This was the case no matter what type of relationship a child had with the adoptive parent. However, researchers cautioned that children could also be influenced by what they see their parents doing. For instance, they may get into a certain line of work because it's what their parents did. External factors might also play a role in the type of life that a person lives.