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Lincoln Legal Issues Blog

Divorce and the children's education

Parents in Nebraska who get a divorce should be aware of the financial impact of a divorce, particularly with regard to paying for their children's college education. Divorcing parents should take certain steps to make sure that they will be able to provide the financial support their college-bound children may need.

It is important to be realistic about one's circumstances when planning. Child support intended for minor children, required alimony and any other payments that can be applied to a family's expenses generally take priority over funding for higher education.

Ways to make divorce less expensive

Most Nebraska residents walk down the aisle thinking that their marriage will last forever. The majority do not expect to find themselves in divorce court. However, statistics show that marriage ends in divorce for many people, and divorce often takes an emotional and financial toll on the family. Some estimates show the price of going through the divorce process ranges from $5,000 to well over $1 million.

The heavy toll divorce can take on a family's finances may be minimized if the divorcing parties educate themselves and prepare themselves for divorce. This includes selecting a lawyer by doing due diligence. After reviewing qualified attorneys, the divorcing individuals should have a face-to-face conversation with them or talk over the phone. It's important to pay attention to which lawyers are actually listening and which ones are not.

Can you go to jail for a first-time DUI?

Summer is almost here, bringing with it a slew of celebratory holidays. Many people commemorate Memorial Day and Independence Day with backyard barbecues or grilling out with friends in local parks or campgrounds.

Such gatherings often include a variety of alcoholic beverages, from homemade sangria to spritzers to good old-fashioned American beer. However, if you overestimated your tolerance level and are now facing DUI charges, you likely have many questions. Chief among them: Will you go to jail?

How joint custody may be beneficial for children and parents

Joint legal custody could be the right solution for some parents in Nebraska even if they do not share physical custody. Legal custody gives a parent the right to make decisions about major elements of the child's life. This includes the child's religion, education and healthcare. It is not uncommon for one parent to have physical custody of the child while the parent who has visitation rights also shares legal custody.

This is an arrangement that has benefits and drawbacks. Joint legal custody can go a long way toward bringing parents together in a functional coparenting relationship. For children, watching adults set aside their differences and work toward solutions can be beneficial.

The difficulties of leaving an abusive marriage

Nebraska residents may not be aware of just how serious of a public health problem domestic violence can be. In fact, across the country, it is estimated that a woman is assaulted every nine seconds. Further, it is estimated that 1 in 3 individuals experienced physical abuse by a romantic or intimate partner. Domestic abuse can cause the ending of a marriage to be difficult or even dangerous for some. In some cases, the anger, violence or financial abuse that occurred during the marriage could escalate throughout the divorce process.

While the situation can become so severe that a spouse may fear for his or her life, the attempt to financially control the spouse may not stop with the threat of physical or mental abuse. Some intimate partners may continue to attempt to financially undermine their spouses by harassing them at work or ruining their credit, which can prevent them from taking out loans. Some abusive partners take complete control of the finances, forcing their spouses to rely on them.

Custody options for unmarried parents

Much of the information on child custody and support focuses on parents who are getting divorced. But what if you were never married in the first place? What options do unmarried parents have?

The good news is that in Nebraska, parents are parents, regardless of their marital status. That means both parents have rights to seek custody, parenting time or child support. However, unlike divorcing parents, unmarried parents may need to jump through a few more legal hoops to establish these things.

The consequences of a barroom brawl

It was supposed to be a harmless night of watching the game down at your local bar. Unfortunately, what started as some good-natured trash talk escalated into an all-out brawl by the night’s end.

Now, you find yourself facing assault charges. And while this may feel unnecessary or unfair, you should not take these charges lightly.

Where does Nebraska stand on marijuana legalization?

As more and more states jump on the marijuana legalization bandwagon, it may leave you wondering where Nebraska stands on this issue. Currently, 29 states allow marijuana use for medical purposes, and nine have legalized recreational marijuana use.

Nebraska doesn’t fall into these ranks, and it seems it will stay that way – at least in 2018.

What happens if you refuse a breath test?

The internet has radically changed the way we consume and distribute information. Because of this, it’s also become a platform for a lot of misinformation. Nowhere is this truer than when it comes to defending against drunk driving charges.

A quick trip into the message boards may reveal that refusing a breath, blood or urine test is a surefire way to beat DUI charges. If you don’t give prosecutors definitive evidence, then you can’t be convicted, right?

Four facing drug charges after Nebraska traffic stop

On April 12, one woman and three men were taken into custody after a Nebraska State Patrol trooper allegedly found cocaine and marijuana in their vehicle during a traffic stop. The defendants face multiple drug charges.

According to authorities, the four defendants were pulled over for speeding on Highway 88. The trooper who executed the traffic stop claimed to smell marijuana coming from inside the vehicle and called for backup. Deputies from the Scotts Bluff County Sheriff's Office responded to the scene, and all three law enforcement officers conducted a search of the defendants and the vehicle. The search allegedly uncovered 76 grams of marijuana, 17 grams of cocaine, 2 grams of hash oil, two drug scales, two empty bottles of cannabis extract, a container with marijuana residue and $819 in cash.