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Lincoln Legal Issues Blog

Two men charged with forgery crimes in Nebraska

A 26-year-old man and a 21-year-old man have been detained in Nebraska for alleged forgery and theft. The 26-year-old man was pulled over by a Grand Island police officer during a routine traffic stop. The officer noticed an alleged odor of marijuana and asked the man for identification. According to police, the man handed the officer a driver's license issued in the state of Washington. After being questioned, the man admitted that the license actually belonged to his brother.

The man told police he was using the license because his license had previously been suspended. Upon further investigation, it was discovered that the man had used his brother's identification to open a checking account at the Union Bank and Trust. Upon searching the vehicle, several checks were found that were allegedly forged using the brother's name. The brother later said that the checks and identification were stolen from him.

How to handle the holidays after a divorce

There are many parents in Nebraska who are worried about how to handle custody issues during the holidays. Considering the family traditions that are often involved with the season, this is understandable. To prevent major issues from occurring, parents should work out the logistics of who will spend the holidays where.

There are also a few other points parents should keep in mind. First of all, it's important to always prioritize the children. No matter what feelings parents may have toward one another, they should keep conflict to a minimum. This might require finding a professional to help work out those feelings or talking to friends or family members. Some parents may be tempted to keep the children from the other spouse because they are angry about the divorce. However, it is the children who will be hurt the most by this.

The cost of a Nebraska DUI

You're already aware that drunk driving is illegal. There is no shortage of reminders that patrols are watching for people who have been drinking before getting behind the wheel.

The surprise typically comes when it's time to deal with the consequences. There is a lot more to dealing with a DUI charge than a common traffic violation. It isn't one of those things where you can pay a fine and go back to your life the way that it was.

Parenting plans depend on how well exes get along

Despite all the turmoil a divorce brings, separation is often in the couple's best interests. Those with children in Nebraska, however, will have additional considerations. While it's better for the exes to get along for the sake of the kids as everyone makes the transition to a new life, this can be quite a challenge.

If the couple can, for the most part, communicate openly and without animosity, it is possible to establish a co-parenting plan. Together, the couple will not only reach agreements on the big picture issues such as religion, medical and educational decisions but also on day-to-day living. If communication channels are not open, relationship experts suggest a parallel parenting plan instead. In this structure, the exes are disengaged from each other in regards to the kids' daily lives. However, such an arrangement still depends on a consensus on the major issues.

A look at the birdnesting trend for children of divorced parents

When parents in Nebraska decide to end their marriages, they naturally want to limit distress and disruption for their children. A relatively new concept known as birdnesting has gained attention because children stay in the marital home instead of traveling between two parental households. One parent at a time stays in the children's home according to the custody schedule. The parents maintain a separate apartment, and they split their time individually between the children's home and the apartment. From the children's point of view, their lives remain largely the same because they stay in the same neighborhood and school district all of the time.

In the opinion of one family therapist, the birdnesting strategy has the potential to ease children's shock and help them transition to the reality of divorced parents. She only considers it appropriate for the short term. If parents birdnest beyond three months, she believed that children might become hopeful that their parents would reconcile.

Parents struggle with child custody and support concerns

For parents in Nebraska who decide to divorce, dealing with child custody and support can be emotionally painful as well as logistically difficult. Few parents want to give up on precious time with their children, and for people who are estranged from their former partners, the co-parenting relationship can be difficult. While some parents can amicably develop an agreement for parenting time, struggles over child custody might continue. In many cases, both fathers and mothers feel that they have not been treated fairly in family court.

While joint or shared custody is on the rise as a standard nationwide, mothers have primary custody in around 80 percent of cases. However, in many of these situations, the father is not actively involved or at least has not sought child custody of his own. When fathers do seek custody in court, they have a far greater chance of being successful. However, the drive to seek more custody can also conflict with the demands of a full-time job, especially when the parent also needs to pay child support.

Staying financially stable after a divorce

Recently divorced Nebraska residents should make sure that they don't make irrational choices with their money. One reason is that there may not be enough money to buy a car or make other discretionary purchases on a single income. While it's possible to take money from a retirement or brokerage account, doing so can result in a significant tax bill.

A person may be required to pay alimony or child support after a divorce is finalized, which may further erode that individual's spending power. However, it's a mistake to quit a job in an effort to avoid making those payments. At a minimum, losing a steady paycheck will further exacerbate an individual's ability to pay bills or save for the future. Additionally, quitting a job to not pay alimony can result in spending more time in court and more money on legal fees.

Traffic stops lead to drug and cash seizures

The Nebraska State Patrol have reported that a series of traffic stops on Oct. 25 led to the seizure of about 160 pounds of marijuana and products containing THC. Troopers say that they also discovered $216,000 in suspected drug money. The traffic stops all took place on Interstate 80 near Roscoe.

The series of events began when two Indiana residents were taken into custody after the Ford Explorer they were traveling in was pulled over for speeding at about 11:30 a.m. Troopers say that they found large amounts of cash in the SUV that the men were unable to properly explain. A third Indiana man was charged after his Toyota Corolla was also pulled over for speeding and troopers determined that the two vehicles had been traveling together.

Common prenuptial agreement misconceptions and myths

From selecting the cake to sending out invitations, there are many things couples in Nebraska have on their pre-wedding to-do list. Yet many soon-be-spouses fail to consider the possibility of including a prenuptial agreement as part of their pre-wedding plans. Part of the reason for this is because of some of the lingering misconceptions and myths associated with such agreements. For starters, it's commonly believed signing such a document means a marriage is doomed. However, 86 percent of mental health professionals surveyed by a relationship site said this isn't so.

Also contrary to popular belief, prenups aren't only for instances where one party wants to protect their wealth should a marriage end in divorce. All types of assets can be included. Determinations can also be made with things like debt responsibilities, future alimony arrangements, and even who would get the family pet if the knot is untied. And while "anything" can be included in a prenup, stipulations that are unreasonable or clearly one-sided may be invalidated. Pre-marriage agreements can also go beyond divorce-related issues to cover estate planning details and financial expectations.

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.