FILING FOR DIVORCE: Events can happen somewhat quickly at the initiation of a divorce or dissolution proceeding. The person who files the action is called the petitioner. Once the petitioner files the action, the other party (the respondent) is either served by the sheriff or the respondent will sometimes sign a Voluntary Appearance to commence the action. A short time later there is often a hearing called a temporary hearing that will often decide the issues of temporary custody, temporary visitation, temporary child support, etc. This temporary arrangement will usually remain in place until there is a final hearing or a trial in the case. It is important to have representation at the temporary hearing.

IS THERE AN ADVANTAGE TO FILING FIRST? The answer to this question depends on the nature of the case being filed. In hotly contested cases, there is an advantage to being the first to file. Being the first to file allows you to be the petitioner and at the final hearing this status allows you to present your evidence first. This is an advantage because the petitioner gets to make the first impression with the Judge.

WHAT IS JOINT CUSTODY? In Nebraska, there are two aspects to custody, a legal or decision-making aspect and a physical or possessory aspect. Joint legal custody means that both parents get to share in the major decision making for the children. Joint physical custody means that the parents are going to share the physical possession of the minor children. Shared physical possession does not require each parent to have the children 50% of the time. Joint legal custody does not generally have an impact on the child support calculation. Joint physical custody DOES generally have an impact on the child support calculation.