Nebraska Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

How soon can parties remarry after a divorce or annulment? For purposes of remarriage, other than remarriage of the same parties, those divorced in the State of Nebraska must wait 6 months after the divorce decree was rendered before remarrying (per Nebraska Revised Statutes Section 42-372.01).

§ 42-365 (Reissue 2016), the equitable division of property is a three-step process: (1) clas- sify the parties' property as either marital or nonmarital, setting aside the nonmarital property or nonmarital portion of the property to the party who brought the property to the marriage; (2) value the marital assets and ...

In Nebraska, assets that are accumulated during a marriage are divided equally. This means that people who were in long-term marriages are more likely to accumulate more assets than people who were in short-term marriages.

In Nebraska, either spouse can pay alimony. The judge will consider multiple factors, such as what each spouse contributed to the marriage (like child care and income earned), whether either spouse left a career for childcare, the level of care any children currently need, and how long the marriage lasted.

Under Nebraska law, the soonest a person can get a divorce is 60 days after papers are filed in Court. Realistically, the time is closer to 90-120 days.

To modify an alimony order, the person seeking to modify alimony must show good cause. Under Nebraska law, good cause is a showing of a material and substantial change in economic circumstances and is analyzed on a case-by-case basis.

A common way of determining the length of alimony in Nebraska is to award it for one year per every three years of the marriage. However, this is not a requirement. Additionally, if the dependent spouse remarries, then alimony is automatically canceled, even if it isn't the end of the designated payment term.

Factors which should be considered by a court in determining alimony include: (1) the circumstances of the parties; (2) the duration of the marriage; (3) the history of contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational ...

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Nebraska Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition