Divorce comes with a lot of unfamiliar language, and that alone can make the process feel harder than it needs to be. When legal terms start to pile up, having an experienced family law attorney by your side can help you make informed decisions, avoid confusion, and protect your future.
At ACW Law, we work with individuals and families across Lincoln, Nebraska, and throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County to make family law matters clearer and more manageable.
Our attorneys bring years of experience in Nebraska family law and focus on providing thoughtful, client-centered guidance. We understand that divorce is personal, and we take the time to explain what’s happening at every stage.
Let’s break down some of the most common terms you’ll hear during a divorce—and what they actually mean in practical terms.
Complaint for Dissolution
This is the document that starts the divorce process. In Nebraska, divorce is called a “dissolution of marriage.”
The complaint for dissolution is filed by one spouse (the Plaintiff) and outlines what they are asking for, such as:
Equitable division of property
Child custody arrangements
Child support and/or spousal support
Once filed, the other spouse (the Defendant) is formally notified and has a chance to respond.
Temporary Orders
Divorce cases can take time, and life doesn’t pause while legal matters are pending. That’s where temporary orders come in. These are short-term decisions made by the court to address immediate needs that could include, but are not limited to:
Who stays in the home
Temporary child custody and parenting time
Temporary child and/or spousal support
Temporary orders typically remain in place until a final agreement or court decision is reached.
Legal Custody vs. Physical Custody
If children are involved, custody is one of the most important topics in a divorce.
Legal custody refers to decision-making authority. This includes choices about education, healthcare, and major life decisions that affect your children.
Physical custody refers to where the child lives and the day-to-day care of the child.
Parenting Plan
A parenting plan is a detailed plan that outlines how parents will raise their children after divorce. It typically includes:
Parenting time schedules
Holiday arrangements
Communication guidelines
Decision-making responsibilities
Nebraska courts require a parenting plan in cases involving children. We help clients create plans that reflect their family’s needs and promote stability for their children.
Child Support
Child support is financial assistance paid by one parent to the other to help cover the costs of raising a child. In Nebraska, child support is calculated using state guidelines that consider:
Each parent’s income
The number of children
Parenting time arrangements
We work with clients to pursue fair support arrangements that reflect current financial realities and meet legal requirements.
Spousal Support (Alimony)
Spousal support, also called alimony, is financial support paid by one spouse to the other after separation or divorce. Not every case involves spousal support. When it does, courts consider many factors which may include:
The length of the marriage
Each spouse’s earning ability
Contributions to the marriage (including homemaking or childcare)
The goal is to reach a fair outcome based on each party’s circumstances.
Marital vs. Separate Property
Property division is another key part of divorce, and it starts with understanding what belongs in the marital estate.
Marital property includes assets and debts acquired during the marriage
Separate property includes assets owned before the marriage or received as gifts or inheritance
Equitable Distribution
Nebraska follows an equitable distribution approach to dividing marital property. This means property is divided fairly, though not always equally.
Courts may consider factors such as:
Contributions to the marriage
Economic circumstances of each spouse
Length of the marriage
Generally, Nebraska courts typically award each spouse between one-third and two-thirds of the marital estate.
Mediation
Mediation is a process where both spouses work with a neutral third party to resolve issues outside of court.
This can include discussions about:
Parenting Plans
Property division
Support arrangements
Mediation is required in all cases involving custody and parenting issues, if the parties are unable to reach an agreement. Mediation can save time and reduce conflict.
Settlement Agreement
A settlement agreement is a written document that outlines the terms both spouses have agreed to.
Once finalized and approved by the court, it becomes legally binding. This agreement may cover:
Property division
Custody and parenting plans
Child and spousal support
We review and draft settlement agreements to reflect your goals and protect your interests.
Trial
If spouses cannot reach an agreement, the case may go to trial. During a trial:
Both sides present evidence and arguments
Witnesses will be called
A judge makes the final decisions
While many cases are resolved before trial, being prepared for this possibility can strengthen your position throughout the process.
Nebraska Laws That Affect Divorce Terms
Understanding how Nebraska law applies to these terms can make a meaningful difference in your case.
No-Fault Divorce
Nebraska allows for no-fault divorce, meaning you do not have to prove wrongdoing. The court only needs to find that the marriage is irretrievably broken.
Residency Requirement
At least one spouse must have lived in Nebraska for at least one year before filing for divorce.
Waiting Period
There is a mandatory waiting period of 60 days after filing and successful service on your spouse, before a divorce can be finalized.
Best Interests of the Child
When making decisions about custody and parenting plans, courts focus on the best interests of the child, including but not limited to, stability, safety, and each parent’s involvement and relationship with the minor child.
Child Support Guidelines
Nebraska uses established guidelines to calculate child support, helping create consistency across cases.
We stay up to date on Nebraska family law so we can provide guidance that reflects current rules and expectations.
Why Understanding These Terms Matters
Divorce terms aren’t just legal jargon—they directly affect your life, your finances, and your family. When you understand what these terms mean, you can:
Make more informed decisions
Communicate more effectively during your case
Avoid misunderstandings
Feel more confident about your next steps
We take pride in helping clients feel informed and supported throughout the process, no matter where they are starting from.
Family Law Attorneys in Lincoln, Nebraska
At ACW Law, we support clients in Lincoln and across Lancaster, Gage, Saline, Seward, Otoe, Cass, and Saunders counties with clear, compassionate guidance through divorce. Our team brings extensive experience in Nebraska family law and takes a client-focused approach to every case. From child support to parenting plans, we’re here to advocate for your rights and help you move forward with confidence. Contact us today to get started.
