Julie Fowler

Julie Fowler

Divorce and Custody - Affordable Representation
  • Divorce
  • Nebraska
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Biography

Nominated one of "10 Best" Attorneys for Nebraska by the American Institute of Family Law Attorneys in 2015. Winner of Michael W. Amdor Memorial Excellence in Legal Research Award.

Education
Creighton University School of Law
J.D.
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Professional Experience
Attorney
Law Office of Julie Fowler, PC, LLO
Current
Awards
Michael W. Amdor Memorial Excellence in Legal Research Award
Fourth Judicial District, Douglas County, Nebraska
Professional Associations
Nebraska Bar Association  # 23649
Attorney
- Current
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Jurisdictions Admitted to Practice
Nebraska
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Practice Area
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Languages
  • English: Spoken, Written
Legal Answers
Q. No-fault divorce asset division and enforceable agreements in Nebraska.
A: Many divorce actions are uncontested. You still have to file the same court process, but you don't have to go to trial when both parties are in agreement. In general, you file your complaint for dissolution of marriage with the Court. The spouse waives being served by signing a voluntary appearance. There is a 60 day mandatory waiting period in Nebraska. Thus, even if you are and your spouse in agreement regarding all the terms, you have to wait until at least 60 days after the voluntary appearance is signed before the Judge can sign your divorce decree. However, if you two are in agreement on all the terms, you can submit your divorce decree after the 60 days are up. Some judges will accept a hearing waiver so that you don't have to ever appear in court. Other judges require that you appear at a quick hearing to submit your divorce decree.

You aren't required to have an attorney to help you with your divorce action. However, you are still held to following the court rules whether you have an attorney or not. If you have real estate, you will want to make sure that the Decree includes terms specific as to how the real estate is to be divided or awarded and that it includes the timeframe required to refinance the mortgage if it is a joint mortgage. You will also likely need to file a Quit Claim deed to make a clean title record after the Decree is entered. It sounds like you have assets worth protecting, so you should retain an attorney to help you draft your documents properly, even if you two are in agreement.
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Q. How do I file a California divorce decree in Nebraska?
A: What you need to do depends on what purpose you are wanting to the State of Nebraska to recognize a California court order. Most of the time, the terms in the order remain in place and effective without registering the order in the new state.

If there is a custody or child support involved, you may want to consider registering the order in the new state if you want to modify the terms of the order. However, generally the new state won't accept the registration if the other parent remains residing in the state that entered the original order.

If all parties have moved from California, you can generally file a registration of the order in the state where the minor child is now residing, assuming you had court permission to move the child out of state. To file a registration action, you generally file the registration action with the Court and then submit an order of confirmation after the other party doesn't object to the registration within the 20 day period to object. The specifics as to how to do this depends on what you are trying to register and the purpose. You can register an order for enforcement purposes only or for modification and enforcement purposes and the process is slightly different.

If the divorce decree only addressed property, then it would be unusual to have a need to register the order in the new state and generally you would not be able to register the order in the new state. The original state would continue to handle enforcement provisions if the property in dispute is still located in California.

You should speak with an attorney about your specific needs as to how best to proceed with a registration action in your specific situation.
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Q. Am I required to pay for my child's car insurance despite different vehicle arrangements?
A: It depends what your court order says. If you have joint physical custody, you likely have some provisions about sharing certain expenses for your teen. This often, but not always, includes car insurance if the teen is driving.

If you allowing the teen to regularly drive a different vehicle, then you are likely required to add the teen to your vehicle insurance or you risk being denied coverage if there is an accident. If the teen is regularly driving a vehicle in your possession, then you likely have teen vehicle insurance costs as well. If the Court order requires you to share in their teen insurance costs, then it likely requires the other party to share in your teen insurance costs as well.

Insurance for teens is often pricey. It sounds like you two may need to do a coordinate approach to make sure the teen has appropriate coverage while driving and then try to reach an agreement as to what the order says as to who pays what for these costs. There may be a more economical solution then each party have a separate policy for their teen.
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Websites & Blogs
Website
Contact & Map
Law Office of Julie Fowler, PC, LLO
7777 L Street
Omaha, NE 68127
US
Telephone: (402) 455-1711
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed (Today)
Sunday: Closed
Notice: No walk-in appointments available. Please call to schedule an appointment.