The Law Offices of James A. Adams, P.C., L.L.O.
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Omaha Fathers' Rights Legal Blog

Social media posts can hurt men in divorce, separation cases

A previous post on this blog talked about how a careless social media post on Facebook or Twitter, or one written hurriedly or in anger, can came back to haunt a man who is trying to forge a relationship with his child through custody or parenting time.

To follow up on this post, social media posts can also affect a man's position in a dispute over property, spousal support and the like should he be going through a divorce, a formal legal separation or even just a an informal breakup.

What men fear most about getting a divorce

Men may not show their emotions easily, but there are common fears men encounter while facing a divorce. The thought of being single again can evoke negative uncertainty in both partners. However, the person who initiates the divorce is naturally inclined to have a greater sense of calm regarding the decision. Who initiates divorce most of the time anyway?

Most women complain about men not wanting to commit, yet studies show women as the predominate initiator of divorce. In fact, a study conducted by Stanford University showed nearly 70 percent of divorces were initiated by women. Although women encounter high amounts of difficulty in relationships, men appear to fare the storms much easier.

What you need to understand about custody as a father

As a father, you want what is best for your children. What is best for your children may seem clear to you, but when going through a divorce, you and your ex may disagree. Or the court might have a different opinion.

One thing that is clear is you want to remain in your children’s lives. You likely are wondering how custody is determined in Nebraska. Here is what you need to understand about custody, as you move forward with your divorce.

What federal law does, doesn't do with military pensions

Being close to a major Air Force base, Omaha is the home to many men who are in the service. The military is a great career for many husbands and fathers, as it offers the prospect of security as well as decent pay and benefits, particularly as one progresses through the ranks.

One of the more important benefits is that those who are in the military long enough are entitled to receive a retirement pension after they leave the service. When a soldier is married, this benefit, just like other retirement plans, is helpful to the man's family.

Capital gains another potential divorce tax consequence

A previous post on this blog talked about how dads in the Omaha area may obtain through a family court the right to claim their children on their tax returns, even if they do not have the children in their care most of the time. This is just one of many areas in which taxes touch on the subject of divorce and, for that matter, any sort of separation in which an individual is trying to untangle his or her financial and personal affairs from an estranged spouse or long-term partner.

In almost all divorce cases, but particularly in a high-asset divorce or separation, individuals should carefully examine all of the tax consequences that his or her decisions may have. Tax laws change frequently and are complicated to understand, especially in a time that is already stressful. Still, a mistake on a tax issue can cost a person thousands of dollars. This is why it is a good idea to speak both with a family law attorney and, as necessary, an accountant about tax issues before proceeding with a divorce.

Can I claim my kids on my income taxes?

The big part of fathers' rights entails a dad's being able to have a say in his children's lives and build up a relationship with them.

However, fathers' rights also include the right of a dad to share in some of the financial benefits of having children, and this includes claiming them on his income tax return. A father should not feel greedy for considering this, especially since the extra money in tax savings can help a loving and responsible dad better provide for his kids.

Can what I texted to my ex-girlfriend haunt me in court?

It can be very easy for a guy in the heat of a custody or parenting time dispute with the mom of his child to express his anger in the form of a text message or series of text messages.

While for some reason people naturally think of text messages as somewhat anonymous and here today, gone tomorrow, they are in fact permanent written records that can be saved. More importantly, the rules of evidence in Nebraska contemplate that they are fully admissible in court.

What are my rights as a father in Nebraska?

There's no denying a gender bias exists in the court system. Mothers have an advantage in a parenting-time dispute, and fathers still do not get a fair chance to exercise their rights as a father. The feeling of having to prove the mother is unfit reflects the history of fathers' role as breadwinners and mothers' as the homemaker.

Society is changing, and women are increasing their presence in roles typically held by men. In turn, more men are transitioning into the home and nurturer role. The court system, however, has unfortunately not kept up with the chagces in the workforce and in the home.

Report: Gender bias in custody cases is alive and well

Some residents of Omaha, Nebraska, may think that the old notion that a mother is, generally speaking, the best caregiver for a child is no longer relevant in parenting time and child custody decisions.

However, according to a relatively recent study that involved the opinions of several trial judges, that is, those who make important custody and parenting time decisions, gender bias in the courts is still a reality. On a practice level, this means that fathers who want liberal time with or even custody over their children may have to assume that they are fighting an uphill battle because they are men.

How do I put a value on my small business?

Many men in the Omaha area put a lot of blood, sweat and tears in to their own businesses, often simply because they are doing their best to provide for their families.

Sadly, at the end of the day, they may find themselves in the midst of a high-asset divorce or a long-term separation that seems to threaten their work.

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