Julie Fowler

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.

Nebraska

Since 2007

Attorney

Law Office of Julie Fowler, PC, LLO

Current

Creighton University School of Law

J.D.

Michael W. Amdor Memorial Excellence in Legal Research Award

Fourth Judicial District, Douglas County, Nebraska

2009

Nebraska Bar Association  # 23649

Attorney

2007 - Current

Q. How to file for divorce living in different states with agreed child custody and no assets?

June 16, 2025

A: If there isn't a prior custody order in place, then the custody case generally needs to be filed where the children have been residing the last 6 months. Thus, if the children have been residing with you in Nebraska for at least 6 months, then you would probably be able to file the custody case here.

Usually the custody case is filed as part of the divorce case. However, the rules as to where to file a divorce action are different from those regarding custody. It is possible that you are required to file a divorce in one state and the custody action in another state, although this is relatively rare.

Each state has their own requirements as to residency in order to file a divorce action there. In Nebraska, a spouse has to have lived in Nebraska for at least 1 year with the intent to remain residing in Nebraska at this time. Thus, if you've been living in Nebraska with the children for the last year, you can probably file your divorce action here in Nebraska and include the custody part of the case as part of the same divorce filing.

If you haven't met the one year mark, sometimes people file a legal separation in Nebraska so that they can get a temporary order of custody and support in place. Then, once the 1 year of residency is met, you convert the pending legal separation action into a divorce action. It stays within the same case number and you finalize the case as a divorce within the same case number. ... Read More

Q. Which state's guidelines apply to my child support payments after the order moved from CA to NE?

June 16, 2025

A: When a child support order is moved from one state to another, you get into a hold set of choice of law rules. Some of the rules of the new state apply and some of the rules of the original state still apply. Generally, the age of majority from the original order stays the same for child support purposes even if a parent moves to another state with a different stop date for child support. Thus, if the original order had child support terminating at 18 years old, then Nebraska generally still terminate the child support at 18 years old, even though support normally goes until 19 years old in Nebraska. You posted from New York and report the child lives in Texas. The order may need to be moved to the appropriate jurisdiction at this time if there is no longer a Nebraska connection. There are also exceptions to most rules so you would need to speak with an attorney about the specifics of your situation to get a specific stop date for your case. ... Read More

Q. Legal databases for consultant history checks in Nebraska

June 11, 2025

A: There are a number of databases to review a person's history that are available to the public. For example, the State of Nebraska has a website with information about obtaining a criminal background check, searching court cases, and searching for a person's driving record. All three of these services are available to the public, at least in a limited extent, for a relatively nominal fee.

https://www.nebraska.gov/clickBackground/

Depending on the specifics of the situation, there may also be other resources available, including reviewing if the person has had any reprimands if they are a licensed professional.