Our Legal Blog

In this blog post, we debunk common myths about prenuptial agreements, clarifying misconceptions and explaining how these legal tools can benefit couples. From protecting assets to fostering open communication, discover why a prenup is a smart and practical choice for any marriage.

Being accused of a theft crime is a serious matter that can have lasting consequences on your life, reputation, and future. At VandenBosch Law, LLC in Omaha, Nebraska, our experienced criminal defense attorneys are committed to providing strong and effective legal representation for those facing theft charges. We understand the complexities of Nebraska’s theft laws and are here to defend your rights and work toward the best possible outcome for your case.  Understanding Theft Crimes in Nebraska Theft crimes involve the unlawful taking or use of someone else’s property with the intent to permanently deprive them of it. Nebraska law classifies theft offenses based on the value of the property stolen and the circumstances of the crime. Common theft crimes include: Petty Theft (Misdemeanor Theft) – This typically involves the theft of property valued at $500 or less. It is considered a misdemeanor and may result in fines, probation, or up to one year in jail. Grand Theft (Felony Theft) – Theft of property valued at more than $500 is usually charged as a felony. Penalties for felony theft can include significant fines, prison time, and a permanent criminal record. Shoplifting – This occurs when someone intentionally conceals or takes merchandise from a store without paying. Shoplifting charges can range from misdemeanors to felonies, depending on the value of the stolen items. Burglary – Burglary involves unlawfully entering a building or dwelling with the intent to commit theft or another crime. It is considered a serious felony offense. Robbery – Robbery is the act of taking property from another person through the use of force, intimidation, or threats. It is a violent crime and is prosecuted as a felony. Identity Theft – This involves the fraudulent use of someone’s personal information to commit theft or fraud, often resulting in severe penalties. Potential Consequences of a Theft Conviction A conviction for a theft crime in Nebraska can have serious consequences, including: Criminal Penalties – Depending on the severity of the offense, penalties may include fines, probation, community service, and imprisonment. Permanent Criminal Record – A theft conviction can result in a permanent criminal record, making it difficult to secure employment, housing, or educational opportunities. Restitution – In many cases, the court may order the defendant to pay restitution to the victim to compensate for the stolen or damaged property. Loss of Rights – Felony convictions can result in the loss of certain civil rights, such as the right to vote or possess firearms. Defenses Against Theft Charges At VandenBosch Law, LLC, we explore all possible defenses to fight theft charges and protect our clients’ rights. Some common defense strategies include: Lack of Intent – Intent is a crucial element in theft crimes. If we can show that you did not intend to permanently deprive the owner of the property, the charges may be reduced or dismissed. Mistaken Identity – In some cases, mistaken identity or false accusations can lead to wrongful charges. We work to gather evidence, such as surveillance footage or witness testimony, to prove your innocence. Consent – If the owner of the property gave you permission to take or use the item, this may be a valid defense against the charges. Insufficient Evidence – We carefully review the prosecution’s case to identify weaknesses or lack of evidence. If the evidence against you is weak or improperly obtained, we may be able to have the charges reduced or dismissed. Violation of Rights – If law enforcement violated your constitutional rights during the investigation or arrest, such as conducting an illegal search and seizure, we may be able to challenge the evidence in court. How VandenBosch Law, LLC Can Help Facing theft charges can be overwhelming, but you don’t have to navigate the legal system alone. At VandenBosch Law, LLC, we are dedicated to providing aggressive and personalized defense for our clients. Here’s how we can help: Comprehensive Case Evaluation – We thoroughly review the details of your case, examine the evidence, and identify any potential defenses. Negotiation and Plea Bargaining – In some cases, we may negotiate with the prosecution to secure a reduced charge or lesser penalty. Our goal is always to achieve the best possible outcome for our clients. Court Representation – If your case goes to trial, we are prepared to present a strong defense in court, cross-examine witnesses, and challenge the prosecution’s evidence. Protecting Your Rights – We ensure that your constitutional rights are protected throughout the legal process and fight to minimize the impact of the charges on your life. Contact VandenBosch Law, LLC for Skilled Theft Crime Defense If you or a loved one is facing theft charges in Omaha, NE, it’s crucial to act quickly and secure experienced legal representation. At VandenBosch Law, LLC, we are committed to defending your rights and fighting for a fair outcome. Contact us today for a consultation to discuss your case and learn how we can help protect your future.

When you visit a business, a friend’s home, or a public space, you expect to be safe from harm. However, unsafe conditions on someone else’s property can lead to serious accidents and injuries. If you’ve been injured on someone else’s property in Omaha, Nebraska, you may have a legal claim under premises liability law. At VandenBosch Law, LLC, we are dedicated to helping victims of hazardous conditions understand their rights and pursue compensation for their injuries.  What Is Premises Liability? Premises liability is a legal principle that holds property owners and occupiers responsible for maintaining a safe environment. When they fail to do so and someone gets hurt as a result, they may be held liable for the victim’s injuries. Premises liability claims can arise from a variety of dangerous conditions, including: Slip and Fall Accidents – Caused by wet floors, uneven surfaces, loose carpeting, or icy walkways. Inadequate Security – Leading to injuries from assaults or other crimes in poorly secured areas, such as parking lots or apartment complexes. Dog Bites and Animal Attacks – When property owners fail to control or restrain their pets, resulting in injury to visitors. Swimming Pool Accidents – Occurring due to lack of fencing, signage, or proper supervision. Falling Objects – Injuries from objects falling off shelves or from above in stores or construction sites. Structural Hazards – Such as broken stairs, faulty railings, or other unsafe conditions in buildings. Key Elements of a Premises Liability Claim To successfully pursue a premises liability claim in Nebraska, certain elements must be established: Duty of Care – The property owner or occupier had a duty to ensure the property was reasonably safe for visitors. The level of duty depends on the status of the visitor: Invitees – People invited onto the property for business purposes (e.g., customers in a store) are owed the highest duty of care. Property owners must regularly inspect the property and fix or warn of any hazards. Licensees – Social guests or individuals on the property with permission but for non-business purposes are owed a moderate duty of care. Property owners must warn licensees of known dangers. Trespassers – People who enter the property without permission are generally owed a minimal duty of care, though there are exceptions, especially when it comes to child trespassers. Breach of Duty – The property owner or occupier failed to maintain a safe environment or did not provide adequate warnings about known hazards. Causation – The breach of duty directly caused the injury. It must be shown that the unsafe condition was the proximate cause of the accident. Damages – The injured party suffered actual harm, such as medical expenses, lost income, or pain and suffering. Common Defenses in Premises Liability Cases Property owners often raise defenses to avoid liability, such as: Comparative Negligence – Nebraska follows a comparative negligence rule, which means that if the injured person is found partially responsible for the accident, their compensation may be reduced proportionally. If the injured party is found to be more than 50% responsible, they may be barred from recovery. Open and Obvious Doctrine – The property owner may argue that the hazard was so apparent that the injured person should have avoided it. Lack of Notice – The owner may claim that they did not know about the hazard and did not have sufficient time to fix it. Steps to Take After an Accident on Someone Else’s Property If you are injured due to hazardous conditions on someone else’s property, it’s important to take the following steps to protect your rights: Seek Medical Attention – Your health and safety are the top priority. Get medical treatment immediately, even if the injuries seem minor. Document the Scene – Take photos or videos of the hazardous condition that caused your injury, as well as the surrounding area. Report the Incident – Notify the property owner or manager about the accident and request a written incident report if possible. Collect Witness Information – If there were any witnesses to the accident, get their contact details. Contact a Premises Liability Attorney – An experienced attorney can help you navigate the legal process, gather evidence, and advocate for your rights. How VandenBosch Law, LLC Can Help At VandenBosch Law, LLC, we understand that premises liability cases can be complicated, and property owners often have legal teams working to minimize their responsibility. Our attorneys are here to level the playing field and help you build a strong case. Here’s what we offer: Thorough Investigation – We gather evidence, review medical records, and consult with experts to support your claim. Personalized Legal Strategy – Every case is unique, and we tailor our approach to meet your specific needs and goals. Aggressive Negotiation – We negotiate with insurance companies to seek fair compensation for your medical bills, lost wages, pain and suffering, and other damages. Court Representation – If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights. Get the Help You Need Today If you’ve been injured due to unsafe conditions on someone else’s property in Omaha, NE, you may be entitled to compensation. At VandenBosch Law, LLC, we are committed to helping you understand your rights and seek the justice you deserve. Contact us today for a consultation to discuss your case and learn how we can help you.

Facing deportation or removal proceedings can be one of the most stressful and life-altering experiences for individuals and families. At VandenBosch Law, LLC in Omaha, Nebraska, we are dedicated to providing skilled and compassionate legal representation for those at risk of deportation. Our experienced attorneys understand the complexities of immigration law and work tirelessly to defend our clients’ right to remain in the United States.  What Is Deportation and Removal? Deportation, also known as removal, is the legal process by which the U.S. government orders a non-citizen to leave the country. This process may be initiated for various reasons, including: Violation of Immigration Laws – Such as overstaying a visa, entering the country illegally, or failing to maintain legal status. Criminal Convictions – Certain criminal offenses can make a non-citizen deportable, even if they have legal status. Fraud or Misrepresentation – Providing false information on immigration applications or documents can result in removal proceedings. National Security Concerns – Individuals deemed a threat to national security may face deportation. Understanding the Removal Process The removal process typically begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA), which outlines the reasons for removal and requires the individual to appear before an immigration judge. The process involves several stages: Master Calendar Hearing – This is a preliminary hearing where the judge explains the charges and asks the respondent to plead to the allegations. It is also an opportunity to determine the next steps in the case. Individual Hearing – If the case proceeds, an individual hearing is scheduled, where both the government and the respondent present their evidence and arguments. The judge will then decide whether the respondent should be deported or granted relief. Appeals – If the judge orders removal, the respondent has the right to appeal the decision to the Board of Immigration Appeals (BIA) and, if necessary, to federal courts. Defenses Against Deportation Several defenses and forms of relief may be available to individuals facing deportation. At VandenBosch Law, LLC, we work closely with clients to explore all possible options, including: Adjustment of Status – If eligible, an individual may apply for a green card and adjust their status to that of a lawful permanent resident. Cancellation of Removal – This form of relief may be available to certain permanent and non-permanent residents who meet specific criteria, such as demonstrating good moral character and showing that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. Asylum and Refugee Status – Individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum. Waivers of Inadmissibility – Certain grounds for removal, such as a prior criminal conviction or unlawful presence, may be waived under specific circumstances. Voluntary Departure – In some cases, it may be beneficial for an individual to request voluntary departure instead of deportation, allowing them to leave the country on their own terms and potentially avoid future immigration penalties. The Importance of Legal Representation The U.S. immigration system is complex and ever-changing, making it crucial to have experienced legal counsel on your side. A skilled deportation defense attorney can: Evaluate Your Case – We assess the specifics of your situation to identify potential defenses and forms of relief. Gather Evidence – We collect and present evidence that supports your case, such as proof of family ties, employment history, or the danger you face in your home country. Represent You in Court – Our attorneys advocate on your behalf during hearings, cross-examine witnesses, and present legal arguments to support your right to remain in the United States. File Appeals – If necessary, we help you navigate the appeals process to challenge an unfavorable decision. Why Choose VandenBosch Law, LLC for Deportation Defense? At VandenBosch Law, LLC, we are passionate about defending the rights of immigrants and keeping families together. Here’s how we stand out: Experience and Expertise – Our team has extensive experience in immigration law and a deep understanding of the nuances of deportation defense. Personalized Approach – We recognize that every case is unique and develop tailored strategies to address each client’s specific needs and circumstances. Compassionate Support – We provide compassionate and non-judgmental support throughout the legal process, keeping you informed and empowered every step of the way. Take Action to Defend Your Rights If you or a loved one is facing deportation or removal proceedings in Omaha, NE, don’t wait to seek legal help. The stakes are high, but you don’t have to face this challenging situation alone. Contact VandenBosch Law, LLC today to schedule a consultation and learn how we can help you protect your future in the United States.

Divorce can be a complex and emotionally challenging process, particularly when it comes to financial matters. One of the key issues divorcing couples may need to address is spousal support, also known as alimony. Spousal support is designed to provide financial assistance to the lower-earning spouse after a divorce to help maintain a similar standard of living as before the marriage ended. In Nebraska, determining spousal support involves multiple factors, including the length of the marriage, the earning capacity of each spouse, and their contributions to the marriage. In this post, we’ll break down the basics of spousal support in Nebraska and what you should consider if you are seeking or contesting an alimony award. What is Spousal Support? Spousal support, or alimony, is a payment that one spouse makes to the other during or after a divorce. The purpose of spousal support is to help the receiving spouse maintain a reasonable standard of living and give them time to become self-sufficient. Alimony is not automatically granted in every divorce case—it is decided based on the specific circumstances of each couple. In Nebraska, there are three primary types of spousal support: Temporary Spousal Support Temporary spousal support is awarded during the divorce process to help the lower-earning spouse meet their financial needs until the divorce is finalized. This type of support is typically short-term and ends once the divorce decree is issued. Rehabilitative Spousal Support Rehabilitative support is intended to help the receiving spouse gain the education, training, or work experience needed to become financially independent. It is commonly awarded when one spouse gave up career opportunities to support the family or further the other spouse’s career. Permanent Spousal Support Although permanent alimony is rare in Nebraska, it may be awarded in long-term marriages or when the receiving spouse is unable to become self-sufficient due to age, disability, or other factors. Permanent support generally lasts until the death of either spouse or the remarriage of the receiving spouse. How is Spousal Support Determined in Nebraska? In Nebraska, there is no set formula for calculating spousal support. Instead, judges have significant discretion and consider a range of factors outlined in Nebraska Revised Statute Section 42-365 to determine whether support is appropriate and, if so, how much should be awarded. Some of the key factors include: The Duration of the Marriage The length of the marriage is one of the most important factors in determining alimony. Generally, the longer the marriage, the more likely it is that spousal support will be awarded. Shorter marriages may result in limited or no support unless there are compelling circumstances. Each Spouse’s Financial Situation The court will look at each spouse’s income, assets, debts, and overall financial circumstances to assess whether support is needed and how much the paying spouse can reasonably afford. Contributions to the Marriage Contributions to the marriage include both financial contributions (such as income) and non-financial contributions (such as raising children, maintaining the home, or supporting the other spouse’s education or career). The court will consider whether one spouse sacrificed career opportunities or education for the benefit of the family. Earning Capacity and Education The court will assess each spouse’s earning capacity, which includes current income, job skills, education, and work experience. If the receiving spouse has the ability to earn a reasonable income through employment or further education, the court may limit the duration of support.  Modifying or Terminating Spousal Support in Nebraska Spousal support is not necessarily permanent and may be modified or terminated under certain conditions. In Nebraska, either spouse can request a modification of support if there has been a substantial change in circumstances. Examples of changes that could warrant a modification include: A significant increase or decrease in either spouse’s income. Job loss or disability that affects the paying spouse’s ability to pay. Changes in the receiving spouse’s financial situation, such as remarriage or cohabitation with a new partner. A change in the cost of living or expenses. If the receiving spouse remarries, spousal support typically terminates automatically. However, in cases of cohabitation, the paying spouse must petition the court and present evidence that the receiving spouse’s financial needs have changed as a result of the new living arrangement. Tax Implications of Spousal Support The tax treatment of spousal support has changed significantly in recent years. Under the Tax Cuts and Jobs Act of 2017, for divorce or separation agreements finalized after December 31, 2018, spousal support payments are no longer tax-deductible for the paying spouse, and the receiving spouse does not have to report the payments as taxable income. This change has had a considerable impact on spousal support negotiations, as the paying spouse no longer receives a tax benefit from the payments. What to Do If You’re Seeking Spousal Support in Nebraska If you are considering seeking spousal support as part of your divorce, it’s essential to work with an experienced family law attorney who can help you build a strong case and advocate for your financial needs. Gathering evidence of your contributions to the marriage, your financial situation, and your future earning capacity is key to obtaining a fair support award. Defending Against Unfair Spousal Support Claims If you are facing a spousal support request that you believe is excessive or unjustified, an attorney can help you present evidence of your financial situation, your ex-spouse’s earning potential, and other relevant factors to argue for a more balanced outcome. How VB - Law Office Can Help At VB - Law Office, we understand that spousal support is a deeply personal and often contentious issue. Whether you are seeking support or contesting a claim, our team is here to guide you through the process and advocate for your best interests. We have extensive experience in family law and will work diligently to help you achieve a fair and equitable outcome. If you have questions about spousal support in Nebraska or need legal assistance, contact us today to schedule a consultation. We are here to help you navigate the complexities of the legal system and secure the financial future you deserve.

Navigating Divorce in Nebraska: What to Do After Being Served with Divorce Papers