Nebraska - Cordell & Cordell
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State: Nebraska

Nancy Shannon

Ms. Shannon pursued family law because of the opportunity it gives her to assist clients in the most important facets of their lives – their children and their financial future. She communicates with her clients the strengths and weaknesses of her clients’ cases, equipping them to make strategic decisions that will give them the best chance for success. She is inherently curious, which has allowed her to understand all aspects of a case, as well as pursuing the best possible outcome for each of her clients.

“I bring my Midwestern values to my practice, which includes honesty, tenacity, and the desire to help my client to the very best of my ability,” Ms. Shannon says.

Male Client Receives Alimony; Cordell & Cordell Attorney Successfully Defends Appeal

Attorney headshot of Jamie KinkaidBy arguing the law had to be gender blind, Cordell & Cordell Omaha divorce lawyer Jamie Kinkaid successfully defended an appeal allowing her male client to receive an alimony award.

The Nebraska Court of Appeals ruled the lower court was reasonable in awarding alimony to the husband, Ms. Kinkaid’s client, not based on need but more so on the contributions to the marriage and disparity in income.

Opposing counsel argued alimony should only be based on need and that the husband earned a decent wage that was more than his living expenses. However, Ms. Kinkaid presented case law that evidenced the lower court was correct with the only difference being that of gender since her client is male.

“I think the case serves as a reminder that justice is actually blind to gender, as it should be,” Ms. Kinkaid said. “It should serve as a wake-up to men that asking for alimony should not be shameful or undignified. If the roles were reversed, your wife would ask for alimony and not blink at an award.”

If you are a man faced with divorce, don’t succumb to historically gender biased preconceived notions about what a male can be awarded in a divorce case. Contact a Cordell & Cordell divorce lawyer to discuss your options.

Scott Thibodeau

Omaha divorce attorney Scott Thibodeau’s favorite part of practicing law is guiding clients through a stressful time and taking that weight off their shoulders.

“Family law matters can be stressful, and I like being able to assist clients through the process,” he said.

Mr. Thibodeau is a clear and concise communicator, which helps as he works with clients to establish goals and as he explains their various options and the ramifications of certain decisions throughout the duration of the case.

“I am going to be with my clients every step of the way,” he said.

Nebraska Divorce FAQ: Divorce in NE

Nebraska divorce attorneys provide answers to frequently asked questions with regards to divorce and the divorce process in Nebraska.

Here are answers to frequently asked questions about divorce laws in Nebraska

Nebraska Child Custody Laws – FAQ

Nebraska family law attorneys provide answers to frequently asked questions with regards to Nebraska child custody and custody laws.

Who will get custody of our child in Nebraska?

You and your spouse can decide which of you will have custody of your children. In almost all cases, the non-custodial parent will be awarded a period of visitation with the child.

Typically, the parents of the child are awarded custody. However, the law provides for custody by grandparents and other third parties when circumstances warrant such an arrangement.

What is joint custody and what is sole custody in Nebraska?

In Nebraska, one party may have sole custody of the minor children or the parties may have joint custody of the children. Joint custody allows both parents to share legal responsibility for major child rearing decisions regarding upbringing, health, welfare, and education.

The rationale of joint custody is that the children benefit from continued and frequent contact with both parents.

Is Nebraska a 50/50 custody state?

Custody laws in Nebraska do not favor one parent over the other based on sex. Unless there are extenuating circumstances, they try to award 50/50 joint custody when possible.

If both parents share custody in Nebraska, who pays child support?

Yes, in Nebraska there will always be a payment unless the parents have the same income and spend the exact same amount of time with the child.

Who has custody of a child when the parents are not married in Nebraska?

Nebraska’s child custody laws treat parents the same regardless of their marital status. This means that both parents have rights to seek custody, parenting time or child support.

Can a parent refuse to allow visitation if child support is not paid?

Child support payments and visitation privileges are not tied to each other. If the custodial parent has not received child support payments, he or she cannot refuse the other from exercising any visitation rights.

At what age can a child choose which parent to live with in Nebraska?

Nebraska statues instruct the trial court to take into account a child’s preference as long as the child is of an age of comprehension and the child’s wishes and desires are based on sound reasoning. However, the child’s wishes merely are considered and not controlling.

Do grandparents have custody and visitation rights in Nebraska?

A grandparent will not be awarded custody unless the parents of the child are shown to be unfit and that it is in the best interests of the child that the grandparent has custody.

Nebraska statutes permit grandparent visitation if certain conditions are satisfied. A petition for grandparent visitation may be filed during the pendency of the dissolution or after the marriage has been dissolved.

The Court may grant reasonable visitation to the grandparents if it finds that there is, or was in the past, a significant beneficial relationship between the grandparents and the grandchild; it is in the grandchild’s best interests to allow such relationship to continue; and the grandparents’ visitation with the grandchild will not adversely interfere with the parent-grandchild relationship.

What is a parenting plan, and do I need one in NE?

It is a “blueprint” for how children are going to be co-parented after their parents have separated or divorced. A parenting plan will indicate how the day-to-day time with the children will be shared, and how holidays and vacation time will be shared.

Parenting plans can be developed by parents, attorneys or through mediation. If no plan is developed, the court will order its own parenting plan.

If my separation agreement includes custody/support can it be included in the divorce decree?

The standards for awarding custody of children and ordering support are the exact same in a legal separation and divorce. Therefore, a custody and support order from your separation agreement can later be included in a divorce decree.

What can I expect from temporary orders in Nebraska?

Nebraska statutes also authorize a court to enter temporary orders providing for the custody and support of children while their case is pending. The purpose of these orders is to provide continuing stability, to prevent a child’s removal from the state, to return the child to an appropriate custodian, and to protect the child from harm, neglect or abuse.

When will child custody be decided?

In a divorce case, child custody will be decided when the divorce is granted. The determination will either be by agreement of the parties or by the court upon evidence submitted at trial.

When can I modify custody in Nebraska?

Custody can be modified following the entry of the decree. In order for a modification to occur, the party seeking the modification must prove that the material change in circumstances has occurred.

What if we cannot agree on a custody arrangement?

A trial will be held and the court will determine the custody arrangement based on what it believes is in the best interests of the child.

What is an ex parte order?

Ex parte means that a party tells the court its version of events without the opposing party being given the opportunity to address the court. Ex parte orders may be awarded upon a verified pleading or affidavit and the finding that an emergency exists. An ex parte order does not fully satisfy an individual due process rights.

Therefore, the court must review a temporary emergency custody order within a short timeframe, at which time the other side has the opportunity to present his or her own evidence. The court will then continue, modify, or terminate the temporary emergency custody order.

How is child custody determined in Nebraska?

Nebraska statutory and case law state that all child custody decisions shall be determined on the basis of the best interests and welfare of the child. To assist in making its decision, the court will examine the parental fitness of each parent. Child custody will be denied to an unfit parent or a fit parent when the best interests so require.

The rulings by the Nebraska courts have indicated a two-step analysis is to be applied in child custody cases. First, the trial court will determine whether both parents are fit; second, if both are fit, the court will decide the custody arrangement that is in the best interests of the child.

The courts will look into a number of factors to enable them to determine what is in the best interests of the children.

What is visitation?

The non-custodial parent’s time with the child is commonly referred to as visitation. In most custody arrangements for children of divorce, one parent has more custodial time with the children and the other parent has less custodial time, also known as visitation.

Visitation refers, in other words, to the parenting time assigned to the parent with whom a child does not primarily reside.

In Nebraska, the non-custodial parent is most frequently awarded alternate weekends, sometimes one overnight during the week or another evening for supper, half of all major holidays, and special days such as Mother’s or Father’s Day and birthdays.

Can a judge order supervised visitation or no visitation in Nebraska?

Yes. The same principles apply to custody as to visitation in regard to the best interests of the child, parental rights, the child’s wishes, and the discretion of the court. If the court feels that supervised visitation or no visitation is in the best interests of the child, then the court will order accordingly.

What should I know before a custody trial in Nebraska?

If you have to litigate custody, your most important allies in court will be all the people who have observed you interact with your child. These potential witnesses include relatives, teachers, doctors, daycare employees, neighbors and friends.

Such witness testimony will be most helpful where the witness has seen your recent activities and interactions with your child, where the witness has made such observations over longer periods of time, and where you and the witness have also talked about your child.

Can I collect my own evidence to use if my custody case goes to court?

Yes and it is important that you play in active role in your custody case. It is certainly beneficial to your case that you collect your own evidence. This will enable your attorney to evaluate the evidence to determine its value and admissibility.

Do I need to use a Guardian ad Litem/Custody Evaluator in Nebraska?

The appointment of a Guardian ad Litem is discretionary with the court. A Guardian ad Litem is an attorney for the children and it is their role to advocate the best interests of the child.

Generally speaking, the appointment of counsel is an unnecessary extra expense and will delay cases. However, when the interests of the child and the parents are independent or may differ representation becomes necessary.

Will my child need to appear in court in NE?

Your child may not necessarily participate in the proceeding. The judge and your lawyers may all agree that appearing in court may be traumatic for your child or the child may be too young understand what might be asked of him or her.

What is the Parental Kidnapping Prevention Act?

The Parental Kidnapping Prevention Act of 1980 (PKPA) adopted by Congress establishes standards regarding appropriate exercise of jurisdiction over custody matters among the states.

Under the PKPA, home state jurisdiction is paramount. Due to the Supremacy Clause in Article VI of the U.S. Constitution, when there is a conflict between the PKPA and a state’s Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the PKPA as federal law overrides the UCCJEA.

What if my wife tries to move the kids out of state?

Following the issuance of the decree, to remove the child from the state the custodial parent must receive permission from the court. Therefore, it is wise to petition the court so you can seek permission to do so.

The Nebraska Supreme Court has stated that it is generally the best policy to keep minor children within the state. The reason of this is to maintain community and family ties, facilitate visitation between the parents, and it will aid in the court exercising jurisdiction over the children.

When determining whether a parent can move from Nebraska with the children the court will balance the best interests of the child and the legitimate needs of the parent, such as improved employment.

Can a parent change the child’s last name without the other parent’s permission?

No, the court must grant permission for the name change. The parent seeking the name change must show that the change would be in the best interests of the minor child. In making its decision, the court will consider whether the other parent consents to the name change.

If I have custody, will I receive child support in Nebraska?

The court will order that child support be paid to the custodial parent by the non-custodial parent. In Nebraska, child support payments are based on guidelines. These guidelines are adhered to by the court in the typical case, however, the court may deviate from the guidelines if good cause is shown.

Marital Property in Nebraska

When a person is getting divorced, he wants to protect as much of his accrued earnings and possessions as possible. The following example illustrates how marital property and inheritances are governed by Nebraska law.

Marital Property, Property Division, Assets And Divorce In Nebraska

The Story

Jack and Jill were married in 1979. When Jack and Jill got married, Jack had just purchased a ranch worth $100,000. At the beginning of their marriage, they titled the ranch in both parties’ names.

Throughout their marriage Jill has always worked outside the home as a teacher, though she has contributed to the ranch. The ranch is now worth $1 million. They bought a house together which is now worth $500,000.

In 1985 Jack’s mother passed away and left him an inheritance of $350,000 which he put into a bank account titled in his name alone. From this account he deposited $200,000 into Jack and Jill’s joint checking account. That left $150,000 in his “inheritance” account.

A week later he wrote a check from the joint checking account for $200,000 to purchase additional land for the ranch.

The Questions

Jack is ready to file for divorce from Jill, but he is worried about a few things. Can he get his initial $100,000 back? Will he be able to recoup the $200,000 he invested into the ranch from his inheritance? Is the ranch part of the divorce settlement when Jack is the person who did almost all the work? Does he have to split the $150,000 in the “inheritance” account?

Nebraska Marital Property Law

To answer Jack’s questions, a basic understanding of marital property and divorce law in Nebraska is necessary. Generally speaking:

Marital property is property that is acquired or accumulated by either party during the marriage.

Marital property does not usually include property acquired by one of the parties through a gift or inheritance.

If an inheritance is commingled with marital property, then the inheritance can only be deducted from the marital estate depending on the equities of the case and whether the inheritance can be identified.

The party who is claiming certain funds and property are not marital property has the burden to prove this issue to the judge.

In this simplified example the marital estate – the current value of the ranch and home and Jack’s “inheritance” account – is worth $1,650,000.

The Answers

Jack can show that when they were married he already owned the ranch which he bought for $100,000. At trial, he produces the original purchase documents. This allows $100,000 to be deducted from the value of the marital estate

Jack can trace the value of his inheritance which was put into the ranch through his bank records. At trial, he shows the judge a bank statement from his “inheritance” account, titled in his name only, with a deposit of $350,000 and then a withdrawal for $200,000.

He also shows bank statements from the joint account showing a $200,000 deposit and a copy of the $200,000 check written to the ranch. This allows both the $150,000 in the “‘inheritance” account and the $200,000 paid for the ranch to be deducted from the value of the marital estate.

The burden is now on Jack to show the court that Jill should be awarded no part of the increase in the value of the ranch. Because the value of the ranch increased during the marriage and was due in part to Jill’s contributions to the ranch, he will not be able to do this.

The Breakdown

The remaining marital estate value will be split by the judge with an amount of one-third to one-half being awarded to Jill. Exactly how much is up to the judge. The judge will try to award a value that is reasonable and fair, depending on the circumstances of the parties.

This is how the deductions look:

$1,650,000 Beginning Marital Estate value

–    100,000 Deduction for the original value of the ranch

–    150,000 Deduction for Jack’s “inheritance” account

–    200,000 Deduction for Jack’s inheritance used for the ranch

$1,200,000 Final value of the Marital Estate to be split

What Can You Learn?

First, keep inheritances titled separately. Do not commingle inheritances with jointly held funds unless you keep clear records as to how that money is spent.

Next, keep financial statements, bank statements, etc of what you owned when you got married. Take pictures of items of personal property. Make a list of what is yours. Put all of these items in a safety deposit box.

It will be up to you to show the judge why something is not marital property, so make it easy for the judge to see and understand.

Child Custody in Nebraska

Nebraska statutory and case law state that all child custody decisions shall be determined on the basis of the best interests and welfare of the child. To assist in making their decision, the courts will examine the parental fitness of each parent.

Child custody will be denied to an unfit parent or a fit parent when the best interests so require. The rulings by the Nebraska courts have indicated a two-step analysis is to be applied in child custody cases.

First, the trial court will determine whether both parents are fit; second, if both are fit, the court will decide the custody arrangement that is in the best interests of the child. The courts will look into a number of factors to enable them to determine what is in the best interests of the children.

Historically, some states invoked the “tender years doctrine” to adjudicate child custody disputes. The Nebraska Supreme Court has expressly rejected this doctrine, which contends that custody of children of tender years should be awarded to the mother because of the need for her innate nurturing skills.

Nebraska Child Custody Factors

While this doctrine has been rejected, this does not mean the trial court cannot take into account factors that may lead to this result. For instance, the court will attempt to make a determination of which parent is the primary caretaker of the child, which weighs heavily on the custody decision. This is particularly true if the child is a baby.

The primary caretaker is generally the parent that prepares and plans the meals; bathes, grooms, and dresses the children; disciplines the children; arranges social activities and medical care; and assists with their schoolwork.

An important factor that the trial court might also consider in awarding custody in Nebraska is the ability of each parent to care for the child. This factor might come into play when both parents are employed and they would require the assistance of grandparents and other relatives to care for the child. The court prefers parental care to care by others.

A parents’ history of mental illness or emotional instability will certainly be considered by the trial court when determining custody. A child’s exposure to a parent’s suicidal tendencies and potential mental disorders can certainly affect the child and should be considered when taking into account the best interests of the child.

Similarly, when alcohol or drug abuse affects the ability to care for the children or is apparent to the children, this will be taken into account.

The trial court will also consider the ability to continue existing relationships that are beneficial to the child when deciding custody. This can include ties with each of the parents as well as with relatives, playmates, and siblings.

The general policy is to keep the siblings together. For example, a Nebraska trial court split the custody of 8 year old and 16 year old sisters.  On appeal, the Nebraska Supreme Court found that the children had a “special relationship” of love and affection for each other and that the older child would assist in caring and nurturing the child. Accordingly, the Nebraska Supreme Court modified the trial court’s decree so that the two sisters had the same custodial parent.

Custody and Religion

In regard to the relationship between religious upbringing and custody determinations, the general rule is that the courts are impartial between religions and will not disqualify a parent because of religious beliefs. Nebraska courts have ruled that the custodial parent has a fundamental and constitutionally protected right to control the religious upbringing of the parent’s children and absent a showing that the particular religious practices creating an immediate and significant threat to the child’s well-being this right may not be restricted.

If it is shown that a parent’s religious beliefs threaten the health or well-being of the child, the courts can use this as a reason for denying custody or putting restrictions on custody.

Custody and Infidelity

A parent’s extramarital sexual conduct is not necessarily determinative but it may be a factor the trial court will consider in determining the best interests of the child. The key issue is whether the conduct has adversely affected the children or will have an adverse effect in the future.

The courts will consider whether the children were exposed to the activity, whether the relationship caused any neglect of the children, the duration of the relationship, whether the relationship is still continuing, and, if so, whether the couple plans to marry.

Child’s Preference and Custody

Under Nebraska law, the trial court will take into account a child’s preference as long as the child is of an age of comprehension and the child’s wishes and desires are based on sound reasoning. However, the wishes are only considered and not controlling. There is not a set age when a child can determine his custodial parent. Rather, the court will consider a variety of circumstances with the child’s wishes being one of them.

Unfortunately, during and following a divorce, parents frequently will turn the children into pawns and use them for their revenge. This behavior is harmful to the children and will weigh heavily against the parent engaging in such conduct. Therefore, it is important to not engage in such behavior.

Moving Out of State

Following the issuance of the decree, to remove the child from the state the custodial parent must receive permission from the court. Therefore, it is wise to petition the court so you can seek permission to do so. The Nebraska Supreme Court has stated that it is generally the best policy to keep minor children within the state.

The reason of this is to maintain community and family ties, facilitate visitation between the parents, and it will aid in the court exercising jurisdiction over the children.

When determining whether a parent can move from Nebraska with the children the court will balance the best interests of the child and the legitimate needs of the parent, such as improved employment.

Education Decisions

During or following a divorce, the parents will frequently disagree in regard to the schooling choices of their children. This often occurs when one parent wants the children to attend a private or religious school. The courts do not consider schooling choices in making custody decisions except when one of the choices will jeopardize the child’s mental health, safety, or well-being.

Instead, the parent awarded custody may determine the nature and extent of the child’s education unless there is an affirmative showing that the choices made will injure or harm the child’s physical or mental safety, well-being or health.

Types of Custody in Nebraska

In Nebraska, one party may have sole custody of the minor children or the parties may have joint custody of the children. Joint custody allows both parents to share legal responsibility for major childrearing decisions regarding upbringing, health, welfare, and education.

The rationale of joint custody is that the children benefit from continued and frequent contact with both parents and that both mothers and fathers have an important role in childrearing.

A popular misconception is that joint custody means equal time with each parent. For parents to have equal time with their children, the parenting schedule ordered by the court must provide for equal time.

A court may order that parents have joint custody of the minor children, but this does not mean that the parents will have equal parenting time.

Nebraska Resources

We’ve included some additional resources on Nebraska divorce and custody. We encourage you to take some time to go through these educational articles. When you’re ready, you can reach out to schedule a consultation with a Nebraska family law attorney at Cordell & Cordell to start working on your case.

Nebraska Divorce Process

A person places a wedding ring on a document, signaling a divorce action, with a pen in hand. The document rests on a dark wooden table.

If you file for divorce, you are the plaintiff, and your spouse is the defendant. Nebraska allows you to file a no-fault divorce, which means you do not have to allege grounds, such as adultery, to get a divorce.

Nebraska also has a waiting period of 60 days after your spouse was served before you can request a hearing, though this generally applies to uncontested divorces. In a contested divorce, your spouse will most likely file an answer and counterclaim, and you will have to provide disclosure of all assets and debts, which usually takes longer than 60 days.

Nebraska Residency Requirements

Nebraska has residency requirements for filing for divorce, including:

  • You or your spouse must be a resident of Nebraska for at least one year before you can file for divorce. However, if you married in Nebraska and have been married for less than a year but lived in the state the entire time you were married, the one-year residency requirement does not apply.
  • Should you wish to change your name to your former name, you must request it in the complaint for dissolution, or, if you are the defendant, in the answer and counterclaim.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in Nebraska

Because Nebraska is a no-fault state, you only need to allege that your marriage is irretrievably broken. You do not need to allege or prove grounds such as adultery or other reasons for divorce.

Related Article: The No-Fault/Fault-Based Divorce Debate

Nebraska Property Division Process

A wooden model house and a white car model sit near folded hands, with a gold ring and documents on a desk, suggesting themes of ownership and investment.

If you acquire property during the marriage, it is considered marital property unless it is:

  • A gift
  • An inheritance

Any debts, liabilities, and losses that were incurred during the marriage are also included in the property division with your assets unless the loss is non-marital property. In the case of debts, one party agrees to pay the debt and hold the other harmless from any liability related to that debt.

Nebraska follows the principle of equitable distribution, considering factors like income, spousal support, and education when dividing assets and liabilities.

Helpful Property Division Resources

If you and your spouse can agree on property division, you can minimize losses when dividing large assets, such as a house, and debt.

Nebraska Child Custody Laws

Nebraska looks to the best interests of the children when it makes child custody determinations. The court’s objective is to keep both parents involved in raising their children. Joint custody is always preferred unless there are extenuating circumstances, such as spousal and/or child abuse, one spouse being in prison, or substance abuse.

Nebraska also differentiates between physical and legal custody. Physical custody refers to the spouse the children primarily live with, while legal custody refers to the spouse who can make major life decisions for the minor children.

Related Article: Ten Things You Can Do To Sabotage Your Custody Battle

Nebraska Child Support

Both parents have a duty to support their minor children. Nebraska follows Child Support Guidelines based on both spouses’ incomes and the number of children involved. While both parties contribute to child support, the spouse who has the highest amount pays the difference to the other spouse.

Helpful Nebraska Child Support Resources

Understanding how Nebraska determines child support can reduce animosity between spouses, especially if the custodial parent doesn’t think they get enough or the non-custodial thinks they pay too much.

Nebraska Spousal Support

In Nebraska, spousal support (alimony) is not intended to equalize the incomes of the parties or to punish either spouse. Instead, it may be used to assist a spouse for a reasonable period to bridge the gap during a time of unemployment or to provide support while obtaining necessary training for employment. The court’s criteria for awarding spousal support is “reasonableness.” It looks at several factors when determining an award for spousal support, including:

  • Duration of the marriage
  • History of the contributions to the marriage by both spouses
  • Contributions to the care and education of the minor children
  • Interruption of personal careers or educational opportunities
  • The ability of the receiving party to engage in gainful employment without interfering with the interests of any minor children in the party’s custody.

Helpful Articles for Spousal Support

Learn more about what factors a court reviews when determining whether to award spousal support.

Why Work With Cordell & Cordell

Divorcing means major changes to your lifestyle, including the amount of money you have available to you. Depending on your financial situation, you may gain some income in the form of spousal support or you may have to pay your spouse child support and spousal support. Make sure your rights are explained to you and protected by working with family law attorneys at Cordell & Cordell.

Experienced Help for Nebraska Parents: We’re Here For You

At Cordell & Cordell, we explain your rights and help you through the divorce process, which can be complicated, especially if you have minor children and property. Contact our Nebraska office to schedule a consultation if you are considering filing for divorce or if your spouse has served you.

Jerrad R. Ahrens

Jerrad R. Ahrens enjoys helping others in difficult situations, particularly custody disputes. His most satisfying cases are when the father is awarded custody of his children.

“The norm is for the court to award the mother custody so it is always nice to be able to help a father stay as actively involved in his child’s life as possible,” Mr. Ahrens said.

Mr. Ahrens said he tries to be a calming influence for clients who find themselves in tense and complex situations. It is his job as a family law attorney to make sure his clients have a clear understanding of all potential issues and possibilities.

“This will enable you to make informed decisions and have an active role in your case,” he said.

Samantha F. Miller

Omaha divorce attorney Samantha F. Miller understands that the last thing a person needs who is in the middle of a divorce or child custody dispute is a lawyer that doesn’t listen to them or communicate. Her clients often comment on her ability to actively listen to their concerns.

“It is my place in his or her life during this stressful and emotional time to do what I can to give them stability,” Ms. Miller said.

Divorce is a confusing time for many people. It is often difficult to even determine what questions to ask during this chaotic process. Ms. Miller offers a reassuring presence during this transition and she is dedicated to using her education, training, and experiences to make her client’s situation less stressful.

“My clients can count on me to keep them informed and to know I am approachable,” she said.