Skip links

Johnson and Pekny, L.L.C.

Serving Omaha, Plattsmouth & Blair

Main navigation

Firm News

Jaclyn Duffy is now licensed to practice in Nebraska

We are excited to announce that Jaclyn Duffy is now licensed to practice in Nebraska. She is accepting clients for bankruptcy, estate planning, probate, family law, juvenile law, and criminal defense.

Jaci received her Juris Doctorate from Creighton University School of Law in 2012 where she focused on trial practice and public interest law. Jaci practiced immigration law for a non-profit in Omaha, Nebraska before moving into private practice in Southwest Iowa in 2014. Jaci’s Iowa practice spanned six counties and focused on criminal defense, family law, juvenile law, and immigration law.

Jaci joined Johnson & Pekny as an attorney in 2024. Her practice focuses on bankruptcy, estate planning, probate, family law, juvenile law, and criminal defense. Jaci has successfully litigated family and juvenile law appeals before the Iowa Court of Appeals and has extensive courtroom experience, including both criminal jury trials and civil bench trials.

Jaci is a mother to seven, a Byzantine chanter, and a member of the choir and Parish Council at St. Mary’s Antiochian Orthodox Church.

If you are seeking representation in Washington, Douglas, Sarpy or Cass County, Nebraska. Please contact our offices at (402) 298-8288 to schedule a free consultation with Jaci.

Tony Hernandez Now Accepting Iowa Clients

Tony Hernandez is now licensed to practice in Iowa

We are excited to announce that Tony Hernandez is now licensed to practice in Iowa. He is open to clients for their family law, criminal, and juvenile needs.

Tony received his juris doctorate from the University of Nebraska School of Law in 2012 with a concentration in alternative dispute resolution. He served as a county attorney with the Douglas County Attorney’s Office for nine years. During that time, Tony prosecuted juvenile crimes and child welfare matters, primarily focusing on sexual assault and child sexual abuse.

Tony’s extensive experience includes both trial and appellate litigation at the Nebraska Court of Appeals and the Nebraska Supreme Court. He joined Johnson & Pekny, L.L.C. in 2023, and practices with an emphasis on criminal defense and family law.

Mediation Services

​Tony is also an experienced mediator. He has conducted successful mediations involving medical malpractice, parenting plans, property distribution for divorces, mortgage defaults, and small claims. Mediation gives clients an opportunity to resolve their differences. Tony acts as a neutral party to facilitate discussions that can assist parties in reaching mutually-agreeable answers. He is available to assist clients in negotiating:

  • Parenting Plans
  • Division of Property
  • Workplace Dispute
  • Neighbor Conflict
  • Personnel Issues
  • Personal Injury
  • Breach of Contract
  • Landlord-Tenant Disputes

Prior to beginning his law career, Tony served in the United States Marine Corps. 

If you are seeking representation in Pottawattamie County or Mills County for family law, criminal defense, or juvenile law, contact our offices at (402) 298-8288 to schedule a free consultation with Tony.

Employment Opportunity

We are hiring a Paralegal for our Omaha office.

Employment opportunity for a paralegal in our Omaha office. Looking for a professional, personable, efficient team player with excellent writing skills and attention to detail. Paralegal education and experience in family law and criminal law preferred.

Responsibilities

  • Full-time position in our Omaha office
  • Provide support for a six-attorney general practice law firm
  • Provide personalized, highly responsive client-centered service
  • Primary practice areas of family law and criminal law

Qualifications

Computer skills, Microsoft Word, Outlook, and ability to learn quickly and adapt to case management and other software. Reliable, dependable, good organization and attention to detail.

Please email your resume to [email protected].

What Can I Do If I Am Arrested and Charged with a Drug Crime?

If you have been arrested and charged with a drug crime, many serious things are on the line. Not only are you facing jail time and fines, but your future livelihood is on the line. A drug conviction can follow you the rest of your life, and whether you want to pursue school or a career, you future can be negatively affected if a drug crime remains on your criminal record. Just one drug conviction on your record could be detrimental to your future, no matter how small you think the charge may be.

What Should I Do if I’m Charged with a Drug Crime?

If you are arrested for any type of drug crime, you should immediately contact an Omaha lawyer who is educated in the laws and all of the potential defense possibilities. Remember that you are under no obligation to cooperate or talk to prosecutors or law enforcement. Remain non-combative and calm. Also keep in mind that these people are out for their high conviction rates, not for your best interests.

No matter how much pressure they place on you to talk, do not give up any information. A criminal defense lawyer can work hard to eliminate the charges against you. The last thing you want to do is make the prosecutor’s job easy by talking. This helps to seal what might have been a difficult conviction, with the right representation.

What Can a Lawyer Do?

Here, at Johnson & Pekny, LLC, from the moment you retain our services, we will start working on coming up with the best defense as possible to ensure your rights are protected. In some cases, we can suppress evidence due to an illegal search, entrapment, or inability to prove probable cause. We will stand up for your rights. We will work to get charges reduced and, in appropriate circumstances and whenever possible, dropped. Contact us today by calling our offices in Omaha, Plattsmouth and Blair at (402) 298-8288.

New Nebraska Custody Law & Military Parents

There have been positive changes to custody law and military parents, thanks to the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). At the end of 2015, only nine states had adopted the UDPCVA, but on January 1, 2016, Nebraska became the 10th state to embrace the act. The Uniform Law Commission promotes the Act as a way to protect the best interests of children who have deployed parents.

Custody Law & Military Parents

The UDPCVA does not penalize parents for their willingness to serve their country. The Act also protects the rights of parents who are not deployed. This is where the controversy over the act comes in. It makes sense that non-deployed parents have custody when the other is away. This is what the parental preference doctrine also states.

If a child custody order is not in place and the parents cannot agree on custodial and visitation issues, the parents may take the case to court. Under the UDPCVA, a judge can assign custody of a child to a non-parental figure in the child’s life. In this instance, the judge determines what is in the best interest of the child. It would be a temporary court order, which would end when the period of deployment was over.

Case Example

What happens when a custodial parent deploys? The parent can appeal to the court to award custody to their current spouse, the child’s stepparent. Once the parent returns from deployment, the original custody and visitation order will go back into effect.

The courts have already upheld the UDPCVA in several states, including this Iowa case, in which the scenario above actually happened and the mother-in-law was awarded custody during the father’s deployment. If you are a parent who might be deployed or the other parent of your child is getting deployed, and you cannot agree on custody during the deployment, contact or call Johnson & Pekny LLC at (402) 298-8288. We know child custody and visitation laws in Omaha, Plattsmouth and Blair. We can help when military deployment comes into the picture.

I Was Hurt in a Car Accident that Was Not My Fault – What Should I Do?

When you are injured in a car accident that is not your fault, you might want to contact a Nebraska personal injury lawyer to ensure your rights are protected. The other driver may not want to admit fault, or you may be a passenger in a car accident. There are many steps that you can take to safeguard your best interests. 

What To Do After a Car Accident

What should you do after a car accident? You should collect as much information as possible, including:

  • A copy of the police report – Hopefully, the police officers called to the scene wrote down the names of witnesses, assessed the other driver was at fault, and documented the damages to both vehicles. 
  • Pictures of damages/scene of accident – Remember to snap photos of the damage and the scene of the accident, including traffic signals and stop signs in the vicinity. They will be excellent pieces of evidence to prove fault, damages, and the possible extent of your injuries.
  • Contact information for the at-fault driver’s auto insurance – Everyone is supposed to maintain auto insurance, however that does not mean that everyone does. Make sure you have the contact information for the other driver’s auto insurance company. If they do not have insurance, do not fret, as your auto insurance policy should cover uninsured driver issues.
  • Medical records – Keeping copies of your medical records will be helpful if you decide to get a lawyer.

Additionally, if you are an unable to work due to the accident, keep all records pertaining to lost wages, as this may be part of your claim. If you consult with a Nebraska personal injury attorney, this information will help them assess your case. An attorney who is experienced in handling auto accident cases that result in injuries will work for your best interest.

Contact A Legal Representative

Don’t face the legal system alone without the help of a skilled attorney. Contact us today at Johnson & Pekny, L.L.C. for  a free consultation. Our attorneys in Plattsmouth, Omaha and Blair will let you know if they can help. Calling our offices at (402) 298-8288 or contact us online.

Custody Laws in Nebraska

Ending a marriage or a long-term relationship is never an easy process, especially when children are involved. Finding the best solution when it comes to child custody is perhaps the most important aspect of successfully moving on after a breakup.

Child custody laws in Nebraska ultimately rest on one question: What is in the best interest of the child? The court will constantly be asking that question throughout the process before issuing a final parenting plan. The child’s best interest will override individual preferences of each parent.

Joint Custody

Depending on one’s situation, you may reach various arrangements without having to go through a hearing.  In general, both parents have joint custody or one party has sole custody (with visitation rights for the other).  The parent with decision-making rights for the child (such as school arrangements and health care decisions) has legal custody. Physical placement is the actual living location of the child.

Agreeing to “joint custody” does not always mean that there will be both joint legal and physical custody. Depending on where the parents live, their work situation, and other factors, it may be impractical for parents to have full joint physical placement. The child may be best served by living primarily with one parent. In those situations there still may be joint legal custody with both parents having an equal say in important decisions for their child. These are the intricacies that an attorney can help you work out during your case. This can be especially helpful if you find it challenging to come an agreement with the other parent.

Child Support

It is important to understand the role that custody determinations have on child support. In Nebraska, the courts use specific formulas and worksheets to determine how much support (if any) is owed by one parent to the child. The worksheet used and support owed is influenced by many factors, including the exact custody arrangement. 

Contact a Family Law Attorney in Nebraska

If you have questions about legal custody in Nebraska, it is important to seek out trained professionals to advocate on your behalf.  The family law attorneys at Johnson & Pekny, L.L.C. have offices in Omaha, Plattsmouth and Blair, and are experienced with myriad issues, including divorce and custody. Contact us today to learn more.

 

Understanding Alimony in Nebraska

Under Nebraska law, the court can order the payment of alimony to one party after a marriage is dissolved. Alimony refers to financial support that one spouse pays to another. In many relationships–particularly long marriages–only one spouse is employed, making it difficult for the other partner to support themselves in the immediate aftermath of the divorce. The notion of spousal support arose from the need to help those dependent spouses.

Alimony payments are not automatic. Divorcing couples can agree on a payment amount, but if no agreement is reached, a court must decide if such support is appropriate.

Awarding Alimony

Determinations about equitable property division is separate from alimony decisions under Nebraska law. If a partner seeks an award of support, the court will look at specific factors to determine if continued maintenance of one spouse is appropriate based on their economic circumstances. The specific factors considered include:

  • The length of the marriage
  • Each spouse’s current financial resources and employment
  • Each spouse’s contribution to the marriage (child care, home maintenance, etc.)
  • Ability for each spouse to find gainful employment

Unlike child support, Nebraska law does not provide for a rigid “calculator” or formula to determine spousal support. Instead, courts are simply ordered to be “fair and reasonable” in their determinations. This means that individual judges have wide latitude in their rulings. Presenting a strong case for your side in an alimony dispute is therefore paramount to protecting your interests.

The Purpose of Alimony

Over the past few decades the general notion of alimony has shifted in popular culture. Whereas lifetime alimony awards were somewhat common in the past, they have fallen out of favor in many instances today. Importantly, alimony is not considered a way to ensure both spouses have “equal” financial outlooks in the future. Instead, it is typically viewed as a temporary means of support to help one spouse more fairly transition to life without being dependent on the other.

Modification

Both spouses can seek a change to the original alimony order if there is a “material” change in circumstances.” Those changes generally refer to alterations in one partner’s financial relationship. If there is a job loss or promotion (or other windfall), then an alteration in the order may be necessary so long at it is “fair and reasonable.”

Contact a Nebraska Divorce Attorney

If you are considering divorce or have questions about alimony rules in Nebraska, please reach out to our Nebraska family law attorneys at Johnson & Pekny, L.L.C. We are proud to work on behalf local residents going through the challenges of a marital breakup. Contact us today to see if we can help.

How can I keep a positive attitude during my divorce?

Keeping a positive attitude during divorce isn’t easy. The most emotional times in our lives happen around major life changes: Birth, death, marriage, and divorce are just a few. In the case of divorce, emotions can be anywhere on the spectrum. Some people are happy and/or relieved. Some are angry, hurt, sad, or scared. Still others are apathetic. It is completely normal to experience any and all of these emotions. Here are a few tips to help to keep positive during this major life change.

1. Stay Busy

If you spend your time doing things you love, you won’t be thinking about divorce quite as often. Take a class, learn to dance, join a social club. Focus on whatever brings you enjoyment. Many people will learn a new skill or hobby, or maybe travel to an exciting destination.

2. Socialize

The support and company of friends and family is a great way to keep your mind. Going to dinner and a movie while sharing new plans for the future can reinforce that your life is going in a positive direction. Spending quality time with those you love will help get you through any negative times you may have.

3. Exercise

Exercise is positive for the mind and body. When you are active your body produces endorphins, hormones that make you feel good! Getting fit also helps you have a positive body image. When you feel healthy and feel good about your body, you are more likely to get out and socialize.

4. Rest

Just as important as getting enough exercise, rest is restorative, especially in times of stress. You must treat yourself well during the emotional time of divorce. Taking good care of your mind and body pay off in the end.

5. Counseling

if you are having a really difficult time with the divorce process or maintaining a positive attitude, you may benefit from seeking professional counseling. A counselor can assist you in coping with your divorce, perhaps seeing it with a new perspective. A counselor can help you achieve balance and focus on the positive aspects of your life.

Contact the attorneys at Johnson and Pekny, L.L.C., in Omaha, Plattsmouth and Blair for a free consultation.  Call us at (402) 298-8288, or fill out our contact form online.

Should I Hire an Attorney or Handle My Divorce Myself?

A bad marriage may tempt you to take matters into your own hands and file for divorce yourself, but before you do, you should consider hiring a divorce attorney. You need to consider everything that you will need to deal with during the divorce process and how a lawyer can help reduce your stress and make sure there are no mistakes. There are many areas where a family law attorney will be able to assist you, but let’s go over three in particular.

1. Spousal Support

Spousal support is financial aid provided to the recipient to help him or her achieve financial independence. It is only available  to married people, and rules vary by state. Courts award financial assistance based on a variety of factors such as: duration of marriage, each person’s earning capacity, contribution to household or career, and physical health and age of the recipient.

2. Child Support

An ongoing, periodic payment made by a parent for the financial benefit of a child at the end of a marriage or other relationship. This payment is made either directly or indirectly by an obligor to an obligee. More often than not, the obligor is the non-custodial parent and the obligee is the custodial parent, a caregiver, a guardian, or the state.

3. Custody

Child custody and legal guardianship are both legal terms used to describe the legal and practical relationship between a parent and his or her child. It also describes the right of the parent to make decisions, and the parent’s duty to take care of the child. In divorce one parent may have full custody of the child or the parents may agree to share joint custody.

Hiring a Divorce Attorney

These are only three situations where a divorce attorney can assist you. If you are in need of legal advice or representation, please contact the family law attorneys of Johnson and Pekny, L.L.C. in Omaha, Plattsmouth and Blair. Call us at (402) 298-8288 or fill out our contact form online.

↑ Top of Page