Thereโs no getting around it:ย Divorce can be unpleasant and daunting. For most people, the legal process of divorce is especially foreign and scary.ย Inโฏour (Almost) Everything You Ever Wanted to Know About Divorceย series, weโll try to take away some of that fear by answering some of the most frequently asked questions we get from our clients about divorce in Nebraska.
Divorce in Nebraska Part II: Ticking Clocks and Temporary Hearingsย
In part one, we answered questions about getting started with a Nebraska divorce. In this installment we cover what to expectโฏafterโฏyou file for divorce in Nebraska.
Q: What happens afterย divorce papers are filed?
A: The first step in Nebraska divorce after the Complaint for Dissolution of Marriage (divorce complaint) is called โservice of process.โ That simply means that your spouse has to be served with your Complaint for Dissolution of Marriage.โฏย
Service of Process is defined by Nebraska law, so it has to be done in a certain way. You canโt just hand the papers to your spouse. The most common methods are through a Voluntary Appearance or service by an authorized process server.โฏย
Filing a Complaint with the Clerk of the District Court starts the clock ticking on service of process. If your spouse isnโt served or does not enter a Voluntary Appearance, the court will dismiss your case.ย
Q: What is a Voluntary Appearance?
A: A Voluntary Appearance is a document that the other party can sign (if they choose) that waives their right to have a summons officially and personally served upon them by an authorized process server.ย
Signing the Voluntary Appearance does not waive any other rights in the divorce process. The divorce will carry on just as it would if they had been served personally.ย
We usually recommend a Voluntary Appearance instead of personal service.ย It is less frightening to the other party and tends toย create less animosity,ย startingย thingsย offย on a better foot.
Q: How does service of process on my spouse happen if he/she is unwilling to sign a Voluntary Appearance?
A:ย Nebraskaย serviceย of processย is usually done through the localย sheriffโsย department in the county where your spouse lives. It can also be done in some instances by a state authorizedย constableย orย civilย processย server.ย
There are alternate ways to achieve service โ like publication โ but they require court approval.
Q:ย What happens after your spouse is served with divorce papers?
A: Most often, service is done byย the sheriff and he or she files a Return of Service with theย clerkโsย office; our office gets a copy. We keep our clients informed if a problem with service necessitates an alternate method.
Q: How longย does aย divorce takeย in Nebraska?โฏ
A: Each situation is unique. We usually say at least six months, sometimes much longer. It can vary widely depending upon a range of factors like cooperativeness of the other party, success or failure at mediationย and the court’s calendar.ย
Determining parenting time often contributes most to lengthening the process.ย Withย experienced attorneys who areย bothย certified family law mediatorsย and child custody lawyers,ย ourย officeย hasย found parenting plan mediationย to beย a wonderful tool for helping parties reach agreement on the important issue of parenting time.
Q:ย Howย quickย can you get aย divorce?
A: If you want to know how to get aย quickย divorce inย Nebraska,ย you need to know our stateย has a minimum 60–day waiting period after the date of filing your Complaint with the Clerk of the Court.โฏย
Even in simple divorces where everything is agreed upon,ย itโs tough to get all the required work done and papers executed in that amount of time. If a finalย prove upย hearing in court is required, it may take a bit more time depending on the courtโs docket availability.โฏย
If aโฏtrial is necessary,ย the process usually takes much longer.ย
Q: Whatย happens when oneย spouse doesnโt wantย aย divorce?
A:โฏNebraska is a no-fault state. It may take a little longer to go through the process if the opposing spouse refuses to cooperate or agree on anything, but we are experienced in working with reluctant opposing parties and can get your divorce accomplished.ย
Q: What if I change my mind?ย Can youย stop divorceย proceedings?
A:โฏIn Nebraska, theย plaintiffย (the person who files the divorce action) can dismiss the action at any time for any reason (or for no reason) before final submission of the case.โฏHowever, if the other party has filed a counterclaim, that claim will not be dismissed unless they agree โ so both parties would need to agree for the entire action to be dismissed.โฏย
The court can dismiss the case itself for lack of progression, however, if a divorce is filed and sits for too long without any further action being taken in the case.
Q:โฏWhat is a temporary hearing for divorce?
A:โฏA temporary hearingย (a court appearance before the judge prior to the final hearing orย trialย ย regardingย property or spousal support)ย can be set up as soon as the case is filed. If the other party has not been served, we will have them served with the temporary motion at the same time they are served with the Complaint for Dissolution of Marriage.โฏย
If there are children involved, a temporary custody hearing can be scheduled as soon as the party who asks for the hearing takes the parenting class.
Q: What should I expect at a temporary hearing?ย
A:โฏA temporary hearing is used to resolve any issues that need to be addressed right away to provide stability for the parties and their children as the case progresses.โฏย
Theย judgeย can enter temporary orders on almost anything that needs to be addressed. Common issues in temporary hearings are temporary legal custody of children, parenting time, child support, debt payments, spousal support, possession of the marital home and health insurance.
Q: Do I have to be there for the temporary hearing?
A:โฏUsually the parties donโt have to appear at the temporary hearing. Itโs normally heard in theย judgeโsย chambers.ย
Each attorney will present an affidavit to theย judge 48 hours before the hearing and argue the points in the affidavit at the hearing. It is important you work with your attorney to get a solid affidavit completed in a timely manner. If you donโt, it will make it more difficult โ if not impossible โ for your attorney to argue your side at the hearing.
Next time in the series
Readย Part IIIย ofโฏ(Almost) Everything You Ever Wantedย Toย Know About Divorce: Divorce ABCs & QDROs.โฏ
In the meantime, if you need help with a divorce, call Hightower Reff Law at 402-932-9550, or contact us online. We are experienced Omaha area attorneys who can help you through this difficult process.ย
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.ย