Going through a divorce can be a challenging and emotional experience. From filing a petition to the final decree, the Nebraska divorce process involves several legal steps that you need to understand before separating from your spouse. Here’s everything you should know about the unique divorce laws in Nebraska that may impact how your case is handled, so you can navigate the legal process with confidence.
What to Know Before Filing for Divorce in Nebraska
One of the first decisions you’ll need to make is determining whether you want a legal separation or a divorce. While both options can establish clear legal boundaries between you and your spouse, they serve different purposes.
- Legal separation allows couples to live separately and address issues like property division and child custody without ending the marriage.
- Divorce formally dissolves the marriage, allowing both parties to remarry in the future.
Another crucial step in the divorce process is . Divorce can be complex and emotionally taxing. Having an experienced attorney by your side can provide clarity, protect your rights, and ensure that everything from the initial consultation to the final legal proceedings are handled correctly.
A skilled divorce lawyer can help you navigate everything from property division and child custody to spousal support and legal documentation. Investing in a competent attorney can make a significant difference in achieving a fair and favorable outcome.
Additionally, it’s important to be aware of the residency requirements for filing for divorce in Nebraska. To be eligible to file, either you or your spouse must have been a resident of Nebraska for at least one year before filing. If you meet this requirement, you can file in the county where you or your spouse resides. Filing in the wrong jurisdiction can cause delays and additional complications in your divorce process.
Is Nebraska a No-Fault Divorce State?
Yes, Nebraska is a no-fault divorce state. This means that when filing for divorce, neither spouse is required to prove wrongdoing or fault, such as adultery or abandonment, to end the marriage. Instead, the only necessary ground for divorce in Nebraska is the assertion that the marriage is “irretrievably broken,” indicating that there is no reasonable chance of reconciliation.
A no-fault divorce offers several benefits. First, it can simplify the legal process by reducing conflict between spouses, as neither party needs to assign blame or provide evidence of misconduct. This can lead to a more amicable and less emotionally taxing divorce process.
Additionally, a no-fault divorce can expedite the proceedings, as the court focuses on resolving key issues like property division, child custody, and support rather than determining fault.
Ultimately, a no-fault divorce can provide a more straightforward path to ending a marriage while minimizing unnecessary stress and legal expenses.
Is Nebraska an Equitable Distribution State?
Yes, Nebraska follows the principle of equitable distribution, meaning that assets and debts are divided fairly, but not necessarily equally, based on factors like each spouse’s financial contributions and needs.
How Much Does a Divorce Cost in Nebraska?
The cost of divorce in Nebraska can vary widely depending on several factors, but on average, it can range from a few hundred dollars to several thousand dollars. The overall cost depends on the complexity of the case, the level of conflict between spouses, and whether the divorce is contested or uncontested.
Here are some key factors that can impact the cost of divorce in Nebraska:
- Filing Fees: The filing fee for initiating a divorce in Nebraska is typically around $157 but may vary by county.
- Retainer Fees: Divorce attorneys may require a retainer fee upfront, ranging from $1,500 to $5,000 or more on average, depending on the complexity of the case.
- Court Costs: Additional fees for court services, such as mediation, document processing, and expert witnesses, can add to the total cost.
- Type of Divorce: Uncontested divorces are generally less expensive than contested divorces, as the latter involves more legal work, court appearances, and potential litigation.
- Mediation Costs: If mediation is required, it can cost between $100 and $300 per hour.
- Child Custody Evaluations: If custody is contested, the cost of evaluations and expert assessments may add significant expenses.
- Asset Division: Divorces involving substantial assets, property, or business interests can require additional legal work, increasing overall costs.
Consulting with a divorce attorney will provide more precise estimates based on the specifics of your case.
Can You Get a Divorce Online in Nebraska?
Yes, you can get a divorce online in Nebraska, but there are specific requirements, including:
- One spouse must have been a resident of Nebraska for at least one year.
- The divorce must be uncontested, meaning both parties agree to the terms.
- All required forms and paperwork must be completed and filed correctly.
The only difference in how to get a divorce in Nebraska online is how you file the documents. Many Nebraska courts offer e-filing services for divorce cases. So, after you’ve filled out a Complaint for Dissolution of Marriage, property settlement agreement if applicable, and parenting plan if children are involved, you must submit the completed forms online to the District Court in the county of residence.
How to File for Divorce in Nebraska
Here are the steps to file for divorce in Nebraska.
Step 1: Meet Residency Requirements
Either you or your spouse must have lived in Nebraska for at least one year before filing for divorce. If you meet this requirement, you can proceed to the next step.
Step 2: Prepare the Complaint for Dissolution of Marriage (Days 1-7)
Complete the Complaint for Dissolution of Marriage, which outlines the basis for the divorce and what you are requesting in terms of property division, custody, and support.
Step 3: File the Complaint with the District Court (Days 2-9)
Submit the completed Complaint for Dissolution of Marriage to the District Court in the county where either you or your spouse resides. Pay the required filing fee, which varies by county.
Step 4: Serve Your Spouse the Divorce Petition (Days 3-25)
After your Nebraska divorce papers are filed, the next step is the service of process. In Nebraska, service of process is defined as the legal procedure of delivering court documents to the other party in a lawsuit.
This step ensures that your spouse is officially notified of the divorce filing and has the opportunity to respond. Nebraska divorce law requires that the service be carried out by a sheriff, a private process server, or through certified mail, depending on the circumstances. Your spouse must be provided with a copy of the filed Complaint for Dissolution of Marriage.
Nebraska has a mandatory waiting period for divorce, which is 60 days. This waiting period begins once your spouse has been properly served with the divorce papers. During this time, no final divorce decree will be issued, giving both parties time to consider reconciliation, negotiate terms, or prepare for further legal proceedings.
Proper service of process is crucial, as failing to serve the divorce papers correctly can delay the case or result in dismissal.
What Is a Voluntary Appearance?
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.
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.
We usually recommend a Voluntary Appearance instead of personal service. It is less frightening to the other party and tends to create less animosity, starting things off on a better foot.
How Does Service of Process Happen if My Spouse Is Unwilling to Sign a Voluntary Appearance?
Nebraska service of process is usually done through the local sheriff’s department in the county where your spouse lives. It can also be done in some instances by a state authorized constable or civil process server. There are alternative ways to achieve service—like publication—but they require court approval.
Step 5: Wait for Your Spouse’s Response (Within 30 Days)
Your spouse has a specific timeframe to respond to the Complaint, usually within 30 days. If they fail to provide a written response to the petition, you may proceed with a default judgment. This response can include agreements or disputes regarding the proposed terms.
Step 6: Complete Required Forms and Disclosures (30-60 Days)
You may be required to complete additional forms, such as financial disclosures, parenting plans, and property settlement agreements. This is the point where both parties will discuss the division of assets, debts, and custody arrangements. If one party is requesting alimony or child support, the court will assess the financial circumstances and issue appropriate orders.
What Is a Family Law Settlement?
A family law settlement is a legally binding agreement between parties in a family law case that resolves issues such as child custody, child support, spousal support, and property division without going to trial. The divorce settlement is negotiated by the parties, often with the assistance of their attorneys or through mediation, and once finalized, it is submitted to the court for approval and enforcement.
Step 7: Request Temporary Orders (30-60 Days)
Concurrently with step 6, either party can request temporary orders to address matters such as child custody, child support, spousal support, or restraining orders while the divorce is pending.
A temporary hearing for divorce is a court proceeding held early in the divorce process to establish temporary arrangements intended to provide stability and address immediate financial and custodial concerns until the divorce is finalized. Temporary orders remain in effect until a final decree is issued or further modified by the court.
Step 8: Attend Hearings and Mediation If Required (After 60 Days)
If a settlement is reached, the agreement is submitted to the court for approval. If the divorce is contested or if there are unresolved issues, the court may require divorce mediation or a hearing to resolve disputes.
Step 9: Attend a Divorce Trial If Needed
If the parties are unable to reach a settlement agreement, the case proceeds to a divorce trial, where a judge will make the final decisions on unresolved issues. Unlike mediation or settlement negotiations, a trial involves presenting evidence and arguments before the court to resolve disputes.
This step typically occurs when spouses cannot agree on key issues during the divorce process. Common reasons for a trial include:
- Disagreements over child custody or visitation arrangements
- Disputes regarding the division of marital assets and debts
- Conflicts over spousal support or alimony
- Contentions about child support calculations
- Accusations of misconduct, such as infidelity or financial mismanagement
During a divorce trial, the court addresses various issues, including:
- Child Custody and Visitation: Determining legal and physical custody, visitation schedules, and parenting plans.
- Property Division: Deciding how marital assets and debts will be divided between spouses.
- Alimony and Spousal Support: Establishing whether one spouse will provide financial support to the other and for how long.
- Child Support: Calculating the amount of child support based on income, custody arrangements, and state guidelines.
- Protective Orders: Addressing allegations of domestic violence or abuse, which may impact custody or visitation.
- Tax Considerations: Deciding who will claim certain tax deductions or benefits.
A divorce trial can be a lengthy and costly process, so exploring settlement options or mediation beforehand is often recommended. Consulting with an experienced divorce attorney can help protect your rights and present your case effectively during a trial.
Step 10: Obtain a Decree of Dissolution
Once all issues are resolved, the court will issue a Decree of Dissolution of Marriage, finalizing the divorce. This document officially ends the marriage and outlines the terms of the divorce, including child custody, property division, and support orders.
When Will My Divorce Be Final?
Your divorce is considered final in Nebraska once the court issues the Final Decree of Dissolution. This document officially ends the marriage and outlines the terms of the divorce, including property division, child custody, and support arrangements. You will receive a copy of the decree after the judge signs it, typically within a few days to a couple of weeks after the final hearing or settlement.
Frequently Asked Questions About Divorce in Nebraska
How Quickly Can You Get a Divorce in Nebraska?
In Nebraska, the minimum waiting period for a divorce is 60 days after the divorce papers are served. However, the timeline may be extended based on factors such as disputes over custody, property division, or support. Here’s a general timeline for the divorce process in Nebraska:
- Day 1: Divorce papers filed and served.
- Day 1-30: Spouse submits a written response.
- Day 30-60: Negotiations, mediation, and settlement discussions.
- Day 60+: Hearing or trial scheduled, followed by the issuance of the Final Decree of Dissolution.
What If One Spouse Doesn’t Want a Divorce?
If one spouse refuses to participate in the divorce process, the other spouse can still proceed with a default divorce. The court may grant the divorce based on the petitioning spouse’s requests if the other party fails to respond or contest the case.
Can You Stop Divorce Proceedings?
Yes, divorce proceedings can be stopped if both spouses agree to reconcile or if the filing spouse decides to withdraw the divorce petition. This must be done before the court issues a final decree.
What Happens When Your Ex Does Not Comply with Your Divorce Decree?
If your ex-spouse fails to comply with the terms of the divorce decree, you can file a motion for contempt with the court. This may result in enforcement actions such as wage garnishment, fines, or even jail time in severe cases.
How Do I Change My Name After Divorce in Nebraska?
You can request a name change as part of the divorce decree. If not included, you can file a separate petition for a name change through the local court. The court will review and approve the request, and you can then update your identification documents.
When Can I Remarry After a Divorce?
In Nebraska, there is no mandatory waiting period to remarry after a divorce is finalized. Once the Final Decree of Dissolution is issued and signed by the judge, you are legally free to remarry.
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.
At Hightower Reff Law, our experienced divorce attorneys in Nebraska are here to guide you through every step, ensuring that your rights and interests are protected throughout the process. Contact us today to schedule your free consultation.
