Divorce In Nebraska

Divorce in Nebraska

How to Get a Nebraska Divorce

Divorce in Nebraska: Divorce is the legal separation of a married couple, and must be done through the District Courts in the county where either party lives.

For either party to file a complaint for divorce, they must have been a resident of the state for at least one year prior to filing.

Nebraska is a “no fault” state, meaning that the only reason a couple will be granted a divorce is if the marriage is found to be irretrievably broken.

If all of these requirements are met either an individual or a couple can seek the divorce process.

The Nebraska Divorce Process

In either a contested or uncontested case, the process for obtaining a divorce in Nebraska begins with the filing party gathering all information.

At this point in the process, getting the counsel of an attorney is recommended but not a necessity.

Steps to Divorce in Nebraska

Prior to filling out any paperwork or hiring any attorney, it is important to do some research on the divorce process.

The following steps are not all inclusive to every situation as most divorces have a large number of variables, but these steps will help anyone to understand the overall process of obtaining a successful divorce in Nebraska.

  1. Before obtaining any of the applicable forms, the filing spouse should gather all data covering property, assets, finances, debts, and any other issue that may be addressed in the divorce case.

    It is better for the couple if both people agree on the divorce and file in an uncontested divorce in Nebraska because it is cheaper, quicker, and less emotional than a contested divorce.

  2. The next step is obtaining the proper forms to be filed with the District Court. Some of the methods to obtain the correct forms are to contact the Clerk of the District Court’s office and get samples, hire an attorney well versed in domestic laws and divorce in Nebraska, or seek the help of an online document-preparing agency or other agency in the process of filling out the forms.

  3. If anything in the divorce is contested, meaning that the spouses do not agree on at least one major issue, then the most likely scenario is one person filing the divorce complaint.

    Once the complaint is filed, the sheriff or other designated authority will serve the other spouse the paperwork and an answer must be submitted back to the court.

  4. Once all the documents have been filed/received, a court date will be set for a hearing or trial after a period of 60 days from the date of service has passed.

  5. The final step is to attend the hearing and present evidence and/or witnesses in a contested case. In an uncontested divorce case, at a minimum at least the filer must be available for the court to ask any questions regarding the divorce paperwork and present some testimony as to why the marriage is broken.

    For those representing themselves or considered Pro Se, the Nebraska Supreme Court placed a guide on how to answer the court and speak to the court when asking for a divorce.

  6. Once the judge has approved or disapproved the divorce paperwork, the case is concluded and a decree is issued making the divorce legal. The District Court will issue a signed decree and a divorce certificate will be issued to both parties.

As you can see from the above information, an uncontested divorce in Nebraska is in the best interest of everyone involved. It is not only all of the things mentioned above, but it allows both individuals to agree on how to split everything.

Nebraska is considered an equitable distribution state, which means that all assets involved in the marriage are split equitably. This does not mean evenly, but means that the court attempts to maintain the quality of life for both parties if possible.

In a contested case, it becomes necessary to seek the aid of an attorney for representation. The Nebraska courts expect that anyone representing himself or herself must understand the law and conduct themselves correctly. In a contested divorce in Nebraska, many people feel that neither one of them “win.”

An option to avoid contested divorces is mediation or arbitration. In these services, which many attorneys offer, the overall goal is to seek an agreement between both parties. In fact, as the court attempts to establish whether reconciliation is possible or not, mediation may be ordered.

In this process, an attorney can work as a mediator to discuss all issues surrounding the divorce, or two attorneys can work with both parties to close any open arguments equitably.

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