How to Get a No-Fault Divorce in Nebraska: State Requirements and Documents

If you need legal counsel on how to file for divorce in Nebraska,

Nebraska provides a no-fault divorce basis in circumstances when the marriage has irretrievably broken down.

Requirements for Residency

Before filing for divorce in Nebraska, a couple must meet the residence requirements outlined by the state. Unless the marriage was conducted and completed in Nebraska, one of the spouses must have lived in the state for at least a year prior to the filing of the initial complaint.

Complete your Forms

If a marriage meets the residence criteria, one spouse may file a Complaint for Dissolution of Marriage in the district court of his or her home county, or in the district court or county where his or her partner resides. After filing the case, the Petitioner is responsible for serving his or her spouse. (now called the Respondent).

The Respondent must be served within six months of the complaint’s filing. There are three methods to provide service:

Using a Form of Voluntary Appearance
Using a Summons
Publication in newspapers and other public venues

The state of Nebraska recommends that the Petitioner first seek to get the Respondent’s signature on a Voluntary Appearance form declaring that he/she has been aware of the divorce action initiated against him/her. If the couples cannot agree on the divorce procedures and that does not work, then serve the summons and only utilize publishing as a last option. The Respondent has 30 days after being served to submit a response to the complaint with the district court. Even if the Respondent receives a Voluntary Appearance form, he or she may still submit a response.

Make duplicates of your forms.

Make at least three duplicates of each document after you have completed it. One set will be served on your spouse, one will be filed with the state, and one should be retained for your records.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the court clerk’s office. If everything is in order, the assistant will use the original papers and charge a filing fee.

The couple must wait 60 days after filing and serving the Petition for divorce before the court may approve the divorce. This time period is designated as a cooling-off phase as well as a mediation period, during which the couple will ideally reach an agreement and attend mediation. At the very least, it allows time to evaluate the existing state of the marriage and its eventual breakup.

Following the 60-day waiting period, the lawsuit will either be settled and the divorce granted by a decree of dissolution, or the couple will go to trial. The length of the trial is determined by the county in which it is held. Everything that is challenged will be handled fairly in court. Equitable settlement does not imply a 50/50 split, but rather a fair and equitable allocation of challenged marital property (debts, assets, property, and so on) based on the duration of the marriage and the responsibility (or lack thereof) of the parties involved.

If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement

When an agreement is achieved, a formal decree is issued that explains the parameters of the agreement as well as the Judge’s judgment. After 30 days, the divorce is permanent, and the spouses may remarry after 6 months. This 30-day timeframe is set aside to challenge the marriage decree.

Instructions and Forms

Please keep in mind that each county in Nebraska has somewhat different filing processes, so it is a good idea to meet the clerk in the county district court where you want to file or where your divorce is filed before trying to complete everything online.

Unfortunately, there are no forms accessible online via the state of Nebraska if your divorce is disputed, and it is recommended to begin your divorce processes by walking down to the County District Court where the divorce is filed, or where you desire to file for divorce. You should visit the Clerk and inquire what paperwork are required. If your divorce is disputed and based on blame, you should consult with a lawyer.

A Remark on Mediation

Before issuing a divorce decision, the court must be satisfied that every attempt has been made for reconciliation. As a result, if both parties consent to counseling for reconciliation, the court must give it. If a county has a Conciliation Court, the divorce may be moved there. If a county lacks a Conciliation Court, the court will send the person to a certified counselor or an agency in the region.

If there are children involved in the case, the District Court may mandate mediation to address custody, visitation, and any other contentious matters. Divorce seminars are also required for all parties involved in order to comprehend the impact of divorce on children and the family unit. Following the course, the participating couple must meet with a qualified mediator to develop a parenting and custody plan.