Nebraska divorce details
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Uncontested VS Contested Divorce in Nebraska
Probably everyone at least once heard from a neighbor, friend, colleague or relative horrifying stories about a long divorce, which absorbed all the resources. We often hear about the scandalous processes of marriages dissolution among celebrities that look like wars in the courtroom. This is all true, which describes the contested divorce. The disputed divorce is such a way to terminate the marriage, in which all the disputed issues of the spouses are decided in the courtroom. The more controversial moments couple have - the longer will be the divorce and the higher its cost, since the lion's share of finance goes to pay for lawyers. It is not uncommon for a contested divorce to last a year or more, when the spouses constantly have to attend court hearings and fight for their rights. The contested divorce is really the whole drama, but this does not mean that it should be so with all the couples.
Great popularity now enjoy uncontested divorce, which is the complete opposite of the challenged. Spouses quickly and quietly stop their marriage without participating in multiple court sessions. Uncontested divorce is a great opportunity to divorce "beautifully," while preserving your nerves and money.
Uncontested Divorce in Nebraska
Uncontested divorce is an excellent opportunity for couples who are ready for cooperation. If you and your spouse are ready to solve all the differences together, without taking it to the courtroom, then you can be sure that your marriage will be terminated quickly. In order to obtain an uncontested divorce, the couple must meet certain criteria, such as the absence of disagreements in the division of common property and debts, the distribution of custody of underage children, the amount of financial support and alimony, to be consistent with the grounds for divorce, and also cut any other disputes that may arise during the termination of marriage. Uncontested divorce can also be obtained without the help of a lawyer, which will significantly reduce the cost of marriage dissolution. In addition, the entire process will take an average of 6 months, 2 of which - it's just a waiting period.
Grounds for Divorce in Nebraska
Nebraska is a no-fault state. This means that it is not necessary to prove the fault of the spouse that the marriage is broken, in other words, nobody is to blame for this. The only grounds for divorce are irreconcilable differences between spouses that do not allow them to live together as a full-fledged family. No-fault grounds are the only official reason why you can get a divorce. However, if a spouse commits adultery, this may affect the court's decision regarding the division of property. In other words, the fault of the spouse can only be considered in the matter of the division of common property, but only on the condition that you can prove this guilt.
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Nebraska Residency Requirements to File for Divorce
In order to divorce in Nebraska, the spouses must meet the state's requirements for living. So 1) one of the spouses must be a resident of the state for at least one year before filing a lawsuit in court, also the same spouse must have the intention to make Nebraska his or her permanent home, or 2) the marriage was made in the state and the couple lived here until the moment of filing suit in the court.
If we are talking about servicemen, they have the right to divorce in Nebraska, even if they are residents of another state. This is suitable for those military personnel who have been based in Nebraska for at least 1 year.
How to File for an Uncontested Divorce in Nebraska?
So, if you want to divorce, you must meet the requirements for accommodation, which can vary from state to state. You or your spouse must be residents of Nebraska or have intentions to make this state your permanent home. In addition, it is very important to file documents in the correct place, you can see on the website of Nebraska Judicial Branch a list of districts and their courts. You also need to select the forms that correspond to the circumstances of your divorce. For example, couples who have underage children must fill out Complaint for Dissolution of Marriage (Children), DC 6: 5 (1), and couples who do not have minors fill out the Complaint for Dissolution of Marriage (No Children) form, DC 6 : 4 (1). That is, you do not need to fill out the entire list of forms that exist in Nebraska, but only those that correspond to the nuances of your marriage. Please note that if you submit incorrect forms, the court will not accept them. Therefore, the process of preparing documents is very important and you should show maximum responsibility here.
An important factor in obtaining an uncontested divorce is the lack of any disputes between spouses. That is, before the start of the court hearings, you and your spouse must resolve all conflict moments, otherwise your divorce will be contested and may last for a very long time.
When all the documents are ready, you must file them with the court of your district, the clerk of the court will assign you a registration number. Copies of all papers for divorce must be transferred to the spouse so that he or she can read them and give his / her response.
After all the necessary documents are submitted to court, a mandatory period of waiting for not less than 60 days is established for the pairs. If the spouses do not have minor children, in some cases a divorce can be obtained during the first hearing. If the spouses have underage children, they will need to file additional documents that confirm their financial situation, so that the court will decide on the custody and financial support of the child. But on the whole, the uncontested divorce can be obtained no more than 6 months after the registration of all relevant papers in court.
Do-It-Yourself Divorce in Nebraska
According to the law, you have the right to independently represent your own interests before the court, any spouse has such a right. This is also known as Pro Se Divorce and is very suitable for uncontested divorce, since it allows you to save a large amount on the services of a lawyer. So if you are confident in your abilities and 100% know that you can independently protect your interests, then Nebraska's law allows you to use the DIY Divorce.
How Much Does an Uncontested Divorce Cost?
In case of uncontested divorce, the base cost is for a court fee, which is $158, add to this value a few dollars in order to make copies of the necessary documents. In addition, if you want to transfer documents to a spouse with the help of a sheriff or through a private company, it will be plus $50-70 to common cost.
If you want to consult with a lawyer regarding the correctness of filling out the forms, consider that the average cost of an attorney’s work per hour is $ 200.
How Long Does It Take to Get Divorced in Nebraska?
The duration of each divorce is individual, because it basically depends on the number of disputed issues and their complexity, which the judge must decide. The less controversial issues you have, the faster you will get the desired dissolution. If we talk about uncontested divorce, then on average it can be obtained in 6 months, the contested divorce can be dragged on for a year or more. But for all types of marriage dissolution there is a mandatory waiting period of 60 days between the filing of a petition with the court and beginning of the hearings.
How to Serve Your Spouse in Nebraska
After the plaintiff submitted the papers to the court, he or she is obliged to transfer copies of these documents to the spouse, this is also called “serving a spouse”. You can do this in the following ways:
- If your spouse does not use the services of a lawyer and protects his / her interests on his / her own, then you can hand over a copy to him or her personally at the address of the actual residence. In this case, the spouse must sign the Voluntary Appearance form and transfer it to you, after which you must file it with the rest of the package of documents.
- If your spouse uses the services of a lawyer, then you can no longer transfer documents personally. In this case, you must send papers to the office of a lawyer who represents the interests of your spouse.
- If your relationship with your spouse is not so good, then you can use the services of Sheriff or a private company that delivers copies to the right address. In this case, the spouse will have to fill in Praecipe for Summons.
- You can file a publication in the newspaper about your intention to divorce, but this is allowed only in extreme cases, if none of the above ways helped you contact the spouse.
Note, then the spouse has 30 days from the moment he or she received a copy to file his or her response.
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Papers & Documents You Need to Get a Divorce in Nebraska
In the state of Nebraska, there is the following list of forms:
- Complaint for Dissolution of Marriage (No Children), DC 6:4(1)
- Complaint for Dissolution of Marriage (Children), DC 6:5(1)
- Confidential Party and Social Security, Gender, Birth Date(s), DC 6:5(11) Through DC 6:5(12a)
- Voluntary Appearance, DC 6:4(3)
- Praecipe for Summons/Personal Service, DC 6:4(4)
- Notice of Hearing, DC 6:4(5)
- Decree of Dissolution -- No Children, DC 6:4(6)
- Decree of Dissolution -- With Children, DC 6:5(3)
- Certificate of Completion of Parenting Education Classes, DC 6:5(5)
- Financial Affidavit for Child Support, DC 6:5(2)
- Parenting Plan, Parent-Created, DC 6:5(6), or
- Parenting Plan, Absent Parent, Court Use, DC 6:5(13) or
- Parenting Plan, Absent Parent, Petitioner's Use, DC 6:5(14)
- Motion for Service by Publication, DC 6:6(1)
- Affidavit in Support of Motion for Service by Publication, DC 6:6(2)
- Order for Service by Publication, DC 6:6(3)
- Notice of Divorce Proceeding - No Children, DC 6:6(4) or A Notice of Divorce Proceeding - With Children, DC 6:6(5), whichever is applicable;
- Decree - No Children - Service by Publication, DC 6:6(6) or A Decree - With Children - Service by Publication, DC 6:6(7), whichever is applicable.
- Affidavit and Application to Proceed In Forma Pauperis and Order to Proceed In Forma Pauperis.
This is a complete list of the forms that are available in Nebraska for getting a divorce. But keep in mind that not all of them you need to fill, you prepare only those documents that correspond to the circumstances of your marriage. So, for example, if you and your spouse do not have common children, then you do not need to fill out forms about children. Also on our website, you can prepare all the necessary documents, and you do not even need to understand the nuances of legislation. Our system will choose exactly the forms that fit your case and fill them in accordance with the requirements of the court.
Online Divorce in Nebraska
As you already know, in order to start a divorce you need to file all the necessary documents with the court, but before they need to be filled out correctly, because a lot depends on these documents. Sometimes it is very difficult to understand the legislative nuances, especially if a person does not have a legal background. But thanks to online divorce, this is no longer a problem. By online divorce means a system that itself prepares all the necessary papers. How does it work? It's very simple: you answer uncomplicated questions about your marriage, and based on your answers, the system selects all necessary forms and fills them out in accordance with state regulations. Thus, you save a lot of time, in addition, by filling out documents through our system you can be 100% sure that they will be accepted by the court. For only $ 149 you will receive a full package of Nebraska divorce papers that suits your circumstances, and we also can send all the papers to your spouse.
Rules for Child Support and Visitation in Nebraska
Courts with maximum care and responsibility are engaged in families in which there are underage children, so that the child does not experience psychological trauma from the divorce of the parents. In Nebraska, there is a rule that the child's guardianship should be distributed in a way that is in the best interests of the child, besides this, the son or daughter must have constant and frequent contact with both parents, therefore the spouses should equally participate in the life of the child. Thus, every parent has the right to make important decisions in the life of the young ones that affect his or her future, so every parent has the right to know the full picture regarding the education and medical care of the child. Courts also insist that each spouse prepare a Parenting Plan, which will show in detail how long and when each parent will spend with the baby
Even after the divorce, ex-spouses are obliged to provide financial support to their underage children. The amount is calculated based on the Income Shares Model and is proportional to the income of each parent. Financial support is terminated if:
- The child reaches 19 years.
- The child is dying.
- The child is getting married.
- The child is emancipated.
Rules for Spousal Support in Nebraska
Alimony can be provided from one spouse to another to help him or her to solve financial problems, while the spouse's gender does not matter. Financial support may be granted, provided that the spouse-payer is able to pay for this, the court usually considers the following factors when making a decision:
- Duration of marriage.
- Financial condition of the parties.
- Education of spouses and professional skills.
- The circumstances of the parties.
- The contribution that each spouse made in marriage.
In addition, the spouses can also independently negotiate the amount and duration of payments, if both partners agree with the decision, then the court will simply approve it.
Division of Property in Nebraska
The division of common property in the process of divorce in Nebraska should be fair. This does not mean that it will be absolutely equal, but it will be justly. It is very good if the parties can agree on how to split the property. If this is not possible, the court will make a decision after analyzing many of the circumstances that took place in the marriage, including the fault grounds.
The division of property consists of three stages:
- The first is to divide the property into classes, determine what is common (such that was acquired during the marriage), which is separate (what was acquired before marriage or donated during marital life), and what is mixed.
- The second is to estimate in monetary terms all marital assets and liabilities.
- The third - based on the valuation of property, divide it in such a way that it is in equitable fashion and fair in relation to the parties. With this, separate property can not be divided.
Division of Debt in Nebraska
In divorce, the spouses should also share all debts acquired in marriage, including mortgage loans, car loans and credit card debts. Debts, like the common property, should be divided fairly. In some situations, when a spouse wants to get more property after a divorce, he or she can also get a larger share of debts in order to have the balance. In addition, some property can be immediately put up for sale, so that the spouses have the opportunity to pay off debts as a result of realization.
Divorce Mediation in Nebraska
The mediators can work together with the spouses to resolve differences, especially if the custody of minor children is involved in the process. This is a good way to reach a compromise, as the work of intermediaries is aimed at finding a solution that would satisfy both sides. Spouses can apply for mediation services at any time of divorce, this is voluntary, although in some acute situations the court may require almost former partners to seek help from mediators.
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How to Divorce a Missing Spouse in Nebraska
And what if you do not maintain contact with the spouse and do not know where he or she lives? The situation, of course, is not simple, but this does not mean that you will be denied to divorce. First you have to do all the same actions as for a normal dissolution: meet the state's requirements for residence, select the appropriate forms, fill them in and sue. Further actions are a little more complicated. You should try to find a spouse in every possible way and do everything you can to solve this problem. If your attempts are not successful, then you are entitled to Divorce by Publication. This means that once a week for 3 weeks you should publish a notice in the local newspaper about your intention to divorce. In addition, you should also file Affidavit of Diligent Search form, which clearly describes all your actions aimed at connecting with the spouse.
Default Divorce in Nebraska
After your spouse has been served, he or she has 30 days to respond to your request, if the spouse ignores these 30 days and shows no action, then your marriage termination will be the default divorce. However, you will not be able to get it right away. You will still have to wait at least 60 days from the time you submit all the necessary papers to the court before the judge appoints the first hearing in which the divorce can be granted.
Annulment of the Marriage in Nebraska
To annul the marriage is possible if it was concluded in violation of Nebraska's law. Annulment does not terminate marriage, as divorce causes, instead, it implies that marriage never existed, because it had no legal force.
Reasons for annulment can be the following:
- Marriage between close relatives (parents and children, brothers and sisters).
- One of the spouses was impotent or mentally ill at the time of the wedding ceremony.
- If any of the spouses have more marriages.
- If the marriage was concluded fraudulently, or with the use of the force.
Legal Separation in Nebraska
Legal separation in the legislative plan corresponds to all aspects of the divorce, except that the couple still remains in the official marriage. Spouses can share property and debts, custody of the child and live different lives, but still be married and not have the right to enter into other marriages. This is beneficial for couples who want to disperse, but the consequences of their divorce will be catastrophic. To obtain legal separation, you also need to meet the state's requirements for residence, as well as to have grounds for separation (irreconcilable differences between spouses). In addition, yout must file Petition for Legal Separation and a Decree for a Legal Separation with a court.
Same-Sex Divorce in Nebraska
Same-sex marriages are allowed in Nebraska since June 2015. Which means that such couples can get a divorce, it is absolutely legal. The procedure is not different from a divorce for heterosexual marriages. However, some difficulties may arise here. If the couple cohabited before gay marriages became official, it would be very difficult to determine which property is common and which is separate.
Military Divorce in Nebraska
Legislation of Nebraska protects servicemen from divorce by default. According to the Soldiers and Sailors Civil Relief Act, the divorce court will be adjourned for the entire period of the serviceman while he or she is on duty plus 60 days from the date of leaving the military service. The legislation also protects pension payments. A spouse can claim a part of a military pension only if the marriage lasted no less than 10 years, during which the spouse-serviceman was always on duty. In addition, in the presence of minor children in the family, financial support for the child or alimony can not be more than 60% of the wages and benefits of the servicemen.
How to Divorce a Spouse in Jail in Nebraska
In many states, the fact that the spouse is behind bars is a sufficient reason to get a divorce, but Nebraska is a no-fault state, so to terminate the marriage you will have to go through all the same steps as for a normal divorce. You also need to sue not only the completed forms, but also a ruling on the basis of which your spouse is serving a sentence. Copies of documents for divorce can be transferred with the help of the prison staff. After a waiting period, you still have to attend at least one court hearing, but it is unlikely that your spouse will also be there.
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Nebraska Divorce Filing Fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a Filing Fee Be Waived?
If you do not have the opportunity to pay a court fee, you need to fill out the Proceeding without Payment of Fees. If the court is convinced that you have a difficult financial situation, you will be waived from the court fee.
How We Can Help
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