Nebraska divorce details
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Uncontested VS Contested Divorce in Nebraska
You’ve probably once heard from someone you know of a long and strenuous divorce that absorbed all their energy and resources. This is the case of a contested divorce. Any disputes the spouses have between each other are decided in the courtroom. The more controversial issues are, the longer and more expensive the divorce process will cost. It is not uncommon for a contested divorce to last up to a year or more. This is because the spouses have to attend numerous court hearings and fight for their rights.
Having gained in popularity recently, an uncontested divorce is when the spouses mutually agree to divorce and agree on all the issues. Uncontested cases are faster as the spouses are not required to attend multiple court sessions since they have already negotiated and come to terms with the divorce.
Uncontested Divorce in Nebraska
Uncontested divorce is an excellent opportunity for couples who are ready to cooperate. If you and your spouse are ready to solve all the differences without taking it to court, you can terminate your marriage rather quickly. In order to obtain an uncontested divorce, you must meet certain criteria, such as the absence of disagreements in the division of common property and debts, distribution of custody of underage children, financial support and alimony, and others. An uncontested divorce can be obtained without the help of a lawyer, which help reduce the overall costs significantly. In addition, the entire process takes on average 6 months, which includes a 2 month 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 a spouse for the fact that the marriage is broken. The only grounds for divorce are irreconcilable differences that led to the irretrievable breakdown of the marriage. 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 property division, but only on the condition that you can prove their guilt.
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Nebraska Residency Requirements to File for Divorce
In order to divorce in Nebraska, spouses must meet certain residency requirements.
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 their permanent home.
2. The marriage took place in the state and the couple lived there until they filed for divorce.
In terms of 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?
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 of making it your permanent home. In addition, it is very important to file the documents at the correct court, which you can check 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 the Complaint for Dissolution of Marriage (Children), DC 6: 5 (1) and those who don’t have any children must fill out the Complaint for Dissolution of Marriage (No Children) form, DC 6 : 4 (1). Basically, you only need to fill out certain forms that fit your individual case. Please note that if you file the documents incorrectly, the court will not accept them. Therefore, the process of preparing the documents is very important.
An important factor in obtaining an uncontested divorce is the lack of any disputes between the spouses. That is, before the start of the court hearings, you and your spouse must resolve all the issues of divorce, otherwise your case 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 and the clerk of the court will assign you a registration number. Copies of all the paperwork for divorce must be delivered to the spouse so that they can read them and give their response.
After all the necessary documents are submitted to court, a mandatory waiting period of no less than 60 days is established for the couple. If the spouses do not have minor children, the divorce can be obtained during the first hearing in some cases. If the spouses have underage children, they need to file additional documents that confirm their financial situation, so that the court can decide on the custody and financial support of the child. Generally, an uncontested divorce can be obtained in less 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. This is also known as Pro Se Divorce, and is very suitable for uncontested cases since it helps you save a lot of money by avoiding lawyer fees. So if you are confident with navigating through the process and can independently protect your interests, you might be a right candidate for a DIY Divorce.
How Much Does an Uncontested Divorce Cost?
The average cost of an uncontested divorce is equal to the court fee of $158, along with some small additional expenses to make copies of the necessary documents. If you want to deliver the documents to your spouse through the sheriff or a private server, there will be an additional $50 - $70 cost.
The average hourly rate to hire an attorney is $200 if you wish to consult one when it comes to the preparation of documents.
How Long Does It Take to Get Divorced in Nebraska?
The length of each divorce varies as it really depends on the number and complexity of the issues that need to be resolved. The less controversial the issues are, the faster you will get the desired dissolution. An uncontested divorce can be obtained within 6 months while a contested case can drag on for a year or more. But for all of them, there is a mandatory 60-day waiting period between filing the petition and the beginning of court hearings.
How to Serve Your Spouse in Nebraska
After the plaintiff files the documents with the court, they are obliged to deliver the copies of the paperwork to their spouse, which is also referred to as the process of “serving your spouse”. You can do this in several ways:
- If your spouse does not use the services of a lawyer, you can deliver the documents to them personally. In this case, the spouse must sign the Voluntary Appearance form, after which you must file it with the rest of the package of documents with the court.
- If your spouse uses the services of a lawyer, then you are not allowed to deliver the documents personally. In this case, you must send the paperwork to the office of the lawyer in charge of your spouse’s case.
- You can use the services of the Sheriff or a private company to deliver the documents directly to your spouse’s address. In this case, the spouse will have to fill in Praecipe for Summons.
- You can file a publication in the newspaper regarding your intention to divorce. However, this is allowed only in extreme cases, when none of the other methods work.
Note that the spouse has 30 days since they receive the paperwork to file a response.
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Documents You Need to Get a Divorce in Nebraska
Below is a list of the forms you need to file for divorce in Nebraska:
- 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 forms that are available in Nebraska for getting a divorce. However, keep in mind that you may not need to fill all of them out as you just need to prepare the ones that correspond to the circumstances of your case. Furthermore, our services can prepare all the necessary documents for you, so that you don’t have to learn all the nuances of the laws.
Online Divorce in Nebraska
Online divorce refers to the process of preparing the necessary documents through the help of an online service. It has become quite popular nowadays because you do not have to learn all the small details and nuances of the law. By just answering a few short questions online, you receive a packet of customized documents that fit the needs of your particular case. You can rest assured that they are done accurately and on time and that they get approved by the court. Services like ours also provide instructions on the next steps of the divorce process. Starting at only $139, we can help you save a lot of time and money.
Rules for Child Support and Visitation in Nebraska
In Nebraska, there is a rule that states that guardianship of the child should be in the child’s best interest. Other than that, the child should have frequent contact with both parents, therefore both spouses should equally participate in the child’s life. Every parent has the right to make important decisions regarding their child’s future. Courts also insist that each spouse prepare a parenting plan that details how long and when each parent will spend with the child.
Even after divorce, both spouses are obliged to provide financial support for 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
Spousal support, or alimony, can be provided from one spouse to another to help the more dependent spouse solve their financial problems. Financial support may be granted, provided that the paying spouse can afford it and the court takes the following factors when making the decision:
- Duration of the marriage.
- Financial condition of both spouses.
- Education and professional skills of both spouses.
- Circumstances of both spouses.
- The contribution that each spouse made to the 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
Common property is divided in a fair (not necessarily equal) way. If the spouses are unable to agree on how to divide the property, the court makes the decision by analyzing different factors such as the fault grounds.
The division of property consists of three stages:
- First is to distinguish between common property (those that were acquired during the marriage), separate property (those that were acquired individually prior to marriage), and mixed property.
- Second is to estimate in monetary terms all marital assets and liabilities.
- Third - based on the valuation of property, divide it in such a way that it is in equitable fashion and fair in relation to both spouses. Separate property is not subject to division.
Division of Debt in Nebraska
Spouses should also divide any debt acquired during the marriage such as mortgage loans, car loans, and credit card debts. Debt, like common property, should be divided fairly. In some situations, when a spouse wants to get more property, they can negotiate it by taking a large share of the debt to balance it out. In addition, some property can be immediately put up for sale, so that the spouses have the opportunity to pay off the debts.
Divorce Mediation in Nebraska
Mediation is a process aimed at helping the spouses negotiate and come to terms with the issues of their divorce. This is a good way to reach a compromise, as the work of intermediaries is aimed at finding a solution that satisfies both parties. Although it is voluntary, in certain situations, the court may require the couple to seek help from mediators.
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How to Divorce a Missing Spouse in Nebraska
In order to divorce a missing spouse, you must first complete all the same actions as for a normal divorce process: meet the residency requirements, select the appropriate forms, complete them, and file them with the court. You should then try your best to serve your missing spouse with copies of the divorce paperwork. If you are unsuccessful, you are entitled to Divorce by Publication. You need to publish once a week for 3 weeks in the local newspaper regarding your intention to divorce. In addition, you should also the Affidavit of Diligent Search form, which clearly describes all your attempts at locating your spouse.
Default Divorce in Nebraska
After your spouse is served, they have 30 days to respond to your request. If they fail to respond within this time, then you will be granted a default divorce. However, you will not be able to get it right away. You still have to wait at least 60 days from the time you submit all the paperwork before the judge appoints the first hearing, in which the divorce can be granted.
Annulment of Marriage in Nebraska
Annulment is the process that recognizes a marriage as invalid. Unlike a divorce, an annulment does not terminate a marriage but declares a marriage as it never even existed. There are certain grounds for annulment:
- 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 are married to someone else.
- If the marriage was concluded fraudulently, or through the use of the force.
Legal Separation in Nebraska
Legal separation is when spouses live separately but are still considered to be legally married. This is beneficial for couples who want to disperse, but the consequences of their divorce will be catastrophic. To obtain legal separation, you must also meet the state’s residency requirements as well as have legal grounds for separation (irreconcilable differences between the spouses). In addition, you must file a Petition for Legal Separation and a Decree for a Legal Separation with the court.
Same-Sex Divorce in Nebraska
Same-sex marriage and divorce have been recognized in Nebraska since June 2015. .The divorce process is the same as any other divorce procedure. However, the difficulty arises when it comes to the issue of property division. Since many same-sex couples cohabitated long before gay marriage became legal, it can be difficult to distinguish between common property and separate property.
Military Divorce in Nebraska
Legislation of Nebraska protects servement from divorce by default. According to the Soldiers and Sailors Civil Relief Act, the divorce process will be postponed for the entire period the spouse is on active duty and for an additional 60 days after that. The legislation also protects pension payments. A spouse can claim a part of the military pension only if the marriage lasted for 10 years or more, during which the military spouse was on duty. In addition, in the presence of minor children, financial support for the child or alimony can be no more than 60% of the military spouse’s wage and benefits.
How to Divorce a Spouse in Jail in Nebraska
In many states, the fact that the spouse is behind bars is enough reason to get a divorce. However, Nebraska is a no-fault state. So in order to terminate the marriage, you will have to go through all the same steps as in 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 the divorce paperwork can be delivered 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 financial opportunity to pay the court fee, you need to fill out the Proceeding without Payment of Fees. If the court is convinced of your difficult financial situation, you will be waived from the court fee.
How We Can Help
We can help with you all the issues and peculiarities of document preparation in Nebraska. Online document preparation and consultation is everything you need to be approved by the court and get a divorce. Reach out to us if have any questions as we are always here to help.
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