Nebraska divorce records are official documents maintained by various state and county agencies that provide proof of marriage dissolution. The state of Nebraska offers three major types of divorce records that serve different purposes and contain varying levels of detail.
The divorce decree, also known as the decree of dissolution of marriage, is the primary document signed by a judge to finalize a divorce in district courts. This comprehensive document contains the court order officially ending the marriage along with declarations of rights and responsibilities for both parties. Information includes details about alimony, division of property, custody arrangements, child support, and visitation schedules.
Divorce certificates represent another type of record maintained by the Vital Records Office of the Department of Health and Human Services. When filing for divorce in Nebraska, parties must complete a Vital Statistics Certificate form, which allows the office to generate and maintain official certificates. These certified copies are printed on multi-colored security paper with a digitally enhanced state seal and serve as legal proof of divorce status.
Divorce court records encompass the complete case files from divorce proceedings, including court minutes, evidence, testimonies, and transcripts. These case records are maintained by district courts where the divorce was heard and provide the most comprehensive documentation of the dissolution process.
How to Access Nebraska Divorce Records
Accessing divorce records in Nebraska requires understanding which type of record you need and where to obtain it. The process becomes more straightforward when you follow a systematic approach to requesting documentation.
First, determine the specific type of divorce record required for your purposes. Consider whether you need a decree, certificate, or court record, and decide if your purpose requires certified copies or if informational copies will suffice. Official or legal reasons typically require certified copies, while informational copies may be adequate for personal research or genealogical purposes.
Next, identify the custodian of the record you're seeking. Divorce certificates from January 1909 to present are available from the Vital Records Office, while older certificates, decrees, and case records can be obtained from the clerk of the district court where the divorce was filed or finalized. Court case records may also be accessed through the JUSTICE court case search system, which provides access to cases filed in all 93 of Nebraska's county and district courts.
Before making your request, determine record availability and accessibility. Verify whether the record is public or sealed, confirm your eligibility to obtain the record, and understand if any information is confidential. Various request methods are available, including internet searches, mail requests, and in-person visits to district courts or the Vital Records Office.
Court Records and Court Case Information
The JUSTICE court case search system provides comprehensive access to divorce-related court records throughout Nebraska. This online system allows searches by party name or case number and provides detailed case information for a fee of $15 per search. The system includes a 24-hour lag time between when a new case enters the system and when it appears in searches.
Court case records available through JUSTICE include case details such as trial dates and outcomes, party listings including plaintiffs and defendants along with their attorneys, court cost information, payment records, register of actions documenting everything done with the case, and images of documents filed after April 16, 2008.
Court employees may search for specific court records when provided with identifying information including complete party names, case years, or case types. They also provide photocopies and certified copies of court records specifically identified by case number. However, court employees will not provide certificates stating they have searched and found no record.
Who Can Obtain Nebraska Divorce Records?
Access to divorce records in Nebraska depends on the type of record and the relationship of the person requesting it. Divorce certificates, decrees, and sealed court records may only be obtained by parties mentioned in the document, specifically the divorced couple and their children. Legal representatives of eligible parties can also obtain divorce records on their behalf.
When requesting a certificate for anyone other than yourself, you must provide proof of your relationship. For example, when requesting your parents' birth records, you would provide your birth certificate showing your parents' names. When requesting your spouse's birth record, you would provide a copy of your marriage record.
Case records that have not been sealed or restricted by the court remain open to members of the public under the Public Records Act. However, certain information is always protected regardless of public access. Social security numbers and full financial account numbers are prohibited from being included in publicly available records and must be filed as confidential documents with the court.
Nebraska Vital Records Office Procedures
The Office of Vital Records, now located at 301 Centennial Mall South, First Floor, Lincoln, NE, preserves birth, death, marriage, and divorce records occurring in Nebraska. All requests must meet proper purpose requirements, and the office will retain search fees even if no record is found or if the wrong person requests the record.
To obtain divorce certificates from 1909 forward, interested persons should complete the Application For Certified Copy Of Divorce Certificate form and mail it along with required fees (money order or check) and a copy of valid identification. Processing times typically range from one to 15 working days depending on the custodian and request method.
Certified certificates issued by the Vital Records Office serve various legal purposes, including providing proof of identity for obtaining driver's licenses, Social Security cards, passports, school registration, sporting activities, property transfers, and collecting retirement benefits or life insurance.
Accessing Nebraska Divorce Records Online
Nebraska divorce records are increasingly accessible through online systems, making research more convenient for eligible requesters. The JUSTICE system provides statewide access to court case records through both one-time searches and subscription services.
A one-time search allows access to information about court cases throughout Nebraska for an upfront search fee payable by credit card. The research and corresponding results can be viewed over a three-day timeframe, with a 30-case limit per search. Persons seeking to make multiple or frequent court records searches should consider subscribing through Nebraska.gov, which provides the same access to all JUSTICE cases in county and district courts with monthly billing.
Information about divorces may also be obtained through websites or indexes of district courts in the state or through third-party vendors. However, divorce details on these sites are mainly posted as notices, so information may be very basic or incomplete. For comprehensive and official records, direct requests to the appropriate custodian remain the most reliable method.
Privacy and Sealing Divorce Records
While divorce certificates and decrees are restricted to eligible individuals, additional privacy protections exist for sensitive information. Parts of divorce paperwork, such as social security numbers of parties, must be filed as confidential documents with the court and are not available for public access.
In most instances, courts close divorce hearings from public view. However, in rare cases where certain divorce records remain open to the public, either party may petition the court to seal such records. The individual must provide valid and compelling reasons why the need for sealing the record supersedes the need for public knowledge and demonstrate how public understanding of the record may harm the parties involved.
Even if both parties agree to seal records, the decision rests with the judge. Parties need to show special reasons for the court to seal documents from the public in their particular case. Once sealed, extra steps are required even for the parties themselves to review documents in the court record.
The court balances the need for public records with privacy concerns by requiring enough information in public documents to clarify which spouse receives which assets or debts without jeopardizing the security or privacy of the parties. For example, accounts might be identified by the last four digits of account numbers to distinguish between multiple accounts at the same bank without disclosing full account numbers.
Fees and Processing Times for Nebraska Divorce Records
Charges for obtaining divorce records may include administration, duplication, or research costs. Set fees vary across counties but should not exceed standard rates established by state law. All certified and photocopy fees in county courts are assessed and collected in accordance with Nebraska Statute 33-126.05.
Processing times depend on several factors, including the custodian, the request method, and the completeness of the information provided. Walk-in requests at district courts may be processed more quickly than mail requests. Once the custodian receives a request, review and processing typically take between one and 15 working days.
The JUSTICE online search system provides immediate access to available information for the $15 search fee, with results accessible for three calendar days following the search. Searches with no results still require payment, as the fee covers the search service itself rather than guaranteeing results.
Important Considerations When Requesting Records
Several important factors should be considered when requesting Nebraska divorce records. First, ensure you have accurate identifying information including complete party names, approximate dates of divorce, and the county where the divorce occurred. This information significantly streamlines the search process and increases the likelihood of locating the correct records.
Remember that there is no national database for divorces. If you're unsure where someone divorced, you may need to conduct separate searches in multiple states or counties. Within Nebraska, the statewide JUSTICE system simplifies this process by allowing searches across all 93 county and district courts.
Be aware of retention schedules for court records. Some older records may have been destroyed in compliance with State of Nebraska Records Retention and Disposition Schedule 18. For genealogical use, only birth and death records are available for request through the Vital Records Office, and specific eligibility requirements apply.
Understanding the distinction between informational and certified copies is crucial. Informational copies provide basic information about a divorce without revealing confidential details like financial information, social security numbers, or medical records. They serve more as notifications than official documents. Certified copies, on the other hand, are required for legal purposes and contain the full documentation with official seals.
Resources for Nebraska Divorce Records Research
Multiple resources are available for individuals seeking Nebraska divorce records. The Nebraska Judicial Branch website provides self-help information about court records and access procedures. The Nebraska.gov portal offers both individual case searches and subscription services for frequent users.
District court clerk offices throughout Nebraska's 93 counties serve as primary resources for divorce decrees and court records from their jurisdictions. The Douglas County Clerk's office, serving the Omaha area, handles a significant volume of divorce records given the county's population.
Legal assistance may be beneficial when navigating complex record requests or when seeking to seal records. Family law attorneys throughout Nebraska can provide guidance on accessing records and understanding the legal implications of divorce documentation.
Frequently Asked Questions About Nebraska Divorce Records
Where can I obtain Nebraska divorce records?
Nebraska divorce records can be obtained from three primary sources depending on the type of record needed. Divorce certificates from January 1909 to present are available from the Vital Records Office at the Department of Health and Human Services in Lincoln. Divorce decrees and court records are available from the clerk of the district court where the divorce was filed or finalized. Additionally, court case records can be searched online through the JUSTICE court case search system, which provides access to cases filed in all 93 of Nebraska's county and district courts.
Are divorce records public in Nebraska?
Divorce records in Nebraska have varying levels of public accessibility depending on the type of record and the information contained. Divorce decrees are generally public records accessible through district courts, though certain information such as social security numbers and full financial account numbers must be filed separately as confidential documents. Court case records that have not been sealed or restricted by the court are open to members of the public. However, divorce certificates from the Vital Records Office are restricted to eligible parties including the divorced couple, their children, and legal representatives.
How much does it cost to obtain divorce records in Nebraska?
The cost of obtaining divorce records in Nebraska varies depending on the source and type of record requested. Searching the JUSTICE court case search system costs $15 per search, which provides access to case information for three calendar days with a 30-case limit. Fees for certified copies from the Vital Records Office or district court clerks include administration, duplication, and research costs that vary by county but must comply with standard rates established by Nebraska Statute 33-126.05. Payment for Vital Records requests must be made by money order or check, along with the completed application form.
How long does it take to receive Nebraska divorce records?
Processing times for Nebraska divorce records typically range from one to 15 working days, depending on the custodian and the method of request. Walk-in requests at district courts may be processed more quickly than mail requests to the Vital Records Office. The JUSTICE online search system provides immediate access to available court case information for a search fee, with results accessible for three calendar days. The actual processing time depends on factors including the completeness of identifying information provided, the age of the record, and the current workload of the records custodian.
Can I access Nebraska divorce records online?
Yes, certain Nebraska divorce records are accessible online through multiple systems. The JUSTICE court case search system provides statewide access to divorce-related court records filed in all 93 county and district courts, available through one-time searches or subscription services via Nebraska.gov. Individual district court websites may also provide indexes or basic information about divorce cases. However, complete divorce certificates and decrees typically require direct requests to the Vital Records Office or district court clerks. Information available online through third-party vendors is often basic or incomplete, serving more as notices than comprehensive official documentation.