Nebraska Divorce Certificate

When your divorce is finalized in Nebraska, you may need official documentation proving your marital status has changed. A Nebraska divorce certificate serves as legal proof of your divorce and is essential for various purposes like remarrying, changing your name, updating government records, or handling financial matters.

Understanding the difference between divorce certificates, divorce decrees, and divorce court records helps you request the correct document for your needs. Each serves different purposes and comes from different sources within the State of Nebraska.

This comprehensive guide explains everything you need to know about obtaining a Nebraska divorce certificate, including where to request it, what information you'll need, associated costs, and how long the process takes.

What Is a Nebraska Divorce Certificate

A Nebraska divorce certificate is an official vital record maintained by the Department of Health and Human Services that provides basic information about the dissolution of marriage. This certificate is different from the divorce decree issued by the court.

The certificate contains essential facts about the divorce, including the full names of both parties, the date the divorce was granted, and the county where it occurred. It serves as a condensed summary of the divorce rather than a detailed account of all terms and conditions.

Divorce certificates are printed on multi-colored security paper with a digitally enhanced state seal. These security features ensure the document's authenticity and prevent forgery. Only certified copies issued by the state carry legal weight for official purposes.

Divorce Certificate vs. Divorce Decree vs. Court Records

Nebraska maintains three different types of divorce records, and understanding the distinction helps you request the correct document for your needs.

Divorce Certificate

The divorce certificate provides proof that a divorce occurred but doesn't include details about property division, child custody, or financial arrangements. It's useful for basic purposes like proving you're legally divorced when applying for a marriage license or updating your name with Social Security.

The Office of Vital Records in Lincoln maintains divorce certificates for dissolutions that occurred from 1909 to the present. For divorces before 1909, you must contact the district court in the county where the divorce was granted.

Divorce Decree

The divorce decree is the actual court order signed by a judge that officially ends your marriage. This document contains all the terms of your divorce, including alimony, division of property and debts, child custody and visitation schedules, and child support obligations.

You need the divorce decree when you must prove specific terms of your divorce settlement. This might include showing custody arrangements to schools, proving spousal support obligations to lenders, or verifying property division for real estate transactions.

Court Records

Divorce court records include all documents filed during your case. This encompasses the original complaint for dissolution, answers and responses, motions filed by either party, evidence submitted, hearing transcripts, and the final decree.

These records are maintained by the clerk of the district court where your divorce was heard. While most divorce hearings in Nebraska are open to the public, courts have discretion to seal records or restrict access to only the parties involved.

Who Can Request a Nebraska Divorce Certificate

Not everyone can obtain a certified copy of a Nebraska divorce certificate. The state restricts access to protect privacy and prevent identity theft.

Eligible requesters include:

• Either spouse named on the divorce certificate
• Children of the divorced couple
• Legal representatives acting on behalf of eligible parties (attorneys with proper authorization)
• Individuals with a court order granting access to the record

If your name doesn't appear on the certificate, you must provide proof of your relationship to an eligible party. For example, children requesting their parents' divorce certificate should provide their own birth certificate showing their parents' names.

Ineligible requesters can sometimes obtain informational copies that provide basic details without revealing confidential information like social security numbers or financial details. These serve more as notifications than official legal documents and typically aren't accepted for legal purposes.

Why You Might Need a Divorce Certificate

Nebraska divorce certificates serve various important purposes in your post-divorce life. Understanding when you need this document helps you obtain it proactively rather than scrambling when deadlines approach.

Common reasons for requesting a divorce certificate include:

• Remarriage: Most states require proof of divorce before issuing a new marriage license
• Name change: Updating your name with Social Security, the DMV, banks, and other institutions often requires proof of divorce
• Passport applications: The State Department may request divorce certificates when processing passport applications or renewals
• Insurance changes: Removing an ex-spouse from policies or obtaining your own coverage typically requires documentation
• Government benefits: Applying for certain benefits or updating existing accounts may require proof of marital status
• Real estate transactions: Buying or selling property after divorce may require proving you're no longer married
• Immigration matters: Visa applications and citizenship processes often require complete marital history documentation
• Child support enforcement: Agencies may need divorce certificates when establishing or enforcing support orders

Having multiple certified copies on hand saves time and hassle. Many people order three to five copies when their divorce is finalized to avoid multiple requests later.

How to Obtain a Divorce Certificate in Nebraska

Obtaining a Nebraska divorce certificate involves several steps. Following the proper procedure ensures you receive your certificate quickly without delays or denials.

Step 1: Determine What You Need

First, confirm you need a divorce certificate rather than a divorce decree or court records. If you only need proof that your divorce occurred without details about terms, the certificate suffices. If you need information about custody, support, or property division, request your divorce decree from the district court instead.

Decide whether you need a certified copy for legal purposes or an informational copy for personal records. Certified copies are required for official transactions like remarriage or name changes.

Step 2: Gather Required Information

You'll need specific details about the divorce to complete your request. Having accurate information speeds up processing and reduces the chance of errors.

Information required includes:

• Full name of husband at time of divorce
• Full name of wife at time of divorce
• City or county where divorce was granted
• Month, day, and year divorce was granted
• Your relationship to the parties (if you're not one of the spouses)
• Purpose for requesting the certificate

If you don't have exact dates, providing approximate timeframes helps. However, accurate information produces faster results.

Step 3: Complete the Application

Nebraska requires you to submit a formal application for certified copies of divorce certificates. The Application for Certified Copy of Dissolution of Marriage Certificate must be completed legibly.

You can type or print the information clearly on the form. Include your complete contact information, including street address, city, state, zip code, daytime telephone number, and email address.

Sign the application and date it. The signature confirms you understand that obtaining vital records through deception is a felony under Nebraska law.

Step 4: Provide Identification

All requests must include a photocopy of your valid government-issued photo identification. Acceptable forms of ID include:

• Valid driver's license
• Valid state-issued ID card
• Valid passport
• Valid visa

Make a clear, legible copy of your ID and include it with your application. Without proper identification, your request will be denied and your payment returned minus the search fee.

Step 5: Calculate and Submit Payment

The fee for each certified copy of a Nebraska divorce certificate is $16.00. You can order multiple copies by multiplying the number of copies needed by $16.00.

Payment must be in the form of a check or money order made payable to "Vital Records." Cash is accepted for in-person requests, but cannot be mailed.

Include your payment with your completed application and identification. Fees are subject to change, so calling the 24-hour recorded message at 402-471-2871 to verify current fees is recommended.

Step 6: Submit Your Request

Nebraska offers multiple ways to submit your divorce certificate request. Choose the method that best fits your timeline and convenience.

Mail requests to : PO Box 95065 Lincoln NE 68509-5065

Include a self-addressed stamped envelope with sufficient postage if you want your certificate mailed back to you.

In-person requests at : Nebraska State Office Building 301 Centennial Mall South, First Floor Lincoln NE 68508

Office hours are Monday through Friday during regular business hours. Walk-in service provides faster processing than mail requests.

Step 7: Wait for Processing

Processing times vary depending on how you submit your request. In-person requests are typically processed while you wait or within a few hours. Mail requests take longer, usually between one to three weeks depending on volume.

If the Office of Vital Records cannot locate your divorce record or if you're not eligible to receive it, they will notify you in writing. The search fee is retained even if no record is found or your request is denied.

Vital Records Office Requirements

The Office of Vital Records has specific policies designed to protect privacy and ensure records are released only to authorized individuals.

Proper Purpose Requirement

All requests must meet the "proper purpose" requirement. You must explain why you need the divorce certificate and demonstrate you're entitled to receive it.

Valid purposes include legal, personal, or genealogical needs. Stating you need the certificate for a passport application, remarriage, or name change satisfies this requirement. Vague purposes or refusal to state why you need the certificate may result in denial.

Relationship Documentation

When requesting someone else's divorce certificate, you must prove your relationship to one of the parties. The type of proof required depends on your relationship.

For example, if you're requesting your parents' divorce certificate, provide your birth certificate showing their names. If you're requesting your spouse's divorce from a previous marriage, provide your marriage certificate to that person.

Without proper documentation of your relationship, your request will be denied even if you're technically eligible.

Fees and Refund Policy

The vital records office retains search fees even when records aren't found or requests are denied. This policy covers the cost of searching records and processing requests.

If you're unsure whether a divorce certificate exists for the timeframe and location you specified, consider calling the office first. Staff can often verify whether records exist before you submit a formal request and payment.

Expedited Service Options

If you need your Nebraska divorce certificate quickly, several options provide faster service than standard mail requests.

In-Person Requests

Visiting the Office of Vital Records in person provides the fastest service. Most in-person requests are processed while you wait or within a few hours.

Bring your completed application, valid photo ID, and payment. Staff can help ensure your application is complete and answer questions about the process.

VitalChek Service

VitalChek is an authorized third-party vendor that processes vital records requests on behalf of Nebraska. This service offers expedited processing and various shipping options for faster delivery.

Using VitalChek involves additional fees beyond the state's certificate cost. However, the convenience and speed may justify the extra expense when you need records urgently.

You can order through VitalChek online at their website or by phone. The service accepts credit cards, which is convenient when you don't have checks or money orders readily available.

Processing Times

Standard mail requests typically take one to three weeks from the date the Office of Vital Records receives your application. This includes processing time and return mail delivery.

In-person requests are usually completed within hours. VitalChek's expedited service combined with overnight shipping can get certificates to you within a few business days.

Plan ahead whenever possible. Waiting until you urgently need a divorce certificate creates unnecessary stress and may require expensive expedited services.

Accessing Older Divorce Records

Nebraska's Office of Vital Records maintains divorce certificates from 1909 to present. For divorces that occurred before 1909, you must contact the district court in the county where the divorce was granted.

Each of Nebraska's 93 counties has a district court that maintains its own records. Older records may be archived or stored differently than recent files, so contacting the specific court is necessary.

When requesting pre-1909 divorce records, be prepared to provide as much detail as possible about the divorce. The more information you provide, the easier it will be for court staff to locate old records.

Some counties have digitized older records, making searches easier. Other counties may require staff to search through physical archives, which takes more time. Be patient and understand that locating very old records can be challenging.

Privacy and Sealed Records

While divorce certificates and decrees are restricted to eligible individuals, divorce court records may be open to the public unless specifically sealed by the court.

Nebraska statute generally allows public access to court records. However, courts have discretion to close divorce hearings or restrict access to case files. This typically happens when sensitive information about children, domestic violence, or financial details needs protection.

If you believe your divorce records should be sealed to protect privacy, you can petition the court. You must provide compelling reasons why the need for sealing the record outweighs the public's interest in access.

Valid reasons for sealing records include protecting children from harmful information, preventing disclosure of trade secrets or proprietary business information, or protecting victims of domestic violence from further harm.

Correcting Errors on Divorce Certificates

If you discover errors on your Nebraska divorce certificate, you can request corrections through the Office of Vital Records.

Common errors include misspelled names, incorrect dates, or wrong locations. These mistakes typically occur during data entry when information is transferred from court records to vital statistics records.

To correct errors, you'll need to provide documentation supporting the correct information. This might include the original divorce decree from the district court, marriage certificates, or other legal documents showing the accurate details.

The Office of Vital Records will review your correction request and supporting documents. If the correction is approved, an amended certificate will be issued. Additional fees may apply for amended certificates.

Using Third-Party Services

Several third-party organizations and online services offer to obtain Nebraska divorce certificates on your behalf. These services charge additional fees beyond the state's costs but provide convenience.

Before using third-party services, verify they're legitimate and authorized to access Nebraska vital records. VitalChek is the state's authorized vendor, but other services may also be available.

Understand that third-party services don't have special access to records. They simply submit requests on your behalf. If you're not eligible to receive a certificate, a third-party service cannot obtain it for you.

Compare costs carefully. Third-party services may charge significant markup over the state's $16.00 fee per certificate. Determine whether the convenience justifies the additional expense for your situation.

Getting Help With Your Request

If you have questions about obtaining a Nebraska divorce certificate, several resources can help.

The Office of Vital Records operates a 24-hour recorded message at 402-471-2871 that provides current fee information and basic instructions. This automated system is available any time.

For specific questions about your request or situation, contact the Office of Vital Records directly during business hours. Staff can verify whether records exist, confirm eligibility requirements, and explain the application process.

If you need a divorce decree rather than a certificate, contact the clerk of the district court in the county where your divorce was granted. Each court has its own procedures for requesting copies of decrees and court records.

Protecting Your Divorce Certificate

Once you receive your certified Nebraska divorce certificate, protect it carefully. These official documents are valuable and difficult to replace.

Store certificates in a safe, dry place away from heat, moisture, and direct sunlight. Consider keeping them in a fireproof safe or safe deposit box along with other important documents like birth certificates and property deeds.

Make photocopies for situations where you only need to show proof of divorce but don't need to submit the original. Many organizations will accept copies for verification purposes, saving your certified copy for situations that absolutely require original documentation.

If you lose a certified copy, you'll need to request a replacement following the same application process and paying the $16.00 fee again. Ordering multiple copies when you first request certificates can prevent this situation.