Filing for divorce in Nebraska requires completing specific legal forms and following proper procedures established by the State of Nebraska Judicial Branch. Understanding which Nebraska divorce forms you need and how to complete them correctly helps ensure your case proceeds smoothly without delays or complications.
The forms required for your divorce depend on your specific situation, including whether you have children, own property together, or agree on the terms of your separation. Using the correct Nebraska divorce forms from the beginning saves time, money, and frustration.
Different Types of Divorce Cases
Nebraska provides different sets of divorce forms depending on your circumstances. The Nebraska Judicial Branch organizes forms into categories based on case complexity.
Divorce Without Children or Property Disputes
If you have no children under age 19 and no disputed property, you can use simplified forms designed for straightforward cases. These Nebraska divorce forms work when both spouses agree on how to divide assets and debts.
This category applies when there are no minor children, no real estate owned together, no ongoing business operations, and no pension or retirement plans to divide. Neither party requests alimony, and all property and debts can be divided without argument.
Divorce With Children But No Disputes
When you have children but both parents agree on custody, visitation, and support arrangements, you use a different set of forms. These Nebraska divorce forms include additional documents addressing parenting plans and child support calculations.
This category requires that all minor children were born or adopted during the marriage to both parties, custody and visitation are agreed upon, no real estate or business interests need division, and neither party requests alimony.
Complex Divorce Cases
Cases involving custody disputes, significant property disagreements, business valuations, or contested issues require more extensive documentation. These situations typically benefit from attorney representation rather than self-filing.
Divorce Type | Forms Needed | Best For |
No Children, No Property Disputes | Simplified packet with basic forms | Couples with minimal assets and no children |
Children, No Custody Disputes | Standard packet plus parenting plan and child support forms | Parents who agree on custody and support terms |
Contested or Complex | Full documentation typically requires an attorney | Cases with disagreements over custody, property, or support |
Essential Forms for All Nebraska Divorces
Regardless of your specific situation, certain Nebraska divorce forms are required in every dissolution case filed in the state.
Complaint for Dissolution of Marriage
The Complaint for Dissolution is the primary document that starts your divorce case. When you file this form with the clerk of the district court, you officially begin the divorce process.
The complaint states basic information about you and your spouse, including full names, addresses, and length of residence in Nebraska. It declares that your marriage is irretrievably broken and requests that the court grant a divorce.
You must complete the complaint form clearly and accurately. Any errors can cause delays or require refilling. The State of Nebraska Judicial Branch provides specific instructions for completing this critical document.
Vital Statistics Certificate
Nebraska law requires you to file a completed Vital Statistics Certificate of Dissolution of Marriage or Annulment with every divorce filing. This form collects demographic information used by the Department of Health and Human Services to maintain vital records.
The certificate asks for details about both spouses, including education levels, race, employment status, and information about any prior marriages. If you don't know some of the requested information, you can write "unknown" in those fields.
According to Nebraska law, furnishing information to complete this record is a prerequisite to granting the final decree. Without a completed Vital Statistics Certificate, the court cannot finalize your divorce.
Confidential Information Forms
You must provide confidential information forms that are not part of the public court record. These Nebraska divorce forms include:
Confidential Employment and Health Insurance Information: This form provides details about employment and health insurance coverage for both spouses. The information helps courts make decisions about insurance continuation and support obligations.
Social Security, Gender, Birth Date Information: This form contains social security numbers, birth dates, and gender information for you, your spouse, and any children. The clerk keeps this form confidential to protect against identity theft.
Service of Process Forms
After filing your complaint, you must officially notify your spouse that you've started divorce proceedings. This notification is called service of process, and Nebraska law requires you to serve your spouse with notice of the divorce case.
Voluntary Appearance
The simplest way to serve your spouse is through a Voluntary Appearance form. If your spouse is cooperative, they can sign this form acknowledging they've received notice of the divorce case.
When your spouse signs a Voluntary Appearance, you don't need to use the sheriff's service or publication service. This method saves time and money while satisfying the legal requirement for notice.
File the signed Voluntary Appearance with the clerk of the district court. The 30-day period for your spouse to file an answer begins the day after you file this form. The 60-day waiting period before your final hearing also starts from this filing date.
Praecipe for Summons
If your spouse won't sign a Voluntary Appearance, you can have them served by the sheriff. The Praecipe for Summons is your request asking the clerk to issue a summons and have it delivered by law enforcement.
Complete the Praecipe form with your spouse's address and any other locations where they can be found. The clerk prepares a summons based on your information, then sends it to the sheriff for delivery.
You must pay the sheriff's fee for service when filing the Praecipe. Costs vary by county, so check with your local sheriff's office. If you received a fee waiver for your filing fee, you may not need to pay the sheriff's fee either.
Service by Publication
When you cannot locate your spouse despite reasonable efforts, you can request permission to serve them by publication. This involves publishing notice in a newspaper for three consecutive weeks.
Service by publication should be your last resort after other methods fail. If you serve your spouse this way, the court can grant your divorce but may have limited authority over other matters like property division or alimony.
Forms Specific to Cases With Children
When your divorce involves minor children, additional Nebraska divorce forms address custody, parenting time, and child support.
Parenting Plan Forms
Nebraska requires divorcing parents to submit a written parenting plan addressing legal custody and physical custody arrangements. The plan specifies where children will live and how parents will make major decisions about their upbringing.
Different parenting plan forms exist for different custody arrangements:
- Joint Legal and Sole Physical Custody: Use this form when parents share decision-making authority but children primarily live with one parent. This is the most common custody arrangement.
- Sole Legal and Sole Physical Custody: This form applies when one parent has both decision-making authority and the children live primarily with that parent. Courts use this arrangement less frequently, typically when one parent is unfit or unavailable.
The parenting plan must address education decisions, health care decisions, religious upbringing, extracurricular activities, and the specific parenting time schedule for both parents.
Financial Affidavit for Child Support
Every divorce involving children requires parents to complete a Financial Affidavit for Child Support. This form provides the court with detailed information about each parent's income, expenses, and financial circumstances.
The affidavit asks for information about gross income from all sources, mandatory deductions like taxes and insurance, expenses for housing and utilities, childcare costs, and health insurance expenses for children.
Courts use this information along with Nebraska's child support guidelines to calculate appropriate support amounts. Both parents must complete this form, even if they've agreed on a support amount.
Child Support Calculation Worksheet
Nebraska law requires divorcing parents to bring a completed child support calculation to their court hearing. This worksheet applies the state's child support guidelines to your specific financial circumstances.
You can use the child support calculator provided through the Nebraska Judicial Branch website. The calculator considers both parents' incomes, number of children, parenting time arrangements, and additional expenses like health insurance and childcare.
Parenting Education Course Certificate
All parties to a Nebraska divorce involving children must complete an approved parenting education course before the final hearing. These courses help parents understand how divorce affects children and how to minimize negative impacts.
After completing your course, file a Certificate of Completion of Parenting Education Course with the court. Attach documentation from the course provider showing you completed all requirements. The court cannot finalize your divorce until you've completed this mandatory education.
Additional Forms for Contested Issues
When you and your spouse disagree about divorce terms, additional forms become necessary.
Answer and Counterclaim for Dissolution
If you're the defendant (the spouse who didn't file the complaint), you have 30 days after being served to file an answer. The Answer and Counterclaim form lets you respond to your spouse's allegations and present your own requests to the court.
Use this form to contest claims made in the complaint, request restoration of your former name, present your version of the facts, or make your own requests for custody, support, or property division.
You must file your original Answer and Counterclaim with the clerk of the district court. Send a copy to your spouse by first-class mail and keep a copy for your records.
Notice of Hearing
Once your hearing date is scheduled, you must notify your spouse when and where the hearing will occur. The Notice of Hearing form provides this official notification.
Complete the form with the exact date, time, and location of your hearing. File the original with the clerk and send a copy to your spouse by first-class mail. Check with the clerk about how far in advance you must file this notice.
Decree of Dissolution of Marriage
The Decree of Dissolution is the final court order that officially ends your marriage. This form contains all terms of your divorce including property division, custody arrangements, support obligations, and any name changes.
You must prepare this form before your final hearing and bring it with you to court. If the judge approves your divorce, they will sign the decree. The decree becomes effective 30 days after the judge signs it.
Where to Obtain Nebraska Divorce Forms
The State of Nebraska Judicial Branch provides official divorce forms free of charge through multiple channels.
Nebraska Judicial Branch Website
The Nebraska Judicial Branch website offers downloadable PDF forms for all types of divorce cases. Visit the self-help section and select the category matching your situation to access the appropriate form packet.
Forms are organized by case type making it easy to find what you need. Each form includes detailed instructions explaining how to complete it properly. You can download, print, and complete forms at home.
Automated A2J Forms
The Nebraska Judicial Branch recommends using Access to Justice (A2J) automated forms for the most comprehensive guidance. These interactive forms ask you questions and generate completed documents based on your answers.
A2J forms provide step-by-step instructions and help ensure you don't miss important information. You'll need to click through several sites and agree to terms of use before accessing these tools.
Legal Aid of Nebraska
Legal Aid of Nebraska provides free automated family law forms through their website. These forms guide you through the completion process with helpful prompts and explanations.
Legal Aid also offers divorce clinics in certain counties where low-income individuals can receive free legal assistance with divorce forms and advice on the divorce process. Counties served include Buffalo, Dawson, Dodge, Gage, Hall, Jefferson, Madison, and Saline.
District Court Clerk Offices
Every district court clerk's office has copies of Nebraska divorce forms available for public use. You can visit your local courthouse and obtain paper copies of any forms you need.
While clerks can provide forms and general procedural information, they cannot give legal advice or help you complete forms. They also cannot tell you which forms to use for your specific situation.
How to Complete Nebraska Divorce Forms Correctly
Properly completing Nebraska divorce forms is essential for your case to proceed smoothly. Follow these guidelines to avoid common mistakes.
Gather Information Before Starting
Collect all information you'll need before beginning to complete forms. Having everything at hand prevents errors and incomplete submissions.
Information commonly needed includes:
- Full legal names of both spouses
- Current addresses and length of residence
- Social security numbers
- Birth dates and places of birth
- Marriage date and place
- Children's names, birth dates, and social security numbers
- Employment information and income details
- Asset and debt information
- Health insurance details
Type or Print Legibly
Nebraska divorce forms can be typed or printed by hand. If printing by hand, use clear block letters in dark ink. Forms that cannot be read may be rejected or cause delays.
Many forms are available as fillable PDFs that you can complete on your computer before printing. Typed forms are easier for court staff to read and process.
Follow Instructions Carefully
Each form comes with specific instructions explaining what information goes in each field. Read instructions completely before starting to fill out the form.
Pay attention to whether fields are mandatory or optional. Leaving required fields blank will cause your forms to be rejected.
Use Legal Names
Always use full legal names exactly as they appear on identification documents and official records. Nicknames and informal names should not be used on Nebraska divorce forms.
If either spouse wants to restore a former name, that request must be made in the appropriate form (Complaint for Dissolution for the plaintiff or Answer and Counterclaim for the defendant).
Sign and Date Forms
Most Nebraska divorce forms require your signature and the date you signed. Unsigned forms will be rejected by the clerk.
Sign in blue or black ink. Never use pencil or colored ink for signatures on legal documents.
Filing Your Nebraska Divorce Forms
Once you've completed all required forms, you're ready to file your case with the district court.
Where to File
File your Nebraska divorce forms with the clerk of the district court in the county where either you or your spouse currently lives. Each of Nebraska's 93 counties has a district court.
You cannot file in a county where neither spouse resides. Filing in the wrong county will result in your case being dismissed.
Filing Fee
Nebraska requires a filing fee to initiate a divorce case. The standard fee is $163, though fees can vary slightly by county. Ask the district court clerk to confirm the exact amount before filing.
Make your check or money order payable to the specific entity the clerk designates. Do not mail cash. If you're filing in person, some courts accept cash payment.
Fee Waiver Option
If you cannot afford to pay the filing fee due to low income, you can request a fee waiver. Complete an Application to Proceed In Forma Pauperis explaining your financial situation.
The judge will review your application and decide whether to grant the waiver. If approved, you can file your divorce without paying fees to the court. The fee waiver may also cover sheriff's fees for serving your spouse.
What Happens After Filing
When you file your Nebraska divorce forms, the clerk creates an official file for your case. You receive a case number that must appear on all future documents you submit.
The clerk also assigns your case to a judge. Contact the clerk's office if you need to know which judge will hear your case.
You must serve your spouse with notice within six months of filing your complaint. If you don't serve your spouse or file a Voluntary Appearance within six months, your case will be automatically dismissed.
Timeline and Waiting Periods
Nebraska law imposes specific waiting periods that affect how quickly your divorce can be finalized.
After your spouse is served with notice, they have 30 days to file an answer. This period starts the day after service occurs (or the day after you file a Voluntary Appearance).
You cannot request a final hearing until at least 60 days have passed from the date your spouse was served. This mandatory waiting period gives couples time to attempt reconciliation and work out settlement terms.
The 60-day period begins:
- The day after the sheriff serves your spouse in person
- The day after you file a Voluntary Appearance signed by your spouse
- The day after the last newspaper publication if you served by publication
Even if both spouses want the divorce finalized quickly, Nebraska law requires this minimum waiting period.
Local Rules and Procedures
Each Nebraska district court has local rules that supplement statewide procedures. These local rules affect filing, service, scheduling, and other aspects of your divorce case.
Check with your county's district court clerk to learn about local rules that apply to your case. Failure to follow local rules can cause delays or complications in your divorce.
Common areas where local rules vary include:
- Procedures for scheduling hearings
- Requirements for property and debt disclosure statements
- Specific formatting requirements for documents
- Timelines for filing certain documents before hearings
- Whether the court allows final hearings to be waived in uncontested cases
Getting Help With Nebraska Divorce Forms
While you can represent yourself in a Nebraska divorce, you're not required to navigate the process alone. Several resources provide assistance.
Legal Aid of Nebraska
Legal Aid offers free legal services to qualifying low-income individuals. Services include help completing Nebraska divorce forms, advice about the divorce process, and in some cases, attorney representation.
Contact Legal Aid to determine if you qualify for their services. They prioritize cases involving domestic violence, child custody disputes, or other urgent situations.
Self-Help Resources
The Nebraska Judicial Branch website provides extensive self-help information about divorce. Resources include form instructions, procedural guides, frequently asked questions, and educational materials.
These resources explain each step of the divorce process and help you understand what to expect. While they don't replace legal advice, they provide valuable guidance for self-represented individuals.
Limited Scope Representation
If you can't afford full attorney representation but need help with specific aspects of your case, consider limited scope representation. Under this arrangement, you hire an attorney for particular tasks while handling other parts yourself.
An attorney might help you complete complicated forms, review your settlement agreement, or represent you at a contested hearing while you handle simpler tasks independently.
Family Law Attorneys
For complex cases involving disputed custody, significant assets, or other contentious issues, hiring a family law attorney is typically worthwhile. An experienced attorney ensures your Nebraska divorce forms are completed correctly and your interests are protected.
Many attorneys offer free consultations where you can discuss your situation and get advice about whether you need representation. Even if you decide to proceed without an attorney, a consultation can provide valuable insights.
Moving Forward With Your Divorce
Completing Nebraska divorce forms correctly is the first step in ending your marriage legally. While the process involves paperwork and procedures, understanding what's required helps you navigate the system effectively.
Gather necessary information, download the appropriate forms, follow instructions carefully, and meet all deadlines. Whether you handle your divorce yourself or work with an attorney, proper completion of Nebraska divorce forms ensures your case proceeds smoothly toward resolution.
The State of Nebraska Judicial Branch provides the tools and resources you need to file for divorce in Nebraska. Take advantage of these resources, ask questions when you're unsure, and don't hesitate to seek help when your situation requires professional guidance. Your divorce marks the end of one chapter and the beginning of another, and handling the legal requirements properly helps you move forward with confidence.