Before filing for a divorce in Nebraska, you must meet specific residency requirements. Either you or your spouse must be a resident of Nebraska for at least one year before filing your divorce with the court. This requirement ensures that Nebraska courts have proper jurisdiction over your case.
The one exception to this rule applies when you were married in Nebraska, have been married less than one year, and have lived in Nebraska continuously since your marriage. In this situation, you can proceed with filing even though a full year hasn't passed.
If you or your spouse serve in the U.S. armed forces, you can meet the residency qualifications if one of you has been continuously stationed at a Nebraska military base or installation for one year prior to filing. You do not need to have the intention of making Nebraska your permanent home in this circumstance.
You must file your complaint for dissolution with the clerk of the district court in the county where you or your spouse lives. Filing in the correct county ensures proper jurisdiction and prevents unnecessary delays in your divorce proceeding.
Grounds for Divorce in Nebraska
Nebraska operates as a no-fault divorce state, meaning you don't need to prove wrongdoing or assign blame to obtain a divorce. The only legal ground required for divorce in Nebraska is that the marriage is "irretrievably broken," indicating there's no reasonable chance of reconciliation.
Even if one spouse denies that the marriage is broken, the judge will ultimately decide whether the marriage can be repaired. The court considers various factors including the circumstances that caused you to file for divorce, any possibility for getting back together, and other relevant factors affecting the relationship.
This no-fault approach offers several advantages. It simplifies the legal process by reducing conflict between spouses, as neither party needs to prove misconduct or fault. The process can be less emotionally taxing and more straightforward, allowing the court to focus on resolving key issues like property division, child custody, and support rather than determining who caused the marriage to fail.
Required Documents for Filing a Complaint for Dissolution
Filing for a divorce in Nebraska requires several essential documents that must be completed accurately and filed with the district court. Understanding what paperwork you need helps ensure your case moves forward without unnecessary delays.
The Complaint for Dissolution of Marriage serves as the primary document initiating your divorce. This form outlines the basis for your divorce and states what you're requesting regarding property division, custody, and support. When you file this document, you officially begin the divorce process, though you won't be divorced until the judge signs a Decree of Dissolution of Marriage and it's filed with the clerk.
Nebraska law requires that you file a fully completed Vital Statistics Certificate of Dissolution of Marriage or Annulment along with your complaint. If you don't know some of the information requested on this form, you must try to locate it. If you cannot find the information after reasonable effort, you may put "unknown" in the appropriate box. This certificate is a prerequisite to the granting of the final decree.
You must also provide a Confidential Party Information form and a Social Security Information form to the clerk of the district court when filing. These documents contain sensitive information about you, your spouse, and any minor children, including gender, dates of birth, and social security numbers.
Filing Fees and Fee Waivers
In order to file the Complaint with the clerk of the district court, you will need to pay the filing fee, which typically ranges from $157 to $163 depending on the county. This fee initiates your divorce case and provides you with a case number that must appear on all future documents filed with the court.
If you cannot afford to pay the filing fee because you have a very low income, you can ask the judge to waive the filing fee. Nebraska courts provide a process called "Proceeding Without Payment of Fees" that includes forms and instructions to help you request a fee waiver. If the court grants your Application to Proceed In Forma Pauperis, you won't have to pay the filing fee or certain other costs associated with serving your spouse.
Service of Process Requirements
After filing your complaint for dissolution, you must officially notify your spouse that you have filed for divorce. This official notice is called "service of process" and is a critical step in the divorce proceeding. You have three options for serving your spouse, and you must complete this step within six months of filing your complaint.
Voluntary Appearance
Your spouse can accept service by signing a Voluntary Appearance form. This is usually the best first option because it's less confrontational and tends to create less animosity at the start of the process. Signing a Voluntary Appearance does not waive any other rights in the divorce process, the divorce carries on just as it would if your spouse had been served personally. The 60-day waiting period begins the day after you file the signed Voluntary Appearance with the court.
Praecipe for Summons
If your spouse won't sign a Voluntary Appearance, you can have your spouse served by the sheriff. You file a Praecipe for Summons (pronounced "pray-si-pee") with the clerk of the district court, and the clerk prepares a Summons that tells your spouse when they must file an Answer. You'll need to pay the sheriff's service fee unless the court granted your Application to Proceed In Forma Pauperis. List all addresses where the sheriff might find your spouse, including home and work addresses.
Service by Publication: If you cannot get your spouse to sign a Voluntary Appearance and the sheriff is unable to serve a Summons on your spouse, you can ask the court for permission to serve your spouse through publication in a local newspaper. This method requires publishing notice at least once a week for three consecutive weeks. However, if you serve your spouse by publication, the court may be limited in what it can do beyond granting the divorce itself.
The Mandatory 60-Day Waiting Period
Nebraska law requires a mandatory waiting period of 60 days from the time your spouse is served before the court can finalize your divorce. This waiting period serves several purposes: it gives both parties time to consider reconciliation, negotiate terms, or prepare for further legal proceedings.
The 60-day waiting period begins depending on how service was accomplished. If the sheriff served your spouse in person, the 60 days begin the day after service. If you filed a Voluntary Appearance signed by your spouse, the 60 days begin the day after filing. If you served your spouse by publication, the 60 days begin the day after the last date the Notice of Divorce Proceeding was published in the newspaper.
Your spouse has 30 days after being served to file a written response to your Complaint with the court. Your spouse doesn't have to file papers responding to your Complaint but is entitled to do so. If your spouse would like their former name restored, they should file an Answer and Counterclaim for Dissolution of Marriage.
Even if your spouse never responds to the complaint, you still cannot ask the court to hear your divorce case until at least 60 days have passed from the time your spouse was served. This waiting period applies to all divorce cases in Nebraska, whether contested or uncontested.
Additional Requirements for Divorces Involving Children
When minor children are involved in your divorce, additional requirements and forms must be completed to protect the children's best interests. Nebraska law requires specific steps to address custody, parenting time, and child support.
Both you and your spouse must complete a parenting education class before the final hearing. The court provides a list of court-approved parenting education course providers, and you must verify that your chosen course is approved. After completing the course, you'll file a Certificate of Completion of Parenting Education Course with the court, attaching documentation from the provider.
You and your spouse must develop a written parenting plan that addresses legal custody, physical custody, and parenting time. Nebraska law defines two types of custody: legal custody (authority and responsibility for making fundamental decisions regarding the child's welfare, including education, health, and religious upbringing) and physical custody (authority regarding the child's place of residence and continuous parenting time).
You must also submit a Financial Affidavit for Child Support and a proposed Child Support Calculation. Nebraska courts use Child Support Guidelines to determine the appropriate amount of support. The amount of child support may be affected by an award of joint physical custody.
Requesting a Hearing and Preparing for Court
Once the 60-day waiting period has passed and all required documents are filed, you must contact the clerk of the district court to request a hearing date. Different courts have different procedures for scheduling hearings, so check with your local clerk's office for specific requirements.
After receiving your hearing date, you must notify your spouse when the hearing will be held by preparing and filing a Notice of Hearing. You must sign the original Notice of Hearing and file it with the clerk, then send a copy to your spouse by first-class mail. Make certain to check with the clerk about how far ahead of the hearing date you need to file the Notice of Hearing.
If your spouse was served by publication, you do not need to prepare and file a Notice of Hearing. The court considers publication sufficient notice for all proceedings in the case.
For uncontested divorces where all terms are agreed upon, the hearing allows the judge to examine the case and ensure it is fair before finalizing the divorce. Usually, only one party must attend this final hearing. The judge will review your settlement agreement, parenting plan (if applicable), and other required documents before signing the decree.
Understanding Contested vs. Uncontested Divorces
The distinction between contested and uncontested divorces significantly impacts the complexity, timeline, and cost of your dissolution of marriage.
An uncontested divorce means both spouses agree on all terms necessary to dissolve the marriage, including property division, debt allocation, alimony (if appropriate), and, if children are involved, custody, parenting time, and child support. If 60 days or more have passed since service and both parties waive the right to a hearing, the judge may grant the divorce without a formal hearing if all required documents are filed and both parties sign a written settlement agreement.
Uncontested divorces offer several benefits: they're typically faster, less expensive, less emotionally draining, and provide both parties with more control over the outcome. The process can often be completed in just a few months after the mandatory 60-day waiting period.
A contested divorce occurs when spouses cannot agree on one or more issues related to the dissolution. Even a single disputed issue, whether it's property division, alimony, custody, or support, makes the divorce contested. In these situations, you and your spouse must litigate the unresolved issues, which may require multiple court appearances and ultimately a trial where the judge decides the disputed terms.
Contested divorces are more complex, time-consuming, and expensive. They can drag on for months or even years depending on the complexity of the issues and the level of conflict between spouses. Some contested divorce trials can take considerable time, particularly when substantial assets, businesses, or complicated custody arrangements are involved.
When the Decree Becomes Final
Once the judge signs the Decree of Dissolution of Marriage and files it with the clerk's office, your divorce is granted, but it's not immediately final for all purposes. Understanding the finalization timeline is important for planning your next steps.
The divorce is not final for purposes of appeal for 30 days from the date the decree is filed. During these 30 days, either party has the right to appeal the judge's decision to a higher court.
For purposes of remarriage and certain other legal matters, Nebraska law imposes an additional restriction. You cannot remarry anyone anywhere in the world until at least six months and one day have passed from the date the decree is signed by the judge and filed with the clerk's office. This six-month restriction applies even though the divorce itself is legally complete.
The six-month waiting period for remarriage also affects health insurance coverage. If you want to keep your spouse on your health insurance policy, you may be able to do so during this six-month period, though this depends on your insurance carrier's specific policies.
Self-Representation vs. Hiring an Attorney
Nebraska law allows you to represent yourself in divorce proceedings, known as proceeding pro se (pronounced "pro-say"). While you're not required to hire an attorney, representing yourself in divorce cases, particularly those involving children, significant property, or contested issues, may not be appropriate or wise.
The clerk of the district court cannot help you prepare any legal documents and can provide only limited information about the process. The court will not assist or give legal advice to parties who don't have an attorney. If you fail to follow required procedures or local rules, you may not be able to finish your case.
An attorney can protect your interests, ensure all paperwork is completed correctly, advise you of your legally protected rights, help you understand complex legal procedures, and identify issues you might not have considered. There are certain legal rights that may be waived if not asserted, and an attorney ensures you don't inadvertently give up important protections.
Another option is Limited Scope Representation, where you hire a lawyer to handle only specific parts of your divorce rather than representing you throughout the entire process. This option can provide professional legal assistance for the most complex aspects of your case while allowing you to handle simpler tasks yourself, potentially reducing overall costs.
Resources and Support for Self-Represented Parties
Nebraska provides several resources to help individuals navigate the divorce process without an attorney or with limited legal assistance.
The Nebraska Judicial Branch website offers comprehensive self-help information for filing for divorce, including automated forms through Legal Aid of Nebraska. The "A2J" forms provide the most comprehensive set of instructions through a question-and-answer format that helps you complete the necessary paperwork.
Legal Aid of Nebraska provides free virtual divorce clinics on a monthly basis for persons representing themselves in divorce proceedings. These clinics serve residents of Buffalo, Dawson, Dodge, Gage, Hall, Jefferson, Madison, and Saline Counties. Attorneys provide legal assistance with divorce forms and advice on the divorce process. Participants must be low-income and pre-qualify for the clinic.
Each district court has specific local rules that may apply to your case. Check with the clerk of the district court in your county to ensure you understand and follow all local requirements. What works in one county may not be the same procedure used in another.
The Parenting Act Information Brochure contains helpful information about the court process and parenting issues for those with children. The clerk of the district court will provide you with a copy when you file your case.
Frequently Asked Questions About Filing for Divorce in Nebraska
How long do I have to live in Nebraska before I can file for divorce?
You or your spouse must be a resident of Nebraska for at least one year before filing for divorce. The exception is if you were married in Nebraska, have been married less than one year, and have lived in Nebraska continuously since your marriage. In that case, you can file immediately without waiting a full year. If you haven't met the one-year residency requirement, you can file for legal separation and later amend the complaint to request a divorce once you qualify.
What happens if I don't serve my spouse within six months?
If you don't serve your spouse or file a Voluntary Appearance signed by your spouse within six months of filing your Complaint for Dissolution, your case will automatically be dismissed. You would then have to start the entire process over, including filing a new complaint and paying another filing fee. This strict deadline emphasizes the importance of promptly taking steps to serve your spouse after filing.
Can I get a divorce if my spouse doesn't want one?
Yes, you can still obtain a divorce even if your spouse objects. Nebraska's no-fault divorce system means that if the court determines the marriage is irretrievably broken, the divorce can proceed. Generally, one spouse cannot stop a no-fault divorce, and objecting to the divorce request is itself considered an irreconcilable difference that justifies dissolution of marriage. If your spouse disputes that the marriage is broken, the court will consider all relevant factors and make its own determination.
Do I need to go to court for my divorce?
Not always. If you and your spouse settle all issues and the divorce is uncontested, most Nebraska courts only require that one party attend the final hearing. However, if you're unable to settle all issues and the divorce is contested, both parties must attend court proceedings including potentially a trial where the judge decides disputed matters. The number of court appearances depends on the complexity of your case and whether issues are contested.
Can I change my name back to my maiden name during the divorce?
Yes, either party may request to have their maiden name or a former name restored as part of the divorce. If you're the plaintiff filing the complaint, you include this request in your Complaint for Dissolution. If you're the defendant, you include it in your Answer and Counterclaim. The court must grant this request except for good cause shown. You'll need to present testimony at the hearing about your former name, and the name change will be specifically provided for in the decree.