Nebraska Info

Nebraska Divorce Start Your Divorce Find Professionals Nebraska Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Nebraska Products Divorce by County

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Nebraska Divorce Support Nebraska Divorce Online

Nebraska Divorce Process
Preparing the Divorce Papers

The forms differ depending on whether the parties have children and also on whether a party is the plaintiff (the spouse who files for divorce) or the defendant (the spouse who responds). If the spouses have minor children (children financially dependent on the plaintiff and who aren't legally emancipated), the parties must file the Simple Divorce with Children forms. But if they do not have any minor children together, the plaintiff should use the Simple Divorce without Children forms.

If the spouses have minor children, the forms include the Complaint for Dissolution of Marriage with Children, the Confidential Party and Social Security Information Forms, and the Vital Statistics Certificate. The plaintiff may also prepare the Financial Affidavit for Child Support and the Parenting Plan as well.

The Complaint, Confidential Forms, and Vital Statistics Certificate start the divorce.

If the spouses have no minor children, the forms include the Complaint for Dissolution of Marriage without Children, the Confidential Party and Social Security, Gender, Birth Dates form and the Vital Statistics Certificate.

Neither the plaintiff nor the defendant should sign affidavits, oaths, or sworn statements unless he or she is in the presence of a notary. Most of the forms come with separate instructions, which should be read and kept handy.

Read more about Nebraska divorce forms


Filing the Paperwork with the Court

The plaintiff makes two copies of all documents and holds onto the original. One copy is filed with the court, one copy is sent to the defendant, and the plaintiff keeps the last one. The papers filed include the complaint, the Vital Statistics Certificate, and the Confidential Party Information and Social Security forms. There is a filing fee of $157 unless the plaintiff completes the Affidavit and Application to Proceed In Forma Pauperis and the court agrees that the fee should be waived because he or she is indigent. After paying the fee (or getting it waived) and presenting the correct, complete forms, the clerk creates a divorce file and assigns it a case number for all future documents.

Read more about Nebraska divorce facts


Serving the Documents

The other spouse should be served as soon as possible after filing with the court. He or she must be served within six months of filing the complaint, or the divorce case is automatically dismissed.

Nebraska requires personal service by hand-delivery or substituted service by mail.

Within 20 days of issue, the server, other than by certified mail, makes proof of service to the court stating the time, place (including the address if applicable), name of the person with whom the summons was left and method of service. Otherwise, they should return the undelivered summons to the court with a statement of the reason for the failure to serve. When service is by certified mail, the plaintiff, or plaintiff's attorney, files proof of service within ten days after return of the signed receipt.

Read more about Nebraska process service


Disclosing Financial Information

Both spouses have to complete the Financial Affidavit in a contested divorce, which happens when the parties do not agree on all the terms and conditions. The affidavit, a statement sworn in front of a notary public, details each partner’s financial picture - employment, assets and liabilities, and income and expenses. From this, the court understands more about, for example, how much child support should be paid, or whether one spouse needs alimony. A divorce with children also includes a Financial Affidavit for Child Support.

Uncontested vs. Contested Divorce

The grounds for dissolution of marriage must be substantiated with evidence or testimony; otherwise the court may dismiss the case. If the couples agree the marriage is irretrievably broken, the court will likely rule that the marriage is irretrievably broken.

If one of the parties disputes that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding of whether the marriage is irretrievably broken or not.

Finalizing the Divorce

In Nebraska, there is a 60-day waiting period after the dissolution is filed until the court grants the dissolution. If there are children involved or if there is any dispute over property, the divorce will most likely take longer.

Start Nebraska Divorce Start Your Nebraska Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Nebraska Divorce Find Nebraska Divorce Professionals in Your Area:
Join the Network
Nebraska Divorce Products, Services and Solutions Nebraska Divorce Products, Services and Solutions
Nebraska Divorce Resources to Help You Through the Process.
Online Parenting Class Nebraska Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Nebraska Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Nebraska is a no-fault divorce state. This means that the basis for obtaining a divorce is that a marriage is irretrievably broken. In filing for divorce, a spouse's complaint seeking dissolution of marriage must state the relief sought - such as child custody, property and child or spousal support rights.

FEATURED TOOL - Divorce Research Manuals (detailed discussion and analysis with references to cases, articles, and other resources)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"