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Nebraska Service of Process for Divorce
The Server

In Nebraska, process servers are not licensed. In counties without a constable, any person 21 or older (or a corporation, partnership or limited liability in some circumstances) may serve process. An individual or entity may serve process when he or she is not a party to the action, is not related to anyone in the action, does not have an interest in the action, is not a public official employed by the county where service is made, and furnishes a good and sufficient corporate surety bond in the sum of $15,000.

Serving Process

Anyone over 14 may be served by personal, residence, or certified mail service.

Generally, a plaintiff may elect to have service effected by personal service, which is made by leaving the divorce papers with the defendant. The plaintiff may also elect to serve process with residence service, by leaving the divorce papers at the usual place of residence of the individual to be served, with some person of suitable age and discretion living there, or certified mail service, within ten days of issuance, by sending the papers to the defendant by certified mail with a return receipt requested showing to whom and where delivered and the date of delivery, and filing proof of service, with the signed receipt attached, with the court.

Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit substitute and constructive service. In this regime, a notice summarizes the object and the prayer of petition, identifies the court, and notifies the party to be served that he or she is required to answer.

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.

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