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Nebraska Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Nebraska. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Nebraska, certain forms may or may not be required by the Nebraska courts.
The Petitioner files either a Complaint for Dissolution of Marriage (No Children), DC 6:4(1), or a Complaint for Dissolution of Marriage (Children), DC 6:5(1), depending upon his or her situation. The Complaint identifies the parties, states the facts of the marriage, asks for relief. Form DC 6:5(1), provides detailed information about the residential history of the children of the marriage as well as parties who claim visitation or custody, if applicable. Form DC 6:5(1) must be verified and notarized; form DC 6:5(1) is signed by the Petitioner.
Confidential Party and Social Security, Gender, Birth Date(s), DC 6:5(11) through DC 6:5(12a)
The Confidential Party and Social Security, Gender, Birth Date(s) form, which is normally filed by the Petitioner, identifies the parties in the action and provides vital information about them.
Voluntary Appearance, DC 6:4(3)
Signed by the Respondent, the Voluntary Appearance enters his or her appearance in the case and acknowledges his or her recipient of the Complaint.
Praecipe for Summons/Personal Service, DC 6:4(4)
Praecipe for Summons/Personal Service, which is filed by the Petitioner when the Respondent does not enter a Voluntary Appearance, asks the Clerk of the Court to issue Summons and a copy of the Complaint to the Respondent.
Notice of Hearing, DC 6:4(5)
The Notice of Hearing, mailed by the Petitioner to the Respondent, informs the Respondent on the hearing date in the dissolution action.
The Decree of Dissolution (No Children), DC 6:4(6), or Decree of Dissolution (With Children), DC 6:5(3), whichever is applicable, ends the marriage. It states that the decree is "final and operative" 30 days after it is filled with the court, and that neither party may "remarry anyone anywhere in the world for six months" after the Decree is filed.
Certificate of Completion of Parenting Education Classes, DC 6:5(5)
Filed by the Petitioner and the Respondent, the Certificate of Completion of Parenting Education Classes attests to the fact each parent completed Parenting Education Classes, which are mandatory for divorcing spouses with children.
Financial Affidavit for Child Support, DC 6:5(2)
The Financial Affidavit for Child Support, filed by the Petitioner and notarized, lists their dependents, states the spouses' employment, the hourly or monthly incomes of both the husband and wife, their medical insurance coverage, retirement income plans. The court uses this affidavit to determine child support.
Three parenting plans are available for use. They are as follows:
> Parenting Plan, Parent-Created, DC 6:5(6), used when both parents can agree in the terms and conditions of custody and visitation, or
> Parenting Plan, Absent Parent, Court Use, DC 6:5(13), used when the court fashions a plan "[b]ecause the Noncustodial parent has not filed an Answer or has failed to cooperate in creating a parenting plan," or
> Parenting Plan, Absent Parent, Petitioner's Use, DC 6:5(14), used when the Petitioner proposes a plan because "the Custodial parent is uncertain of the Noncustodial parent's ability or willingness to be actively involved in the parenting of minor child(ren)."
A Petitioner who cannot find a missing spouses normally files these three forms, so the divorce action may proceed:
> An Affidavit in Support of Motion for Service by Publication, DC 6:6(2), details the efforts the Petitioner has made to locate the Respondent who cannot or will not be found;
> A Motion for Service by Publication, DC 6:6(1) asks the court to permit service by publication;
> Order for Service by Publication, DC 6:6(3) orders the action.
Notice of Divorce Proceeding
The Order for Service by Publication permits the Petitioner to publish a Notice of Divorce Proceeding - No Children, DC 6:6(4), or A Notice of Divorce Proceeding - With Children, DC 6:6(5), whichever is applicable, which gives the Respondent notice that he or she must respond in 60 days or the complaint "will be taken as true."
Decree - Service by Publication
After the Notice of Divorce Proceeding has been published, the Petitioner files either a Decree [No Child(ren)] [Service by Publication], DC 6:6(6) or a Decree [Child(ren)] [Service by Publication], DC 6:6(7), whichever is applicable, which, when signed by the judge, ends the marriage, but does not divide property, nor order child support (in the Case of a DC 6:6(7)).
Affidavit and Application In Forma Pauperis
An indigent party may filed an Affidavit and Application to Proceed In Forma Pauperis (Request to Proceed Without Payment of Fees), after which the court, if it approves the application, issues an Order to Proceed In Forma Pauperis, which exempts him or her from payment of fees.
The Nebraska court determines child custody and visitation according to the best interests of the child. The court seeks to maintain the continued involvement of both parents in the child's life. The determination of the best interests of the child includes consideration of the relationship of the child with each parent, the child's desires and wishes, to the extent that they are based on sound reasoning, the health, welfare and social behavior of the child, and credible evidence of any abuse of, or by, any family or household member.
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