Written By: Meagan Spomer
Executive Summary:
Deciding to end a marriage is emotionally heavy, but understanding how to file for divorce in Nebraska can help you feel more prepared and less overwhelmed as you take the next step. The Nebraska divorce process involves several important stages, from meeting residency requirements and filing a petition to serving your spouse and attending court hearings. While the legal steps may seem straightforward, each stage requires planning, strategy, and an understanding of your rights and responsibilities. This guide walks you through how the Nebraska divorce process works, what to expect at each stage, and how working with an experienced Omaha or Lincoln divorce attorney can make the process smoother.
Understanding the Basics of the Nebraska Divorce Process
Before you file for divorce in Nebraska, it helps to understand how the process works and what the law requires. Nebraska follows a “no-fault” divorce system, which means you don’t need to prove that your spouse did something wrong to end the marriage. In most cases, the only reason you need to give is that the relationship is “irretrievably broken,” meaning it can’t be repaired.
Step 1: Meet Residency Requirements
Before you can officially file for divorce in Nebraska, you’ll need to make sure you meet the state’s residency requirements. This is an important first step because filing in the wrong jurisdiction could delay your case or even get it dismissed.
Here’s what you need to know:
- Either you or your spouse must have lived in Nebraska for at least one year before filing.
- Military members stationed in Nebraska may meet the residency requirement.
- You must file in the district court of the county where you or your spouse lives.
Once you meet these requirements, you can move forward with the Nebraska divorce process without running into unnecessary delays.
Step 2: Prepare and File the Petition
The next step to file for divorce in Nebraska is drafting and submitting the petition for dissolution of marriage. This legal document explains your requests to the court and includes key details about property division, children, and support in either Omaha or Lincoln.
The petition typically includes:
- Names and addresses of both spouses
- Date and place of the marriage
- Grounds for divorce (usually “irretrievably broken”)
- Information about children, custody, and support requests
- Requests for property division and spousal support
Filing this petition officially starts the Nebraska divorce process. Once filed, the court in Omaha or Lincoln assigns a case number and sets the timeline for the next steps.
Step 3: Serve Your Spouse
After you file for divorce in Nebraska, the next step is to make sure your spouse is officially notified. This is known as “service of process,” and it’s how the court ensures your spouse knows about the case and has an opportunity to respond.
There are several ways to serve your spouse:
- A sheriff or process server can deliver the papers.
- Your spouse may voluntarily sign an “acknowledgment of service.”
- If your spouse cannot be located, you may request permission to serve them by publication.
It’s important to know that you cannot serve the papers yourself, and neither can anyone directly involved in the case. Friends or family members who are not parties to the divorce and are at least 21 years old may serve the papers, but using a sheriff (or process server) is the most common practice in Nebraska. Proper service is an important step in the Nebraska divorce process. Without it, your case cannot move forward.
Step 4: Wait for a Response
Once served, your spouse has 30 days to respond to the petition. If they agree to the terms, the divorce may proceed as uncontested, which typically simplifies and speeds up the process. If they disagree with any part of the petition, the divorce becomes contested, and the court will step in to help resolve issues like child custody, property division, or support.
No matter how your spouse responds, this step gives both of you the opportunity to share your side before making any final decisions.
Step 5: Temporary Orders (If Needed)
While the Nebraska divorce process is ongoing, you may need temporary court orders to address important issues like custody, child support, or use of the marital home. These orders help create structure and stability while your case is pending.
Examples of temporary orders include:
- Custody and parenting time schedules
- Child and spousal support payments
- Orders preventing asset dissipation or harassment
In some situations, you may also be able to request an emergency custody order if there’s an immediate concern for your child’s safety or well-being. These orders are typically granted quickly and stay in place until a more permanent custody arrangement is decided. An Omaha or Lincoln family law attorney can help you request and enforce temporary orders to protect your interests throughout the divorce process.
Step 6: Exchange Information and Negotiate
During the Nebraska divorce process, both spouses must share financial information like income statements, bank records, tax returns, and investment details. Full disclosure is required by law and helps ensure a fair outcome for property division and support.
After all the information is exchanged, the next step is usually negotiation. Many couples are able to work out agreements through settlement discussions or mediation, which can save a lot of time, money, and emotional stress compared to going through a full trial. Even if you don’t agree on everything at first, this step is often where progress is made toward resolving key issues.
Step 7: Final Hearing and Divorce Decree
If you and your spouse reach an agreement, the court will review it and, if approved, issue a Decree of Dissolution of Marriage. If disputes remain unresolved, the case will go to trial, and an Omaha or Lincoln judge will decide on all contested issues.
At this stage, your marriage is legally ended, and the terms of custody, support, and property division are legally binding.
How Long Does the Nebraska Divorce Process Take?
The timeline to file for divorce in Nebraska varies, but the state requires a 60-day waiting period from the date your spouse is served before the court can finalize the divorce. Uncontested cases may resolve shortly after that period, while contested cases can take several months or more.
Factors that influence timing include:
- Whether both parties agree on key issues
- The complexity of assets and custody arrangements
- Court scheduling and availability
Take the Next Step With Nebraska Legal Group
Filing for divorce in Nebraska is a big step, and it’s normal to feel uncertain about what comes next. You don’t have to handle it on your own. At Nebraska Legal Group, our Omaha and Lincoln divorce attorneys have helped countless clients navigate the Nebraska divorce process.
Whether you’re just starting to explore your options or you’re already in the middle of the divorce process, our team is here to guide you every step of the way. Contact Nebraska Legal Group today to schedule a consultation and get the support you need to move forward.
Meagan Spomer
Managing Attorney at Nebraska Legal Group
Meagan is the Managing Attorney for Nebraska Legal Group in Omaha with over a decade of experience in domestic relations law. Known as an empathetic yet pragmatic advocate, she helps clients reach sensible agreements that protect their families during difficult times. She is also a fellow of the American Academy of Matrimonial Lawyers and an active leader within the Nebraska State Bar Association.
Education: University of Nebraska College of Law
Years of Experience: 10+ years of high-level divorce experience