The process to get a divorce in Nebraska is very similar to other states. However, there are a few steps and caveats that are unique to the state of Nebraska. Although the courts allow you to represent yourself in uncontested divorce cases with no children, seeing the steps that it takes to get a divorce in Nebraska makes it easy to see why hiring a divorce and family lawyer can be a better choice.
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Step 1: Make sure you meet residency requirements.
The state of Nebraska has specific rules about who can file for a divorce. In general, you must have been a resident of Nebraska for 12 months immediately preceding filing the Complaint for Dissolution. If you are married in Nebraska and move away, then move back to the state, you still must live there for 12 months before you can file the divorce.
The exception is that if you are married in Nebraska, continue to live in the state, and divorce within the first 12-month period of the marriage, you can still get a divorce in Nebraska. If you’re not sure you meet the residency requirements to file, talk to an experienced divorce and family lawyer.
Step 2: Find a capable attorney.
Courtroom lore says, “Only a fool has himself for a client.” Your first step in protecting your interests in your divorce is to hire a divorce and family lawyer. Having an attorney to represent you is wise, even if you could represent yourself. You should always have a divorce attorney in your corner advocating for you when there are children or large amounts of property involved.
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Step 3: File a complaint for dissolution.
A divorce in Nebraska is initiated by filing of a Complaint for Dissolution of Marriage, but the forms are very similar to those provided by other states. You must also complete a Vital Statistics Certificate, and Confidential Social Security & Birthdate Form. All of those forms need to be filed with the Complaint for Dissolution.
If you have an attorney they will file these forms for you. It is important to note that these forms must be free of errors for your divorce to progress.
Step 4: Serve notice of divorce filings.
You must notify your spouse that you have filed for divorce either by having them served by a sheriff or having them sign a voluntary appearance. Your spouse has 30 days to respond. They can either sign the forms showing their consent and return them to you or the court, or they can file contesting the divorce. Even if your spouse never responds, you cannot have your first divorce hearing until 60 days after they have been served or filing of a signed voluntary appearance.
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Step 5: Request a hearing or trial.
If the divorce is uncontested you will need to schedule a hearing to get the judge’s approval and signature. You will schedule a trial instead if your spouse contests any part of the Complaint for Dissolution. You must notify your spouse of the court date in writing reasonably in advance to give them time to get their own attorney or prepare to attend. Each District may also have specific rules about how much-advanced notice is required.
Step 6: Go to court.
Uncontested divorces are usually decided in one hearing. The hearing allows the judge to examine the case and ensure it is fair before allowing the divorce to be finalized. Contested divorces are trickier, but if only a few points are contested and there are no children involved you could still get your divorce in just one court appearance.
When children are involved or the divorce is contested, you should anticipate needing to go to court more than once. Some more complex divorce trials can drag on for months, and occasionally years depending on the situation. It is important to have an experienced divorce and family lawyer, because they can help limit court appearances as much as possible.
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Step 7: Wait 30 days for your divorce to be finalized.
When you go to court the judge grants your divorce by signing the documents and it is “final” except for purposes of an appeal. Parties have 30 days in which to appeal. Individuals are not allowed to remarry anywhere in the world for a period of 6 months after the divorce is finalized.
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What a Divorce and Family Lawyer Can Do for You
You can see that the process for getting a divorce in Nebraska may not be as clear cut as it seems. A divorce and family lawyer protects your interests and helps you get through the steps as quickly and painlessly as possible. Even when you feel capable of filing the paperwork and qualify to represent yourself, having someone else handle all the details takes some of the stress out of the situation. Our experienced divorce and family law attorneys can answer your questions you may have and help you understand the process, so please contact us today if you have any questions. We look forward to helping you through this difficult time.