Written By: Meagan Spomer
Executive Summary:
If you’re filing for divorce in Omaha or Lincoln, you might be surprised to learn that your case cannot move forward immediately. Nebraska law requires a 60-day divorce waiting period before a court will finalize a divorce in Nebraska. This mandatory delay can feel frustrating, especially when you want closure, but it serves an important purpose. The 60-day divorce rule in Nebraska gives both spouses time to reflect, negotiate key terms, and learn their rights before the divorce is complete. Understanding how this timeline works can help you plan ahead, avoid mistakes, and make informed decisions about your future.
Understanding the 60-Day Divorce Rule in Nebraska
Every divorce in Omaha or Lincoln is subject to the Nebraska divorce waiting period. After filing the initial paperwork, Nebraska law requires that 60 days must pass before a judge can finalize a divorce in Nebraska. The clock starts the day the non-filing spouse is properly served with divorce papers. Only after this 60-day period ends can the court issue a final decree.
The 60-day divorce rule in Nebraska applies whether your divorce is uncontested or contested, and it’s designed to slow the process just enough to ensure decisions aren’t made impulsively. Even if both spouses agree on all terms, the court will still wait the full 60 days before granting the divorce in Omaha or Lincoln.
Why Does Nebraska Require a 60-Day Waiting Period?
While it can feel like an unnecessary delay, the Nebraska divorce waiting period is meant to protect both parties and any children involved. There are several key reasons behind the 60-day divorce rule in Nebraska:
- Encouraging Reflection: Divorce is a major decision. The Nebraska divorce waiting period gives couples time to reconsider whether ending the marriage is truly the right choice.
- Supporting Settlement Negotiations: Many Omaha and Lincoln couples use the 60 days to work out issues like property division, spousal support, and parenting plans before they finalize a divorce in Nebraska.
- Protecting Children: If children are involved, the waiting period allows time to develop thoughtful custody and parenting arrangements that prioritize their children’s best interests.
- Reducing Court Congestion: The waiting period also helps the courts manage divorce cases more efficiently by spacing out final hearings.
When Does the Nebraska Divorce Waiting Period Begin and End?
It’s also beneficial to know how the Nebraska divorce waiting period is calculated. The countdown does not begin the day you file your petition. Instead, the 60-day divorce rule in Nebraska starts once the other spouse is officially served with divorce papers.
For example:
- If you file on January 1 but your spouse is served on January 5, the 60-day clock starts on January 5.
- The earliest the court could finalize a divorce in Nebraska would be March 6, assuming all paperwork and agreements are complete.
Even after the waiting period expires, the court will not finalize a divorce in Nebraska automatically. You must still schedule a final hearing with the appropriate court in Omaha or Lincoln and present any required agreements or supporting evidence.
How to Make the Most of the 60-Day Divorce Rule in Nebraska
Although the Nebraska divorce waiting period might seem like a roadblock, you can use this time productively to prepare for the next steps. Consider focusing on the following:
- Negotiate a Settlement: Use the 60 days to discuss property division, alimony, and parenting plans.
- Gather Financial Documents: Start organizing bank statements, tax returns, and retirement account information.
- Work on a Parenting Plan: If you have children, outline a custody and visitation schedule that works for both parties.
- Consult an Omaha or Lincoln Divorce Attorney: Working with an experienced divorce lawyer during the 60-day divorce rule in Nebraska can help you anticipate challenges and protect your interests.
- Plan Your Post-Divorce Future: Think through housing, budgeting, and other logistical changes before the court finalizes a divorce in Nebraska.
Are There Exceptions to the 60-Day Divorce Rule in Nebraska?
Nebraska law does not allow any exceptions to the 60-day divorce rule in Nebraska. The Nebraska divorce waiting period is mandatory in every case, and courts cannot waive or shorten it for any reason. Even if both spouses agree on all terms or there are urgent personal circumstances, the court must wait the full 60 days before it can finalize a divorce in Nebraska.
What Happens After the Waiting Period Ends
Once the Nebraska divorce waiting period ends, you or your divorce attorney must request a final hearing. At this hearing, the Omaha or Lincoln judge will review your settlement agreements , confirm that all legal requirements are met, and then finalize a divorce in Nebraska by issuing a final decree.
If you haven’t resolved all disputes after 60 days have passed, additional hearings or a trial may be necessary before your divorce can be finalized.
Work With an Experienced Omaha or Lincoln Divorce Attorney
The 60-day divorce rule in Nebraska may feel like an obstacle, but it is ultimately an opportunity. It gives you time to think clearly, make strategic decisions, and lay the groundwork for a stable future. Understanding how the Nebraska divorce waiting period works and using it wisely, you can reduce stress and speed up the final steps once the time comes to finalize a divorce in Nebraska.
At Nebraska Legal Group, our Omaha and Lincoln divorce attorneys are here to guide you through every step of the process, help you make informed decisions, and prepare you for what comes next. Contact us to schedule a consultation and start building the foundation for your next chapter.
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