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Getting divorced is not easy, emotionally or financially. If you have reached the point where you are seeking a divorce, you have likely experienced enough stress to last a lifetime. Now that you are ready to move forward, you want the process to be as quick and inexpensive as it possibly can be. Fortunately, getting divorced in Nebraska can be fairly straightforward, particularly if you meet the requirements for an uncontested divorce – where you and your spouse agree on issues like property division and child support and custody (if you have children). In this case, you’d need to complete the appropriate divorce papers in Nebraska and submit the to your county clerk to get started. Divorce papers prepared by CompleteCase.com can make the process even simpler, ensuring that you get only the divorce paperwork that you need for your situation. With the help of CompleteCase, you know you are submitting the right forms, filled out correctly, right from the beginning.
If you and your spouse are having difficulties in reaching an agreement on issues like property division or child custody, you may find the help of a divorce mediator beneficial. In the event that your divorce is complicated or there is significant disagreement on many issues. You may consider the assistance of a local divorce attorney.
The following information will help you to understand the divorce process in Nebraska, and how you can begin to move forward with your own divorce.
According to the Centers for Disease Control (CDC), as of 2022 the divorce rate in Nebraska was 3.5 for every 1,000 residents. Nebraska's divorce rate has remained fairly constant over the past 20 years, placing it in the lower-middle of divorce statistics by state.
Nebraska is what is referred to as a “no-fault” state. This means that the state only allows no-fault divorce. In a no-fault divorce, you do not need to place blame on one spouse for the divorce. You only need to state that the marriage has broken down, that you have “irreconcilable differences”. Most people prefer a no-fault divorce, as they are loss-costly and faster than most fault-based divorces.
Nebraska has a relatively long residency requirement to file for divorce in the state. Either you or your spouse must have resided in Nebraska for at least one year before you can file.
The specific Nebraska divorce papers that you fill out will vary depending on several things, including the circumstances of your marriage – like if you and your spouse have minor children – and possibly the county where you are filing. You should contact the county clerk where you are going to file to verify that you are completing all the necessary forms for your situation and those required by the county.
Some of the forms that all individuals seeking divorce fill out include the “Complaint for Dissolution of Marriage (with or without children)”, the “Vital Statistics Certificate” and the “Social Security Information Form”.
Avoid signing any of your divorce papers until you are in the presence of a notary public. The court will not accept statements, affidavits or oaths if they are not notarized. Many county courts have a notary on location to sign your documents, but you should check before you attempt to file at your local court.
The Official Nebraska Government Website has an Online Legal Self-Help Center where you can learn more about divorce in the state and where you can find various online divorce papers. You should read all the information you can on divorce before you begin. The more you learn about the process, the better you will be able to protect yourself during the coming legal process. If you find the various documents and legal terms confusing, understand that this is normal. Without legal training, it is difficult to know what some of the documents are asking and which documents you need for your specific circumstances. To help avoid unnecessary delays or costs, many people in Nebraska choose to get their divorce papers online from CompleteCase.com. By using our divorce form preparation service you will know that you are filling out the right documents, and that you are doing it correctly the first time.
When you have finished Nebraska’s required divorce papers, you will need to print and make at least two additional copies of each – one for your personal records and one to serve to your spouse. You will take the original set of documents to the county clerk where you or your spouse live. It is recommended that you call ahead to verify that you are bringing everything you need to file, including a form of payment for the state filing fee that the court will accept. If you cannot afford the filing fee, you can request an “Affidavit and Application to Proceed In Forma Pauperis”. Once the filing fee is considered paid, the clerk will stamp and file your documents.
The final step before your filing is complete is to serve your spouse. Serving simply means delivering a copy of your divorce papers to your spouse. If you and your spouse are on good terms, you can deliver them directly and get a signed “Voluntary Appearance” form to file with the clerk. If your spouse is not cooperative, you can have a sheriff serve the summons. You will need to pay a fee for this service. When the papers are served, the sheriff will give you a form which you can file with the clerk.
After your spouse has been served, you will need to wait for the court to review the documents and finalize the divorce. If you and your spouse agree on all aspects of the divorce, this can happen fairly quickly. If you need to argue your positions in front of the court, you can expect the divorce to take some time.