Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Nov 27, 2023, 9:49am
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In Nebraska, there are 2.6 divorces per 1,000 residents according to the Center for Disease Control and Prevention. If you decide you no longer wish to be married, you must go through the process to get a divorce in Nebraska so your union can be officially dissolved in the eyes of the law.
This guide to Nebraska divorce explains who can dissolve their marriage in the Cornhusker state and what the process of divorcing looks like.
To file for divorce in Nebraska, you must meet residency requirements. Here are the circumstances when you can file for a Nebraska divorce:
Military members living on a military base in Nebraska count as residents of the state if they have lived on the in-state base for at least a year or if they lived on the in-state base at the time they were married up until the time of the divorce.
You must have grounds to file for a divorce. Grounds are a justification or reason for ending the marriage.
If both you and your spouse state under oath that the marriage is irretrievably broken or if one of you states it is irretrievably broken and the other doesn’t deny it, the court can conduct a hearing and find that the marriage is in fact irretrievably broken and there are grounds for divorce.
If one spouse states under oath that there are grounds for divorce but the other denies this, the court will consider all relevant factors in determining if the marriage is irretrievably broken or not. Factors that the court consider include all of the circumstances that led to the divorce filing, as well as the prospects of getting back together.
The court must determine you’ve exhausted all reasonable efforts at reconciling before determining the marriage is broken beyond repair.
Nebraska only recognizes these no-fault grounds as grounds for divorce. There is no fault divorce in the state.
You must file for divorce in the district court where you or your spouse live. You can find the correct district court using a map of the courts on the State of Nebraska Judicial Branch website.
You must submit the required forms to the district court including:
Other forms may be required as well, especially if you are not pursuing a simple divorce. The Nebraska Judicial Branch provides a Self-Help Divorce Guide you can use to access the required documents and determine exactly what forms you must submit given the specifics of your circumstances.
You also must pay a fee to file for divorce. If you are unable to afford it, you must submit an Affidavit and Application to Proceed Without Payment of Fees.
Your spouse must be notified when you file for divorce. If your spouse is willing to sign a Voluntary Appearance, this will satisfy this requirement.
If your spouse will not sign this document, you must complete a Praecipe for Summons form and provide it to the court clerk who will arrange for the sheriff’s office to deliver the summons if your spouse lives in the same county.
If your spouse lives elsewhere, you must obtain a summons from the clerk’s office and deliver it to the sheriff in the county where your spouse lives so the sheriff can serve your spouse. You may also be able to use a private process server.
You can pursue either a contested or uncontested divorce in Nebraska, but it is often best to pursue an uncontested divorce when possible.
In an uncontested divorce, you and your spouse agree on all of the issues. You can draft your own divorce settlement rather than asking the court to make decisions for you on custody, division of assets or other matters relevant to your post-divorce life. Since you don’t need the court to make decisions, the divorce process can be cheaper and quicker. And you’re more likely to be happy with the outcome.
If you cannot agree, you will have a contested divorce. This means a divorce hearing is necessary in order to present arguments for your preferred outcome. This can be more stressful, result in outcomes that are less satisfying to everyone and cost a lot more money.
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The timeline for your divorce varies depending on whether you have children or do not have children, as well as depending on whether your divorce is contested or uncontested.
If you and your spouse are pursuing an uncontested divorce and have a written agreement that resolves all issues raised by the end of your marriage, you may be eligible for a decree of dissolution without a hearing 60 days or more after service of process. This is an option if both parties waive the required hearing, both parties certify in writing that the marriage is broken and all reasonable efforts at reconciliation have been exhausted and the court has justification to determine it has jurisdiction over the case.
Regardless of whether you take this approach or not, there is a 60 day waiting period before a judge will sign a decree dissolving your marriage. If you do not waive the hearing requirement, then the divorce could take longer than 60 days because of the need for a court hearing.
Once the judge has signed your divorce decree, Nebraska imposes an additional six month waiting period before you can remarry. Additionally, for purposes of continuation of health insurance, your divorce is not considered effective until the first day of the month after six months have elapsed since the date of the decree.
It is a good idea to get help from an attorney with your divorce in Nebraska. Your lawyer can guide you through the process and help to ensure your divorce goes as smoothly as possible and ends with a settlement that you’re happy with so you can move forward into a better future.
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