Divorce With No Children Go to www.legalaidofnebraska.org/node/418- Click on “Divorce without Children automated court forms” In order to type in your divorce paperwork online, you will need the following information at the computer with you:
Full Answer
You'll need to decide whether:
If your divorce is expected to be mutually agreeable, civil, and uncontested, it might be advantageous to go through the divorce process without an attorney (pro se). Doing so can save you money and make the process less adversarial. Follow these guidelines if you decide getting a divorce without a lawyer is right for you.
The Divorce Filing Process
Uncontested divorce There are no special rules for uncontested divorces in Nebraska but they are generally the quickest. Unlike with a pro se divorce, in an uncontested divorce, the couple may still hire an attorney to assist in drawing up the paperwork and to negotiate any final issues.
Filing the forms However, filing the Complaint is only the beginning of the process – you will not be divorced until the judge signs a Decree of Dissolution of Marriage and the Decree is filed with the clerk of the district court.
You start the legal process by filing a Complaint for Dissolution with the clerk of the district court in the county where you or your spouse lives. There is a cost to file a Complaint for Dissolution. Once you file, you will be given a case number for your case.
If the divorce is uncontested (you and your spouse agree to divorce AND on all the main issues AND are prepared to sign the paperwork to this effect), you can be granted a divorce around two months later.
To file for divorce in Nebraska, you can file a petition stating that your marriage is irretrievably broken. If your spouse does not deny the statement or if your spouse agrees that it is broken, the judge will determine if in fact your marriage is broken.
Nebraska has a 60 day waiting period for divorces. The 60 day waiting period begins when your spouse was served with notice of the divorce. That means at least 60 days must go by after your spouse was served before your lawyer can set up your final divorce hearing.
For the most part, the divorce process is actually quite slow. It can take up to 3 months to get a conditional order (decree nisi) and 10 months for the final order.
If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce without the help of a lawyer. However, it is always advisable to at least have a lawyer look through your agreement in an uncontested divorce to make sure that your rights and interests are protected.
Adultery is not a crime in Nebraska. Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and custody decisions but in most cases it carries little weight in the overall decision.
When you file the Petition for Dissolution of Marriage, you will need to pay a fee of $158.00. This is the current fee in Nebraska for filing for divorce. If you are on a low income and are unable to pay this fee, you may obtain permission from the court to have the fee waived.
Whether a couple is formally or informally separated, they are still married. That means that any extramarital relations or dating during this period could be considered adultery.
If it is equitable and reasonable, the court could give you 90% of the marital property and leave your spouse with the other 10%. Although that's possible, most of the time the court will award a spouse one-third to one-half of the marital property to achieve an equitable result.