what do i do when i get to the courthouse for divorce no lawyer nebraska

by Antonia Gaylord 3 min read

Once you (1) file the Complaint, (2) file the Vital Statistics Certificate, (3) give the Confidential Party Information and Social Security Information forms to the clerk of the district court, and (4) either pay the filing fee or have the filing fee waived by the judge, the clerk will create a file on your divorce case.

Full Answer

Do you need a lawyer to get a divorce in Nebraska?

You must go to the hearing and testify (talk under oath) in open court about your divorce. Once you have testified, the judge will decide if you will get a divorce and if the Decree of Dissolution that you prepared is done correctly. If the judge signs the Decree, that means that the judge has decided to grant your divorce.

Where can I get help with a divorce in Nebraska?

You must go to the hearing and testify (talk under oath) in open court about your divorce. Once you have testified, the judge will decide if you will get a divorce and if the Decree of Dissolution that you prepared is done correctly. If the judge signs the Decree, that means that the judge has decided to grant your divorce.

How long does a divorce case take in Nebraska?

Doing a Pro Se divorce means you are representing yourself in your divorce case, without hiring a lawyer to file the divorce papers for you. The court procedures that you follow when filing for your own divorce are the same as if you hired a lawyer, only you are the one completing and filing the divorce paperwork with your local courts. 3StepDivorce TM for Montana makes it fast and …

What are the residency requirements for a divorce in Nebraska?

The first step in filing for divorce is knowing where to bring your paperwork. You must file your petition for dissolution in the district court of the county in which one or both of the spouses resides. (Neb. Rev. Stat. § 42-348 (2021).) You can find your court by visiting the Nebraska Judicial Branch website.

How long does an uncontested divorce take in Nebraska?

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.

What is the process of a divorce in Nebraska?

Once you (1) file the Complaint, (2) file the Vital Statistics Certificate, (3) give the Confidential Party Information and Social Security Information forms to the clerk of the district court, and (4) either pay the filing fee or have the filing fee waived by the judge, the clerk will create a file on your divorce ...

How do I file for an uncontested divorce in Nebraska?

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.

How fast can you get a divorce in Nebraska?

In Nebraska, there is a 60-day waiting period after the dissolution is filed until the court will grant the dissolution. If there are children involved or if there is any dispute over property, the divorce will most likely take longer.

How do you get legally separated in Nebraska?

You can seek a formal legal separation by filing a petition with the court. You don't need to prove fault to bring a legal separation action. Nebraska allows a couple to obtain a legal separation even if only one spouse agrees.

Is Nebraska a 50/50 State in divorce?

Nebraska is an equitable distribution state, meaning that marital assets and liabilities are split fairly, but now necessarily 50/50. The courts prefer both parents to remain actively engaged in their children's lives after divorce, so joint custody is strongly preferred unless there are extenuating circumstances.

How long after a divorce can you remarry in Nebraska?

six months and one day
According to Nebraska law, you cannot then marry anyone until at least six months and one day from the date the decree is signed by the judge and filed with the Clerk's office. This law applies to Nebraska residents who want to remarry anyone anywhere in the world.

Who gets the house in a divorce in Nebraska?

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.

Is adultery a crime in Nebraska?

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.Jun 4, 2019

How long does it take to get a divorce in Omaha Nebraska?

For many uncontested cases, the stipulated Decree is submitted very soon after the 60 day waiting period is up. Thus, many uncontested divorce cases in Nebraska are resolved in 2-3 months. On the other hand, contested cases take time.Feb 8, 2021

At what age can a child refuse visitation in Nebraska?

There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.Aug 27, 2019

Can you get alimony in Nebraska?

In the majority of cases, Nebraska courts don't award alimony. If they do, it's for a short time – long enough for the spouse receiving support to get training or education or find a job. It's sometimes called “rehabilitative spousal support.”Jul 6, 2020

What counties in Nebraska have divorce clinics?

Divorce Clinic for residents of the following counties: Buffalo, Dawson, Dodge, Gage, Hall, Jefferson, Madison, and Saline Count y. Legal Aid of Nebraska provides a free, virtual divorce clinic on a monthly basis, for persons representing themselves in a divorce. Attorneys provide legal assistance with divorce forms and advice on the divorce process. Must be low-income and pre-qualify for the clinic. For more information and to apply, visit http://www.legalaidofnebraska.org/divorceclinic/ .

How long do you have to live in Nebraska to get divorced?

You or your spouse must be a resident of Nebraska for at least one (1) year before filing your divorce with the court. The one exception is when you were married in Nebraska, have been married less than one (1) year, and have lived in Nebraska the entire time since your marriage.

What to do if your spouse is not paying child support?

Usually, it is best to try the Voluntary Appearance first. If that does not work, then try the Praecipe for Summons. If that does not work, then try Service by Publication. If you serve your spouse by publication, the court may not be able to award child support.

What to do if your address changes after filing a complaint in Nebraska?

If your address is confidential under Nebraska or Federal law, provide only the county and state and provide an alternative address for mailing of notice.

Where to file a complaint for dissolution?

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.

How to get your name back after you change your name?

If one or both individuals changed their name and wants to have their former name restored, they must individually ask the court to restore their former name using the Complaint for Dissolution (if Plaintiff) or the Answer and Counterclaim (if Defendant).

What to do if you fail to follow the local rules?

Each district court has specific local rules that may apply in your case. Check with the clerk of the district court in your county . If you fail to follow the local rules, you may not be able to finish your case. It is recommended that you use the “A2J” forms (click the link on the right side of this page) for the most comprehensive set ...

What happens when you end a marriage in Nebraska?

When you decide to end a marriage in Nebraska, the no-fault is declaring the marriage as irretrievably broken. In filing for divorce, the first thing you need to decide is whether you want to hire and attorney, or file on your own, Pro Se.

What is a pro se divorce?

Doing a Pro Se divorce means you are representing yourself in your divorce case, without hiring a lawyer to file the divorce papers for you. The court procedures that you follow when filing for your own divorce are the same as if you hired a lawyer, only you are the one completing and filing the divorce paperwork with your local courts. 3StepDivorce TM for Montana makes it fast and affordable to complete the required paperwork which is ready for signing and filing.

Can a high net worth marriage cause an uncontested divorce?

In a high net worth marriage, often there may be a complicated marital estate which then decreases the likelihood of an uncontested divorce. In this instance, it may be advisable to contact a lawyer who can advise you of your legal rights.

Where to file for divorce in Nebraska?

The first step in filing for divorce is knowing where to bring your paperwork. You must file your petition for dissolution in the district court of the county in which one or both of the spouses resides. (Neb. Rev. Stat. § 42-348 (2021).) You can find your court by visiting the Nebraska Judicial Branch website. The website identifies each judicial district and the names and addresses of the judges who preside in those courthouses. Filing in the incorrect court might result in the judge dismissing your case and requiring you to start the process over.

How long does it take to get divorced in Nebraska?

However, to get divorced in Nebraska, you or your spouse must have resided in Nebraska for at least one full year before filing for divorce. (Neb. Rev. Stat. § 42-349 (2021).)

What is an uncontested divorce in Nebraska?

An uncontested dissolution simply means that both spouses agree on all the key terms of the divorce, including: child support, health and dental insurance, and medical expenses for the children.

What happens after a short period of time in a divorce?

After a short period, a defendant will be deemed "in default," and the plaintiff can schedule a final hearing, which is a very common way of proceeding with an uncontested divorce.

What is the most important document to file for divorce?

You will need to complete several documents, but the most important for the plaintiff is the divorce complaint. The complaint provides information about the spouses and their marriage, and it includes a request from the plaintiff for the court to order specific relief, like granting the divorce or ordering the defendant (the other spouse) to pay alimony. (Neb. Rev. Stat. § 42-353 (2021).)

What is the next step in serving a defendant?

The next step is for the plaintiff to serve the defendant. "Service" is the official means by which you make sure that the other spouse gets a copy of your documents. If you and your spouse have already been talking and reached an agreement, it might seem silly to have to serve the documents, but you must do it.

How long do you have to wait to file a complaint with your spouse?

If you have children, you must complete the required parenting education during this 60-day waiting period. Your spouse has 30 days after receiving the paperwork to file an answer to your complaint—the answer should identify what is in dispute (if anything).

How long do you have to pay child support?

Adjustments can be made both up or down for the accepted norms. Also, parents must pay child support until a child turns 19 in most cases. There are several forms that can assist you with child support calculations:

What happens if my name is on my debt?

Also, even if your spouse agrees to handle the debt as part of the settlement agreement, if your name still appears on the debt, you are legally responsible to make sure it is paid, no matter what agreement you made with your spouse.

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Can you waive child support in Nebraska?

However, you can choose to waive delaying the divorce by signing paperwork that allows the divorce to proceed uncontested. Child support and spousal support are determined by Nebraska state guidelines , but federal law dictates that these awards may not exceed 60% of a servicemember’s pay and allowances.

Is Nebraska a 50/50 state?

Nebraska is an equitable distribution state, meaning that marital assets and liabilities are split fairly, but now necessarily 50/50. The courts prefer both parents to remain actively engaged in their children’s lives after divorce, so joint custody is strongly preferred unless there are extenuating circumstances.

How long do you have to live in Nebraska to file for a divorce?

You or your spouse must have lived in Nebraska for at least one year prior to filing your paperwork. The one exception is that you were married in Nebraska less than one year ago and have lived in the state your entire time since your marriage.

How much does it cost to file a divorce case?

The cost is $158 to file at the time you submit initial paperwork to the court. You may also have to pay an additional fee to have the paperwork served on your spouse, depending on what method you choose.

How long does a spouse have to respond to a divorce complaint?

After proof of service is completed, your spouse is now considered the defendant in your divorce case and has 30 days to respond to the complaint.

How to waive delaying divorce?

You can choose to waive delaying the divorce by signing paperwork that allows the divorce to proceed uncontested.

How long does it take for a divorce to be finalized?

It depends. With an uncontested divorce, it will take about 60-90 days for the court to approve a final dissolution of marriage. By law, the final hearing must be held at least 60 days after the paperwork has been served on your spouse. Expect varying delays based on a court backlog or availability of judges.

How long does it take to serve your spouse?

You can serve your spouse with paperwork within six months after you file, or you’ll need to start your case all over again.

What is the first step in divorce?

The first step may be the most critical. It involves gathering the documentation you’ll need to support your subsequent divorce efforts.

How Long Does a Nebraska Divorce Take?

You can get a divorce in 60 days after you file the papers in court, but it’s more likely to happen in three to four months.

Do You Have To Go to Court To Finalize a Divorce in NE?

You don’t have to go to court to get a divorce in Nebraska if you settle all divorce issues with your spouse directly. This friendly procedure is the simplest, shortest, and least expensive. In this case, most courts will require only one party to attend the final hearing.

How To Get a Divorce in Nebraska

Depending on whether your spouse standpoint, you can have these two types of divorces:

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Divorce is never easy, but in Nebraska, it might not be as complicated as you think

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What Are Grounds for Divorce?

When filing for divorce, the spouse making the request must give the court a legal ground to terminate the marriage. When you prepare your application for dissolution of marriage (divorce), you must list a specific reason for your request.

Nebraska Is a Pure No-Fault Divorce State

If you're hoping to divorce in Nebraska, the only option is to use the state's no-fault procedures. Think of this as a way for couples to avoid the typical bitterness and guilt that usually comes with attempts to place blame during the divorce process.

How Does No-Fault Divorce Work in Nebraska?

To begin the divorce process in Nebraska, the filing spouse will need to provide a complaint for dissolution of marriage with the court. This document will include details about the relationship, including:

Is Annulment Possible in Nebraska?

Yes, but under very limited circumstances. Annulment and divorce are similar in that they are both legal procedures that end a marriage. But, an annulment is different from divorce because it treats the marriage as though it never existed.

What are the legal grounds for divorce in Nebraska?

Nebraska recognizes “no-fault” divorce. In order to file for a divorce in Nebraska, you or your spouse must be a resident of Nebraska for at least 1 year before filing for divorce and you must prove that the marriage is “irretrievably broken” for it to be dissolved.

How much does a divorce in Nebraska cost?

It is nearly impossible to estimate how much a divorce will cost someone. The costs and circumstances significantly vary from case to case. A case where the parties are amicable and can agree on the issues will cost less than an acrimonious divorce where all issues have to be proven at trial. Most cases fall in between those two scenarios.

Is Nebraska an alimony state?

In Nebraska, alimony is awarded by the courts. Several factors will be considered during the decision including child support payments, the standard of living during the marriage, and the earning ability of the recipient spouse. However, the conduct of spouses during the marriage is not a deciding factor for alimony in Nebraska.

Do I really need to hire an attorney?

You are not required to hire an attorney. However, the court will not assist or give legal advice to parties that do not have an attorney. There are various procedures that need to be completed for a divorce to be granted. An attorney will advise you of these procedures and make sure that you have a full understanding of what your options are.

Is Nebraska a no fault state for divorce?

Nebraska is a no-fault divorce state permitting the dissolution of marriage upon a finding that the marriage is irretrievably broken.

Can I get maintenance or will I have to provide maintenance to my spouse in a divorce in Nebraska?

The Nebraska Dissolution Statutes authorize maintenance to either party. Neither the Nebraska Supreme Court nor the Nebraska Court of Appeals has ever articulated a coherent rule or set of rules concerning when or how much maintenance should be awarded.

Can I change my name at the time of divorce in Nebraska?

As part of the dissolution, either party may seek to have their maiden name or a former name restored. The court must grant such request except for good cause shown.