| STATE PROCEDURES |
| What are the basic steps to getting a divorce in Nebraska? |
- File a Complaint for Divorce with the District Court Clerk in the county where either spouse lives.
- The non-filing spouse signs a Voluntary Appearance, which is filed with the Clerk.
- Approximately sixty (60) days after the Voluntary Appearance is filed, the spouse who filed for divorce will attend a brief divorce hearing after which the Judge will sign the Decree. The divorce is finalized thirty (30) days after the Decree is signed by the Judge.
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| Can I change my name in Nebraska divorce proceedings? |
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In Nebraska, either spouse can ask to have his or her last name restored to a former or maiden last name.
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| What are the grounds for filing for divorce in Nebraska? |
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In Nebraska, a no-fault divorce can be obtained on the ground that the marriage is irretrievably broken.
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| Do we have to be separated to get a divorce in Nebraska? |
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No. There is no requirement that the spouses be separated in order to get a no-fault divorce on the ground that the marriage is irretrievably broken.
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| How much is the filing fee in Nebraska? |
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The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. The fee for filing for divorce in Nebraska is $158.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state.
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| What documents are included in the self-prepared Nebraska DivorceWriter package? |
Along with written Divorce Filing Procedures, the following documents are included in the Nebraska DivorceWriter package:- Complaint for Dissolution of Marriage
- Vital Statistics Certificate
- Confidential Party Information
- Social Security, Gender and Birth Date Information Form
- Voluntary Appearance
- Notice of Hearing
- Decree of Dissolution
Customers with minor children of the marriage will also receive the following documents:- Certificate of Completion of Parenting Course (Blank)
- Financial Affidavit for Child Support
- Child Support Worksheet
- Parenting Plan
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| Does Nebraska require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? |
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Yes. If the parties have children together, both spouses must complete a basic level parenting education course given by one of the organizations approved by the District Court of the county where the divorce is filed. The District Court Clerk will be able to provide specific information on completing this requirement.
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| What are the Nebraska residency requirements for filing for divorce? |
At least one of the spouses must have lived in Nebraska with the intention of making Nebraska his or her permanent home for at least one year before filing for divorce. In the alternative, the divorce can be filed in Nebraska if the marriage occurred in Nebraska and at least one spouse has lived in Nebraska continuously since the marriage, regardless of the length of time.
A divorce can also be filed in Nebraska when a person serving in the armed forces of the United States who has been continuously stationed at any military base or installation in Nebraska for at least one (1) year or, if marriage occurred in Nebraska and at least one spouse has lived in Nebraska since the marriage. For more information, see Nebraska Revised Statute 42-349
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| Will either of us be required to attend a court hearing? |
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Yes. The spouse who filed for divorce will attend a brief hearing approximately sixty (60) days after the Voluntary Appearance of the non-filing spouse is filed with the Clerk.
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| How do I serve my spouse with the divorce papers in Nebraska? |
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The spouse who files for divorce gives the other spouse a file-stamped copy of the Complaint for Divorce along with a Voluntary Appearance, which the non-filing spouse signs. Note that the non-filing spouse's Voluntary Appearance must be filed with the Clerk within six (6) months of the date the Complaint for Divorce was filed or else the divorce case will be automatically dismissed and the case will have to be refiled.
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| How long does it usually take to finalize a divorce in Nebraska? |
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There is a sixty (60) day waiting period from the date the non-filing spouse's Voluntary Appearance is filed with the Clerk. After that time, the divorce hearing can be held and the divorce finalized.
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| Where do I file my divorce papers in Nebraska? |
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Divorces are filed at the District Court in the Nebraska county where either of the spouses lives.
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| CUSTODY, VISITATION, SUPPORT |
| How is child support calculated in Nebraska? |
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Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.
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| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? |
Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, the customer can do the following:- Select "no" to using the payment calculation;
- Enter the existing support amount in the space provided for monthly payment amount; and
- Enter your reason for using an amount different from the state calculation.
Note that the information entered here, including the reason for the deviation, will be transferred to the applicable documents exactly as it is entered by the customer.
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| We already have a child support order issued by a judge. Will we be able to keep the same amount? |
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DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your divorce documents when you file them.
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| What are the different types of custody in Nebraska? |
- Legal custody means the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health.
- Physical custody means authority and responsibility regarding the child's place of residence and the exertion of continuous parenting time for significant periods of time.
- Parenting time, visitation, or other access means communication or time spent between the child and parent, the child and a court-appointed guardian, or the child and another family member or members.
- Joint legal custody means that both parents have mutual authority and responsibility for making mutual fundamental decisions regarding the child's welfare, including choices regarding education and health.
- Sole legal custody means only one parent has the authority and responsibility for making fundamental decisions regarding the child's welfare.
- Joint physical custody means both parents have mutual authority and responsibility regarding the child's place of residence and the exertion of continuous blocks of parenting time by both parents over the child for significant periods of time.
- Sole physical custody means one parent has primary physical custody of the minor child although the non-custodial parent may have visitation/parenting time with the child.
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