Uncontested Divorce in Nebraska
In the process of divorce, the spouses have to resolve a lot of issues before their marriage will be finally over. How simple and easy divorce will be completed will depend on the ability of the spouses for cooperation. If they can settle all their disputes without involving the judge, the divorce will be uncontested and will be completed much faster in comparison with the litigation.
Overview of an Uncontested Divorce in Nebraska
If both spouses are in a general agreement regarding the separation of marital property, child custody, alimony, and financial support for the child, they have the opportunity to get an uncontested divorce. With this type of marriage dissolution, it’s needed less time and money compared to litigation. An uncontested divorce in Nebraska on average takes 60 days to be finalized.
An uncontested divorce is also known as an amicable dissolution and is a quick and convenient way to finish a broken relationship. Moreover, spouses can get it without the help of lawyers, provided that they do not disagree.
Besides, one of the spouses must be a state resident before filing for divorce. It means that a husband or wife must live in Nebraska for at least one consecutive year before beginning the divorce process. If you do not meet these conditions, you can apply for a legal separation. And after the residency requirements are met, you can get a divorce.
And in addition, spouses must have legal grounds for dissolution. In Nebraska, irretrievable breakdown of the marriage is allowed in the event of an uncontested divorce. It is no-fault ground, which indicates that none of the spouses is to blame for breaking off relations.
Nebraska Divorce Paperwork
Preparation for divorce includes the stage of filling out forms. The divorce papers differ depending on the circumstances of the marriage and the county. Thus, spouses who do not have common children and property disputes should prepare the following set of documents:
- Complaint for Dissolution of Marriage without children – a form that indicates parties of the action and the peculiarities of divorce.
- Decree of Dissolution — No Children – a form that terminates a marriage when signed by the judge and identifies the terms of a divorce.
- Praecipe for Summons – a form that asks the clerk to issue a summons and copies of documents.
- Notice of Hearing – a form that informs the respondent about the date of the court hearing.
- Voluntary Appearance – a form which is confirming that the defendant receives a claim and will participate in the judicial process.
- Confidential Party and Social Security, Gender, Birth Date(s) – a form that identifies information about the parties.
Couples with minor children instead of the first two forms from the list above must prepare A Complaint for Dissolution of Marriage with Children and Decree of Dissolution — With Children. Also, they must file additional divorce papers:
- A Certificate of Completion of Parenting Education Classes – all couples who have children must attend parenting classes.
- A Parenting Plan – a document that contains custody terms.
- A Financial Affidavit for Child Support – a form that shows the financial situation of both spouses that helps to calculate the amount of child support.
Filing for Divorce in Nebraska
The divorce will begin after the clerk accepts all your documents. To do this in your county, you must file a Complaint for Dissolution of Marriage, Vital Statistics Certificate, and you will also need to pay court fees. If you cannot afford it because of the low income, you can ask the court to waive fees. The clerk will accept your divorce papers, provided that they are filled out correctly and will register your file.
After that, you must send copies of all papers to the respondent. In turn, the respondent must sign a Voluntary Appearance with the consent to participate in the judicial process, if he also wants the divorce to be uncontested. If that doesn’t work, then you can use Praecipe for Summons. By this form, the sheriff should serve your spouse. After the sheriff gives copies to the respondent, he will provide you with a “return of service,” which indicates that the respondent was served.
Also, the defendant must give his consent to participate in the divorce. Only then the waiting period of at least 60 days will begin. During this time, you need to prepare and file the remaining forms, as well as pass the parenting classes. At the end of the waiting period, the court will set a date for your hearing. At the hearing, the judge must make sure that there are no differences in the pair, after which he will be able to grant a divorce.
Nebraska Divorce Without an Attorney
The Nebraska Judicial Branch website has step-by-step instructions on how to file for divorce for those couples who want an uncontested dissolution. Also on the site, you can find all the necessary forms, which allows the spouses to get a divorce without a lawyer.
However, you should also pay attention to online divorce since it is an excellent alternative to the service of an attorney. Online divorce is a website that, step-by-step, will prepare all the necessary papers for the court. Given that the cost of a lawyer can reach $ 3,000 for drawing up forms, online divorce will charge you about $ 300, depending on the company you chose. Moreover, all the divorce papers you will get in just a few days, which makes this way even more convenient. But unfortunately, it is not suitable for all couples. Only those spouses who have reached a compromise on all major aspects of marriage dissolution can be candidates for online divorce.