Nebraska Uncontested Divorce

This information is an overview of the uncontested Nebraska divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those "do it yourself divorce" filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Nebraska .

To file for a divorce in Nebraska, 1) one spouse must live in the state for at least one year or 2) the marriage must have happened in Nebraska and one spouse has lived in the state for the duration of the marriage. The action is filed in a county where either spouse resides.

Grounds for divorce are No-Fault, which is an irretrievable breakdown of the marriage, and general grounds, which are that one spouse lacked the mental capacity to consent, including temporary incapacity resulting from drug and alcohol use.

In divorce actions, the filer is called the Petitioner; the other party is called the Respondent. Divorces are called dissolutions of marriage. Actions are filed in the District Court, which is the county court.

Irretrievable breakdown is the only grounds for a legal separation in Nebraska, and there is no residency requirement.

Nebraska permits joint petitions to dissolve a marriage, and in these cases the parties are called Co-Petitioners.

There is a 60-day waiting period after the service of the petition before a hearing can be held and a six-month waiting period after the decree is handed down before either party may remarry (unless one of them dies, whereupon the survivor may remarry immediately).

To file for a dissolution in a marriage when there are no children or property disputes, the Petitioner must file the following forms:

> Complaint for Dissolution of Marriage without children, DC 6:4(1), which identifies the parties, states the facts of the marriage, asks for relief;

> Confidential Party and Social Security, Gender, Birth Date(s), DC 6:5(11) through DC 6:5 (12a), which identifies the parties in the action;

> Voluntary Appearance, DC 6:4(3), which enters the appearance of the Respondent in the case and acknowledges his or her recipient of the Complaint;

> Praecipe for Summons, DC 6:4(4), which asks the Clerk of the court to issue Summons and a copy of the Complaint to the Respondent;

> Notice of Hearing, DC 6:4(5), which informs the Respondent on the hearing date in the dissolution action;

> Decree of Dissolution -- No Children, DC 6:4 (6), which spells out the terms and conditions of the dissolution, which is "final and operative" 30 days after the decree is filed.

To file for a dissolution in a marriage where there are children but no visitation or property issues, the Petitioner files the following:

> A Complaint for Dissolution of Marriage with Children, DC 6:5(1) as well as all of the forms filed in an action with no children, including:

> Confidential Party and Social Security, Gender, Birth Date(s), DC 6:5(11) through DC 6:5 (12a);

> Voluntary Appearance, DC 6:4(3), which enters the appearance of the Respondent in the case and acknowledges his or her recipient of the Complaint;

> Praecipe for Summons, DC 6:4(4), which asks the Clerk of the court to issue Summons and a copy of the Complaint to the Respondent;

> Notice of Hearing, DC 6:4(5), which informs the Respondent on the hearing date in the dissolution;

> Decree of Dissolution -- With Children, DC 6:5(3).

In addition, the Petitioner files the following forms:

> A Certificate of Completion of Parenting Education Classes, DC 6:5(5), which are mandatory for parents;

> A Financial Affidavit for Child Support, DC 6:5(2),

> A Parenting Plan, Parent-Created, DC 6:5(6), or

> A Parenting Plan, Absent Parent, Court Use, DC 6:5(13) or

> A Parenting Plan, Absent Parent, Petitioner’s Use, DC 6:5 (14), depending upon the situation.

When the Petitioner cannot be located or will not accept service (the delivery of the Summons and Complaint), the Petitioner may choose Service by Publication. In this event, he or she must file with the court the following:

> A Motion for Service by Publication, DC 6:6(1);

> An Affidavit in Support of Motion for Service by Publication, DC 6:6(2), which details the efforts the Petitioner has made to locate the Respondent;

> An Order for Service by Publication, DC 6:6(3), which permits the Petitioner to publish a Notice of Divorce Proceeding. This notice must be published once a week for three consecutive weeks in a newspaper in the city or in the county where the dissolution is filed.

> A Notice of Divorce Proceeding - No Children, DC 6:6(4) or A Notice of Divorce Proceeding - With Children, DC 6:6(5), whichever is applicable;

> A Decree - No Children - Service by Publication, DC 6:6(6) or A Decree - With Children - Service by Publication, DC 6:6(7), whichever is applicable.

When a party can not afford the filing fees, he or she may file In Forma Pauperis. This requires that he or she file:

> An Affidavit and Application to Proceed In Forma Pauperis;

> An Order to Proceed In Forma Pauperis.