Nebraska Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Nebraska, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Nebraska residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint.
Persons serving in the armed forces of the United States who have been continuously stationed at any military base or installation in this state for one year or, if the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint.
The dissolution of marriage may be filed in either county in which the spouse resides and there is a 60 day waiting period after the dissolution is filed until the court will grant the dissolution.
The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Nebraska Statutes - Chapter 42 - Sections: 342, 349)
Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Nebraska. It is most common that people file for a dissolution of marriage in the county in which they live. You can also read more about the Nebraska residency requirements in the Nebraska state statutes located at: http://www.legislature.ne.gov/. If you are unsure of whether or not you meet the Nebraska residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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