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Nebraska Divorce Petition

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Introduction

A divorce petition, which Nebraska titles a Complaint for Dissolution of Marriage, is the formal legal pleading one spouse files to ask a district court to legally end the marriage. The spouse who files is the Plaintiff, and the responding spouse is the Defendant, because Nebraska treats the action as a 'dissolution of marriage' rather than a 'divorce.' Before the court can act, the residency test of Neb. Rev. Stat. § 42-349 must be met: at least one party must have had actual residence in Nebraska, with a bona fide intention of making the state a permanent home, for one year before filing, or the marriage must have been solemnized in Nebraska with one party residing here from the wedding until filing. Nebraska is a pure no-fault state, so the only ground is that the marriage is irretrievably broken (Neb. Rev. Stat. § 42-361), and no allegation of adultery or cruelty is allowed or required. Once the Defendant is served or voluntarily appears, the district court cannot enter a decree until at least 60 days have passed (Neb. Rev. Stat. § 42-363).

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Key Things to Know

  1. 1

    Definition: In Nebraska a divorce petition goes by the name Complaint for Dissolution of Marriage, the pleading that opens a case to end a marriage. The filing spouse is the Plaintiff and the responding spouse is the Defendant, and Nebraska calls the action a dissolution of marriage rather than a divorce.

  2. 2

    Residency: At least one party must have had actual residence in Nebraska, with a bona fide intent to make it a permanent home, for one year before filing, unless the marriage was solemnized here and one party has lived in the state from the marriage until filing (Neb. Rev. Stat. § 42-349).

  3. 3

    Grounds: Nebraska is pure no-fault. The sole ground is that the marriage is irretrievably broken (Neb. Rev. Stat. § 42-361), and the state recognizes no fault-based grounds such as adultery or cruelty.

  4. 4

    Waiting period: No decree may be entered until at least 60 days after the Defendant is served with process or files a voluntary appearance (Neb. Rev. Stat. § 42-363).

  5. 5

    Separation: Nebraska does not require the parties to live separate and apart for any period before the Complaint is filed.

  6. 6

    Forms and court: You file a Complaint for Dissolution of Marriage with either a Voluntary Appearance signed by the Defendant or a Praecipe and Summons for service. The case is heard in the District Court of the county where either party resides.

  7. 7

    Property and fee: Nebraska divides marital property under an equitable-distribution standard rather than as a community property state (Neb. Rev. Stat. § 42-365), and the filing fee runs about $158, with a fee waiver available for those who qualify.

Key decisions before you file

Before you file a Divorce Petition in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Nebraska Requirements for Divorce Petition

  • Residency (State)

    Spouses must meet the residency requirement: At least one party must have had actual residence in Nebraska with a bona fide intention of making Nebraska a permanent home for at least one year prior to filing,....

  • Residency (County)

    Must file in the correct county District Court the district.

  • Grounds for Divorce

    Must properly plead grounds: Pure no-fault. The sole ground is that the marriage is 'irretrievably broken' (Neb. Rev. Stat. § 42-361); Nebraska recognizes no fault-based grounds..

  • Waiting Period

    Mandatory waiting period: No decree may be entered until at least 60 days after service of process on the respondent (or after the....

  • Required Forms

    Must file correct state forms: Complaint for Dissolution of Marriage, filed with a Voluntary Appearance or Praecipe/Summons for service on....

  • Property Division

    Property is divided according to: Equitable distribution , Nebraska is not a community property state; marital property is divided equitably... laws.

  • Filing Fee

    Filing fee is typically Approximately $158. unless waived.

  • Service of Process

    The Defendant must be properly served with the summons and petition.

Frequently Asked Questions