Getting Divorced in Nebraska: A Legal Guide

Before filing for divorce in Nebraska, you must meet residency requirements. At least one spouse must have been a resident of Nebraska for at least one year before filing. If you don't meet this requirement, you'll need to wait until you do before proceeding.

Collect documents related to assets, debts, income, expenses, and children. This includes tax returns, pay stubs, bank statements, retirement account statements, mortgage documents, vehicle titles, insurance policies, and children's records. These documents will be essential for financial disclosures and property division.

This is the document that initiates the divorce process. In Nebraska, you'll need to include basic information about both spouses, marriage date, confirmation of residency requirements, grounds for divorce (Nebraska is a no-fault state, so 'irretrievable breakdown' is sufficient), and your requests regarding property division, custody, support, etc.

A summons notifies your spouse that you've filed for divorce and that they need to respond. It provides information about deadlines and consequences of not responding. In Nebraska, your spouse typically has 30 days to file a response after being served.

File your documents with the District Court in the county where either you or your spouse lives. You'll need to pay a filing fee (approximately $158 in Nebraska, though this may vary by county). If you cannot afford the fee, you can apply for a fee waiver by filing an Affidavit and Application to Proceed In Forma Pauperis.

Your spouse must be legally notified of the divorce filing. In Nebraska, this can be done through sheriff's service, a private process server, or by certified mail with return receipt requested. If your spouse agrees, they can sign a Voluntary Appearance form instead of being formally served. Keep proof of service as you'll need to file it with the court.

If you're the respondent (non-filing spouse), you must file a response within 30 days of being served. If you're the petitioner, review your spouse's response when received. The response indicates whether your spouse agrees with your requests or has different positions on issues like property division, custody, or support.

Both spouses must complete and exchange detailed financial disclosures. This document requires listing all assets, debts, income, and expenses. In Nebraska, this is mandatory and helps ensure fair division of property. Be thorough and honest—intentionally hiding assets can result in penalties from the court.

Nebraska requires parents of minor children to attend a parenting education class before the divorce can be finalized. The class covers the impact of divorce on children and co-parenting strategies. You'll receive a certificate of completion that must be filed with the court.

If you have minor children, you must create a parenting plan that addresses legal and physical custody, parenting time schedules, holiday arrangements, decision-making authority, and communication between parents. Nebraska courts strongly encourage parents to develop this plan together. If you cannot agree, the court may order mediation or ultimately impose a plan.

Nebraska uses specific guidelines to calculate child support based on both parents' incomes, the number of children, health insurance costs, childcare expenses, and other factors. The Nebraska Child Support Calculator (available online) can help determine the appropriate amount. This worksheet must be submitted to the court.

This agreement details how you'll divide property, debts, and handle support issues. Try to negotiate terms with your spouse directly or through attorneys/mediators. The agreement should address all marital assets and debts, including real estate, vehicles, bank accounts, retirement accounts, investments, personal property, credit cards, loans, and any business interests.

If you're dividing retirement accounts like 401(k)s or pensions, you'll need a QDRO. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements, so consider consulting with a financial advisor or attorney who specializes in QDROs. The QDRO must be approved by both the court and the plan administrator.

If you and your spouse cannot agree on all issues, Nebraska courts may order mediation, particularly for custody and parenting time disputes. Even if not ordered, voluntary mediation can help resolve disagreements more amicably and less expensively than litigation. Mediators don't make decisions but help facilitate agreement.

If you've reached agreement on all issues, you may have a brief uncontested hearing. If issues remain unresolved, you'll need a trial where a judge will decide the disputed matters. Prepare by organizing all financial documents, evidence supporting your positions, and witnesses if needed. Dress professionally and be respectful in court.

The Final Decree is the official document that legally ends your marriage and contains all the court's orders regarding property division, custody, support, etc. If you've reached a settlement, your attorney may draft this for the judge's signature. Review it carefully before submission to ensure it accurately reflects all agreements or court decisions.

If child support or spousal support is ordered, Nebraska typically requires a wage withholding order. This document directs an employer to withhold support payments from the paying spouse's wages and send them to the Nebraska Child Support Payment Center. This ensures consistent, timely payments and creates an official record of payment history.

After divorce, review and update your will, trust, powers of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. In Nebraska, divorce automatically revokes provisions in a will that favor your ex-spouse, but it's best to create new documents that reflect your current wishes.

If you want to resume using your maiden or former name, you can request this in your initial petition or at the final hearing. Nebraska allows name changes as part of the divorce process without additional filings. Once granted, update your name on your Social Security card, driver's license, passport, and other important documents.

After the divorce is finalized, you'll need to transfer titles and deeds according to the divorce decree. This may include refinancing mortgages, transferring vehicle titles, changing names on utility accounts, and updating insurance policies. Keep copies of all transfer documents and the divorce decree for your records.