How to File for Divorce in Nebraska
Nebraska divorces are filed in District Court. Nebraska is an equitable distribution state and primarily no-fault, focusing on whether the marriage is irretrievably broken.
Requirements to File
At least one spouse must have lived in Nebraska for one year immediately before filing (or be stationed here on active duty). File in the District Court for the county where either spouse resides. There is no separation requirement to start. Nebraska generally requires at least 60 days after service or voluntary appearance before a decree can be entered.
Step-by-Step Process
Step 1: Prepare your case. For uncontested matters, complete the Complaint for Dissolution, Summons/Voluntary Appearance, and financial disclosures. With children, include a parenting plan and expect parent education.
Step 2: File with the clerk. File at the District Court clerk in your county. Pay the filing fee or request an in forma pauperis waiver. You’ll receive a case number and filed copies.
Step 3: Serve your spouse. Use sheriff or process server, certified mail where authorized, or obtain a Voluntary Appearance. If your spouse cannot be located after diligent efforts, request publication or other alternate service.
Step 4: Track deadlines and waiting period. A respondent generally has 30 days after service to answer. Nebraska imposes a 60-day waiting period after service or appearance before the court may enter a decree. Exchange complete financials early.
Step 5: Settlement or hearing. If you settle, submit a Marital Settlement Agreement, child-related orders if applicable, and a proposed Decree of Dissolution. If issues remain, the court may schedule case progression conferences, mediation, and hearings.
Step 6: Final decree. The judge signs a Decree of Dissolution of Marriage addressing property/debt division, alimony if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies for records and accounts.
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FAQs
Is there a separation requirement in Nebraska?
No separation is required to file, but Nebraska has a 60-day period after service or appearance before entry of a decree.
Which court handles divorces in Nebraska?
The District Court in the county where either spouse resides.
How long does a Nebraska divorce take?
Uncontested cases often finalize shortly after the 60-day window if paperwork is complete; contested cases depend on discovery and the court’s calendar.
