Why Divorce.com?
Benefits of an online divorce
Divorce.com is a perfect way to start an uncontested divorce in Nebraska. The main benefits of this online service are its affordability and quick process. Essentially, all spouses drafting their divorce papers at Divorce.com save thousands of dollars and many hours of their precious time.
Divorce.com was explicitly created to help couples with DIY divorces simplify their path. So, these days, they do not need to hire and meet expensive lawyers to draft their legal documentation.
Here are a handful of simple steps to get the papers from Divorce.com:
Check if you are eligible to use this online divorce service (eligibility is insured if your divorce is uncontested).
Answer the questions from our online questionnaire.
Download and print the papers prepared in a PDF format in two business days.
Sign or notarize the forms and file them with the local court.
Nebraska
Divorce Forms
All the forms required
Some basic Nebraska divorce forms can be found at self-help centers, court online resources, or directly in a courthouse. Additional fees may apply. Here's a list of general forms a petitioner will need for their marriage dissolution:
Complaint for Dissolution of Marriage without children (Form DC 6:4.1)
Complaint for Dissolution of Marriage (with children) (Form DC 6:5.1)
Confidential Employment and Health Insurance Information (Form DC 6:5.11)
Social Security, Gender, Birth Date(s) (Form DC 6:5.12)
Affidavit and Application to Proceed In Forma Pauperis (or a Request To Proceed Without Payment Of Fees) (From DC 6:7.1)
Vital Statistics Certificate
Voluntary Appearance (Form DC 6:4.3)
Praecipe for Summons (Form DC 6:4.4)
Answer and Counterclaim for Dissolution of Marriage (Form DC 10:1)
Notice of Hearing (Form DC 6:4.5)
Financial Affidavit for Child Support (Form DC 6:5.2)
Certificate of Completion of Parenting Education Course (Form DC 6:5.5)
Parenting Plan (Forms DC 6:5.37, DC 6:5.38, DC 6:5.39, or DC 6:5.14)
Decree of Dissolution of Marriage (Form DC 6:4.6)
Couples without underage children won't need such papers as a Parenting Plan, Financial Affidavit for Child Support, and Certificate of Completion of Parenting Education Course.
Steps to consider
Filing Requirements
Residency Requirements
The spouses filing for divorce in Nebraska must meet the residency requirements for the judges to have jurisdiction over their case.
At least one spouse must have a bona fide residence in Nebraska for one year or more before filing the lawsuit. They also must have the intention to live there after the dissolution.
Another option to meet the residency requirements is for military members to be stationed for one year at the military base in Nebraska.
Grounds for Divorce
Nebraska is one of the purely no-fault states. This means that neither spouse can use fault-based grounds, such as adultery or abandonment, to file for marriage dissolution. Therefore, the only valid reason is an irretrievable breakdown of a marriage.
The court must ensure that there is no prospect of saving the marriage. Additionally, the divorce will only be granted if both spouses confirm the irretrievable breakdown, or if one spouse confirms it and the other party does not deny it.
Initial Filing
The filing process begins when a plaintiff (filing spouse or petitioner in some states) brings the Complaint for Dissolution of Marriage and a Vital Statistics Certificate with a few other forms to the district court. In particular, it should be the court in a county where either spouse lives.
If the spouses proceed without a lawyer, they are responsible for filling the documents with all the required information. The district court clerk will not provide legal advice or tell the couples how to fill out the forms.
Filing Fees
Filing papers to start a divorce has a price tag. The court fees may differ depending on the county and the type of dissolution, but, on average, it is $165. Additionally, other costs may apply to some circumstances, e.g., sheriff's fees.
If a person cannot afford this payment, they may ask the court to waive it by filing a Request to Proceed Without Payment Of Fees. It should contain information about the poor person's sources of income, assets, and monthly expenses as proof of financial hardship.
Serving the Respondent
Once the plaintiff files the original papers with the court, they must tell the other spouse about it. It should be an official notification, also called the service of process, according to the rules of civil procedure.
The plaintiff must deliver copies of all papers in one of the following ways:
by certified mail
by a sheriff or a private process server
by publication
A respondent may sign a Voluntary Appearance as an acknowledgment of service, if the divorce is uncontested.
Waiting Period
Nebraska state laws do not allow the hearing of a divorce case until 60 days after the service of process on the defendant. So, even if a divorce is uncontested, the couple must wait two months before getting a divorce decree.
This period is used for mediation (if necessary) or for the spouses to change their minds about the divorce. Plus, a defendant must file response papers during this time. A non-filing spouse may file an Answer and Counterclaim within 30 days after being served.
Finalizing a Divorce Case
A plaintiff must prepare and file a Notice of Hearing and serve a copy on the other spouse, unless the service of Summons was by publication. The next step is to complete and take a Decree of Dissolution of Marriage (Form DC 6:4.6) to the hearing.
At the hearing, the judge may ask the spouses several questions. If all the documents are in order, the judge will issue a final judgment by signing the Decree. The parties may request certified copies from the clerk's office for additional payment.
Filing basics
Filing for Divorce
Nebraska
How to get started
Some basic Nebraska divorce forms can be found at self-help centers, court online resources, or directly in a courthouse. Additional fees may apply. Here's a list of general forms a petitioner will need for their marriage dissolution:
Complaint for Dissolution of Marriage without children (Form DC 6:4.1)
Complaint for Dissolution of Marriage (with children) (Form DC 6:5.1)
Confidential Employment and Health Insurance Information (Form DC 6:5.11)
Social Security, Gender, Birth Date(s) (Form DC 6:5.12)
Affidavit and Application to Proceed In Forma Pauperis (or a Request To Proceed Without Payment Of Fees) (From DC 6:7.1)
Vital Statistics Certificate
Voluntary Appearance (Form DC 6:4.3)
Praecipe for Summons (Form DC 6:4.4)
Answer and Counterclaim for Dissolution of Marriage (Form DC 10:1)
Notice of Hearing (Form DC 6:4.5)
Financial Affidavit for Child Support (Form DC 6:5.2)
Certificate of Completion of Parenting Education Course (Form DC 6:5.5)
Parenting Plan (Forms DC 6:5.37, DC 6:5.38, DC 6:5.39, or DC 6:5.14)
Decree of Dissolution of Marriage (Form DC 6:4.6)
Couples without underage children won't need such papers as a Parenting Plan, Financial Affidavit for Child Support, and Certificate of Completion of Parenting Education Course.
Custody Basics
Nebraska family law requires that the spouses develop a parenting plan addressing their children’s custody, parenting time, and visitation rights. If the parties cannot agree, the court will establish its own arrangements, according to the child’s best interests.
The types of custody are as follows:
Joint legal custody - the parents make decisions about their minor children’s health, education, religion, etc.
Sole legal custody - only a primary custodian decides what is best for the children.
Joint physical custody - the children spend equal time with each parent.
Sole physical custody - the children live with a custodial parent, while the non-custodial parent has visitation rights.
The judges usually award joint custody to the parents, if it is in the child’s best interests. The court will not give preference to women over men or vice versa, since both parents are considered equally suitable for parenting their children.
Additionally, both parents will have the following rights:
full access to the medical and education records, unless the family court orders otherwise;
the ability to make emergency decisions about the children’s health and safety when the children are in that parent’s physical custody.
Uncontested Divorce
If both parties agree to all marriage dissolution terms, their divorce is uncontested. In this case, they may get the final judgment faster than the couples going through divorce trials.
Uncontested divorces also have other advantages. First, they are less nerve-racking for the spouses and less mentally damaging for the kids. And second, the couples have more control over the outcomes, since they resolve the critical issues without the court’s involvement.
Essentially, the spouses must agree on the following issues:
property division, e.g., real estate, money bank accounts, debts, etc.
child custody and support
alimony and insurance, etc.
The primary concern of spouses with amicable divorces is preparing the paperwork. For example, they must file a Complaint for dissolution of marriage and conclude a mutual settlement agreement.
If you need a quick way to get all of these papers prepared, according to your situation and state requirements, choose Divorce.com. With this service, you’ll get all the documents in two business days, without leaving home!
Support Basics
The amount of child support in Nebraska is determined according to the parties’ earning capacity and the number of children. The judges usually use the Supreme Court guidelines based on the Income Shares Model.
Typically, the non-custodial parent gives support money to the other parent. The sum should cover medical and dental care, daycare, education, etc. If requested, the party receiving this payment must provide a written report on how the money is used.
The paying party’s obligation terminates when the child:
comes of age (turns 19 years old)
gets married or dies
is emancipated in other ways
The termination of support does not mean that a parent is relieved of paying the unpaid obligation or the one in arrears.
