Basic Divorce Procedure in Nebraska: Part I

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Despite what Hollywood would have you believe, your divorce action does not have to cost you tens of thousands of dollars or last for months, or even years, on end. Provided the parties agree to dissolve the marriage, the process can actually be accomplished in a short period time with very limited court involvement and financial investment.

At Husker Law, powered by the Law Office of Sands Wegner, PLC we strive to offer our clients a quick and low cost option to help them through a process that no one intended to face on their wedding day.

In order to start your divorce proceeding in Nebraska, you are required to file four documents with the District Court. The first document is called a complaint. The next three documents are confidential and do not become part of the court’s public record. Below is description of each document:

1) Complaint – This is the main document that starts the divorce action in the local court system. Rather than listing the reasons why the filing party is seeking the divorce, the complaint merely needs to include the statutorily required pleadings necessary to dissolve the marriage;

2) Confidential Party Information – This document lists the full names of the Plaintiff and Defendant, their addresses, phone numbers, and health insurance information;

3) Confidential Social Security Number, Gender & Date of Birth – Self explanatory;

4) Vital Statistics Worksheet – This document lists additional information including where the parties were born, date and place of marriage, as well as ethnicity.

The fee to file these documents with the Douglas County District Court (or other Nebraska District Court) is $157.00 due at the time the documents are filed.

Upon filing, the Defendant (soon to be ex-spouse) must be served with the complaint. This can be accomplished by either sending the spouse a voluntary appearance that he or she can sign and file with the court or we can serve a copy of the complaint on the adverse party via the County Sheriff.

Once service of the complaint has been effectuated by either filing a voluntary appearance or by the Sheriff/Constable, this starts a 60 day clock, meaning, the divorce action cannot be completed prior to the expiration of 60 calendar days. However, if the parties have any minor children (under the age of 19 in Nebraska) there is plenty of work to be completed during this time.

Check out Part II of this blog post to learn about the remaining steps required to complete your uncontested Nebraska divorce, or contact our office today so we can discuss your unique situation. Schedule an initial consultation will allow you to see how our office is dedicated to providing you the best customer experience at the most competitive rate.

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