Before you file for divorce, know what divorce forms look like and know what you’re signing. Read this guide before you start signing divorce papers.
In the first quarter of 2016, a total of 827,261 divorces and annulments occurred in the U.S.
Since the U.S. population was then almost 258 million, that means there were 3.2 divorces or annulments for every 1,000 individuals during the first quarter.
This may seem like a small number. But when you compare it to 2016’s 2.25 million marriages, this means almost 37% of all wedded couples went through a legal separation.
And many like you still consider filing for divorce. Regardless of why you seek dissolution of marriage, recognize Nebraska divorce laws differ from those of other states.
So before you sign those divorce papers, it’s best to know exactly what you’ll face.
Nebraska’s Grounds for Divorce
Your filing about the dissolution of your marriage in Nebraska should include a declaration of your grounds to want the divorce. The Cornhusker State follows a “no-fault” divorce law. This means you can divorce your spouse so long as your marriage has “irretrievably broken.”
In case of other grounds, you need to provide evidence. Failure to do so can result in the dismissal of your case.
Even if you push through with the “irretrievably broken” case, the court still considers all relevant factors. For instance, the court will delve deeper into why you think your marriage is broken. It may examine how “irreconcilable” your differences with your spouse really are.
Also, to start the divorce process, you or your spouse must have resided in Nebraska for at least a year. You can also file for divorce if the marriage itself took place here.
Different Paperwork for Different Divorce Situations
Divorce forms vary depending on whether you and your spouse have children. What you must sign also differs depending on whether you filed for divorce as the plaintiff or if you respond as the defendant.
There are two primary types of initial divorce document. First is the Simple Divorce without Children form. Second is the Simple Divorce with Children form.
As their names suggest, you fill out the first form if you and your spouse don’t have minor children. You fill out the second if you have children with the spouse you’re divorcing.
Furthermore, if you have minor children, there are other documents to sign. You must complete these before you begin the divorce process:
- Complaint about Dissolution of Marriage with Children
- Confidential Party and Social Security Information
- Vital Statistics Certificate
As the “plaintiff,” a lawyer specializing in Nebraska divorce can help you create the Financial Affidavit for Child Support. It’s also best to prepare a Parenting Plan with your lawyer too.
If you don’t have children, you’ll need the same documents. However, you also need to fill out the Gender and Birth Dates form.
One crucial reminder: Never sign papers unless you’re with a notary. Also, you’ll find most of these divorce papers come with their individual instructions. Have your divorce lawyer explain them.
Signing Divorce Papers and Taking Them to Court
Once you’re certain you have the correct types of divorce papers, make copies. At the very least, you should have two copies of each. Keep the original in a secured place.
File the first copy with the local family court. Then send the second to the defendant — your spouse.
Make sure you check the paperwork before it’s sent. These papers should include the Complaint about Dissolution, Confidential Party Information and Social Security, as well as the Vital Statistics Certificate.
Also, make sure you have $157 for the filing fee. The court may waive this, but you will need to complete an Affidavit & Application to Proceed in Forma Pauperis if you can’t afford the fee.
Once you pay (or have it waived), present the completed forms to the court. The clerk will create your divorce file. It will have its individual case number, which you should memorize. You’ll use this as a reference for all future court processes relating to your divorce.
Serve Your Spouse the Right Documents
You should serve your spouse these documents right away. If it takes you longer than six months after you initially file, the Nebraska Family Court automatically dismisses your case.
Also, to ensure the divorce summons is legitimately served, deliver them to your spouse in person. If that’s not possible, deliver them through a registered mail service.
Once divorce papers are issued, you have 20 days to prove to the Family Court the papers were properly served. This includes identifying the person you left the summons with and explaining how you served the documents, as well as the time and place. In the event of delivery failure, take the papers back to the court and explain.
After a successful delivery, your spouse has up to 30 days to formally respond to your served complaint. Although he or she doesn’t have to file papers, they have the right to.
If your wife or husband doesn’t sign the divorce papers right away, you still need to wait 60 days before the court hears your case.
Still Unsure Whether to Sign the Papers or Not?
If so, it’s best you retain the services of a lawyer who practices Nebraska divorce.
That way all your worries are resolved and your questions are answered before you sign the divorce papers. Since divorce permanently dissolves your marriage, make sure you fully understand the process before you sign that dotted line.
Connect with us now for any inquiries about divorce.