Of all the ways to end a marriage, divorce is probably the most common method people imagine. During this process a court resolves issues ranging from joint assets, child custody and alimony as well as other kids on support. This process also totally separates the two legally and allows them to pursue new relationships.
How do I get a divorce
When considering a divorce there are two types of legal grounds on which you can file.
Your divorce can be no-fault, meaning the requesting party is not blaming the other for the marriage’s end. Rather they may cite irreconcilable differences, loss of affection or other extenuating circumstances.
The other option is a fault-based divorce. In this situation, the requesting party can accuse their spouse of causing the marriage’s end through behaviors such as substance abuse, domestic violence and adultery. This route is beneficial if the requesting party wants to expedite their divorce or would like to make a better case when fighting for child custody, alimony or a larger share of the joint assets.
To file in Nebraska, you must be a resident for at least one year unless you were married in Nebraska and are getting divorced within the first year of your marriage. You then file a Complain for Dissolution with the clerk of your district court after which you must fill out and file several forms and are then given a case number. Your spouse will then either sign a Voluntary Appearance, saying they will show up to court, or you will need to sign a Praecipe for Summons to have them brought there. Once your spouse receives their notice, which the must receive within six months of your filing, they are considered the defendant and have the opportunity to file a response. Once the prerequisite documents have been filed, you can request a hearing date. At your hearing you will testify about your divorce and the judge will make a decision about whether to grant the divorce on the terms you’ve filed or not.
A legal separation is the lightest uncoupling a married couple can have in the eyes of the court. This process recognizes the judicial separation of the spouses but does not end the marriage and neither partner is allowed to remarry or enter another domestic partnership.
How do I get a legal separation?
Getting legally separated carries many of the same consequences of divorce: dividing assets, custody of children and alimony. In Nebraska, any married person can file for a legal separation. The process starts by filing a Petition for Legal Separation and a Decree for a Legal Separation with the appropriate court. Much of the information on it is the same as you’d include on a divorce petition including the name and addresses of spouses, when and where you were married, terms for childcare custody and the dividing of major assets.
To have a marriage annulled, the requesting party typically has to show that it should have never happened in the first place. Reasons you might seek an annulment include the marriage was incestuous; your partner was already married, you were married under force or fraud; when you were married, someone was under the legal age limit for marriage; you were married under the influence of drugs or alcohol.
To get an annulment in Nebraska you must file a complaint for an annulment in your district court. Afterward, an adult other than you must serve that complaint to your spouse. A judge will then usually hold a hearing to determine whether an annulment is the best course of action in your case.