Nebraska Divorce: What You Need to Know

In Nebraska, the legal process for ending a marital union is formally referred to as a dissolution of marriage. Each state has its regulations, and in Nebraska, the District Court in the county where either spouse lives oversees divorce. Other issues about how divorce works in Nebraska, include the different types of divorce, what it costs, waiting periods, and how to search for divorce records.

How Does Divorce Work in Nebraska?

A person must establish residency before any divorce case can be initiated in Nebraska. Generally, at least one party must have been in Nebraska for one year, although an exception occurs when the marriage was in Nebraska and one party has remained in Nebraska.

Nebraska is a no-fault divorce state. The only paper required for the legal ground for a divorce is that the marriage is “irretrievably broken.” No fault, such as adultery or cruelty that is even alleged, must be proved but may be relevant to custody or property arrangements, if applicable.

Nebraska law also imposes a 60-day waiting period from when the court may enter a final decree of divorce. This provides time for the parties to consider a divorce settlement or reconciliation.

In an uncontested divorce, there may be no issues to resolve and can typically happen quickly after the waiting period. If contested, it may take many months to complete a divorce due to mediation, hearings, and trial.

Types of Divorce in Nebraska

Nebraska law outlines several types of divorce including:

• Uncontested divorce: This type occurs when both spouses agree on all key issues, such as custody, property division, and support. As a result, these cases tend to be settled faster and at a lower expense.
• Contested divorce: This happens when spouses have disagreements over custody, property, or financial support. These cases usually take longer in court and may require a trial to reach a resolution.
• No-fault divorce: This is the standard option in Nebraska, which only necessitates a determination that the marriage is irretrievably broken.
• Collaborative divorce: This is a process where couples and their attorneys work together to reach an agreement outside of court.
• Legal separation: It is a legal process in Nebraska that does not dissolve the marriage but provides legally binding agreements for issues like custody, support, and property.

Nebraska Divorce Court Process and Forms

Divorces in Nebraska are filed in the District Court of the county where either spouse resides. This process begins when one spouse, known as the petitioner, files a Complaint for Dissolution of Marriage. In addition to the complaint, other required documents may include:

• Summons
• Vital Statistics Certificate
• Financial Affidavits
• Parenting Plan (if children are involved)
• Child Support Worksheets

The other spouse, known as the respondent, must be served with the complaint and summons by a sheriff, process server, or certified mail. After being served, the respondent has 30 days to file a formal answer with the court.

During the divorce proceedings, both spouses must provide financial disclosures to the court. If minor children are involved in the case, Nebraska law requires parents to attend a Parenting Education Class and submit a Parenting Plan for approval.

In cases of child custody and parenting time disputes where parties cannot reach an agreement, judges often recommend mediation. If an amicable resolution is not found through this process, a hearing or trial may be scheduled.

A divorce is considered complete when a judge signs a Decree of Dissolution of Marriage. This document ends the marriage and outlines the conditions for alimony, custody, property division, and support.

City- and County-Level Filing Details

In Nebraska, divorce cases are filed in the District Court at the county level. Below are the details for some of the state’s most populous counties:

• Douglas County (Omaha):
  • Courthouse: Douglas County District Court, 1701 Farnam Street, Omaha, NE 68183.
  • Services: This courtroom allows individuals to access court documents online, including documents related to divorce.
• Lancaster County (Lincoln):
  • Courthouse: Lancaster County District Court, 575 S. 10th Street, Lincoln, NE 68508.
  • Services: This courtroom encourages mediation for contested custody matters.
• Sarpy County (Papillion):
  • Courthouse: Sarpy County District Court, 1210 Golden Gate Drive, Papillion, NE 68046.
  • Services: This courtroom requires parenting programs for parents going through a divorce process. In addition, individuals can find e-filing instructions on the court’s website.
• Hall County (Grand Island):
  • Courthouse: Hall County District Court, 111 W. 1st Street, Grand Island, NE 68801.
  • Services: This courtroom refers parties to mediation centers and individual mediators approved by the Office of Dispute Resolution when there is a custody dispute.
• Buffalo County (Kearney):
  • Courthouse: Buffalo County District Court, 1512 Central Avenue, Kearney, NE 68847.
  • Services: Individuals may receive assistance with filing their case at the District Clerk’s Office.

Although court procedures are applied uniformly across Nebraska, it is worth noting that local courts may have filing procedures that vary slightly.

How to Search for Divorce Records in Nebraska

Divorce records in Nebraska are generally considered public, but sensitive details such as Social Security numbers, bank account information, and information concerning minor children are redacted to protect privacy. These records are maintained by the Clerk of the District Court in the county where the divorce was finalized.

The various ways to access divorce records include:

• At the courthouse: Anyone can request to view case documents or obtain certified copies of divorce decrees for a fee at the Clerk's Office.
• Online: Through the JUSTICE portal, interested parties can conduct a case lookup for divorce records by providing a party name or case number.
• Vital Records: The Nebraska Department of Health and Human Services, Vital Records Office issues divorce certificates for divorces finalized since 1909. These certificates contain the names of the spouses, date, and county of divorce.
• Third-party services: While some private sites provide record searches, only the court or Vital Records Office can issue certified copies.

Divorce records generally include the names of the spouses, the date and county of divorce, the case number, and the judge’s orders on custody, property division, support, and alimony. The Decree of Dissolution of Marriage is the official proof that the marriage has ended.

Key Points

• In Nebraska, divorce proceedings are initiated in the District Court of the county where either spouse lives.
• One spouse is required to be a residence of the state for one year before filing. However, there are exceptions to this requirement.
• Nebraska operates under a no-fault divorce system. The only reason for filing a divorce is that the marriage is irretrievably broken.
• There is a 60-day waiting period after service before a divorce can be finalized.
• If children are involved, the parents are required to complete a parenting education program and file a Parenting Plan.
• Divorce records are public and can be accessed through county District Court Clerks, the JUSTICE online portal, and the Vital Records Office.