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2
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Our questionnaire guides you through filling out divorce paperwork.
3
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4
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Divorce with a Lawyer
>$11,000On average
Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
Litigated divorces are extremely expensive - $11,000 on average
They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
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Online Divorce in Polk County
Please note: OnlineDivorce.com in Polk County, Nebraska, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.
What do you need to know if you want to file for a divorce without a lawyer in Polk County? No one can file divorce papers for you. That is a process you do on your own. However, you can get help in completing the divorce paperwork according to local rules and divorce procedures in Polk County, NE. This is where the services of OnlineDivorce.com come in handy.
As a divorce documents preparation company, OnlineDivorce.com provides divorcing couples with state-specific court forms and step-by-step filing instructions. By filling out a questionnaire on the website, the program will have all the information it needs to determine what Do-It-Yourself divorce forms are necessary for your case and to accurately complete them for you. Do the questionnaire at your own pace from the comfort of your home. Your printable court-ready forms will be emailed to you along with easy-to-follow filing instructions.
Before using our services, make sure your divorce case fits the DIY mold. If your partner refuses to have a divorce, you will probably need to hire an experienced attorney or mediator because custody, support issues, and property division must be ironed out before the divorce can be finalized in the court.
The easiest way to have a divorce with or without legal representation is to resolve all divorce-related matters before you attend a hearing in the court. When divorcing spouses are able to agree upon where the children live, who makes child-related decisions, how much is paid in child and spousal support, and how assets and debts will be divided, the divorce proceedings can indeed be quicker and cheaper than for those couples who are uncooperative.
OnlineDivorce.com ensures that your experience with filling out the divorce papers in Polk County will be simple, stress-free, and affordable.
Valid grounds to get divorce in Polk County
As a ‘no-fault’ state, Nebraska accepts a divorcing couples’ claim that their marriage is irretrievably broken. The ‘no-fault’ ground for divorce does not require any proof other than the spouses’ verifying that their marriage cannot be fixed.
However, if either spouse does not agree to end their marriage, Nebraska Revised Statutes §42-362 requires the court to grant a divorce on the grounds of a provable fault, such as (1) mental illness (making the spouse unable to consent to divorce) or (2) drug and alcohol abuse. A fault-based divorce takes more time and is definitely more expensive because it is litigated in trial with the assistance of a family law attorney. At that, the same lawyer cannot represent both spouses and you will need to hire an attorney each.
Divorce in Nebraska
Custody of the child in Polk County
Polk County courts use the best interests of the child as a general rule in determining custody. Nebraska Revised Statutes § 42-364 — Custody Determination states, “Custody and time spent with each parent shall be determined on the basis of the best interests of the minor child with the objective of maintaining the ongoing involvement of both parents in the minor child's life.”
To handle child custody during divorce proceedings in Polk County, parents have two options. The first and fastest way to determine custody is for the parents to submit a parenting plan where each party lays down their share of child care, parenting time, visitation, and other aspects of legal and physical custody. If the parenting plan is approved by the court, it goes into action and is binding for both parties as soon as the divorce gets finalized.
The second way to handle custody determination is for the court to develop a parenting plan for the parents. In such a case, the judge questions the parents at a hearing and then incorporates evidence into a parenting plan.
In determining child custody in Polk County, the court considers how close the parents are with the child, what kind of arrangement each parent and the child want, each party’s health, and whether there has been any history of family abuse.
The court shall not give preference to either parent based on the sex of the parent. Usually, the court assumes that both parents having a significant role in the child’s life, including making key decisions regarding the health and safety of the child, is best for the child unless shown otherwise.
When the court determines child custody, it can determine joint custody even without parental consent if it is in the child’s best interests, and if there is no history of child abuse in the family.
Polk County courts require divorcing parents to take mandatory parenting classes either online or offline. These classes are designed to help parents to make the transition in their family life smoother for their children.
Each parent fills out and files with the court a Child Support Worksheet informing the court of their employment, investments, and all possible sources of income. Taking into consideration the number of children being cared for by each parent and the approximate amount the child would have received monthly if the parents had not gotten divorced, the court makes necessary deductions and calculates the child support obligations for each parent.
If the parents have a 70/30 custody arrangement and visitation schedule, the non-custodial parent that spends around 30 percent of the time with the child often has to pay a bigger share. Furthermore, if the non-custodial parent earns more than the custodial parent, their portion of the child support obligation will be bigger. For example, if one parent earns $4,000 a month and the other parent makes $1,000 a month, the higher-earning spouse must provide 75 percent of the child support. If the lower-earning spouse is the custodial parent, he or she already pays for household expenses so child support obligations should be almost fully covered by the non-custodial parent.
In Polk County, child support is paid until the child reaches nineteen years of age, marries, or is emancipated by a court. However, there can be cases when because of medical necessity or other reasons the court extends child support past the indicated age and other factors.
If one parent owes child support payments in arrears, any unpaid child support obligations remain in force even if the child reaches the age of maturity, graduates high school, or marries.
Divorce in Nebraska
Rules for spousal support in Polk County
Given the different purposes of alimony and division of property, these two issues are regarded by the court separately in Polk County.
Polk County courts may award either short- or long-term spousal support. If needed, one spouse may file a petition for interim alimony and be awarded support during the divorce proceedings.
For any type of alimony, the most important factors are the circumstances of the parties, duration of the marriage, and history of the contributions to the marriage by each spouse (which means “contributions to the care and education of the children and interruption of personal careers or educational opportunities”).
According to Nebraska Revised Statutes Chapter 42-365 — Alimony, courts also regard “the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.”
As soon as the court orders spousal support, it becomes binding for the payor. A spousal support order can be modified by filing a Complaint to Modify with the court. Spousal support is automatically terminated with the death of either party or the remarriage of the receiving party.
From low spousal income percentages to high spousal income percentages, calculate the preliminary amount of spousal support in Polk County here.
Divorce in Nebraska
Property division in Polk County
The easiest way to divide assets is to sign a marital settlement agreement where the spouses include provisions regarding the disposition of the separate and marital real estate, vehicles, bank accounts, investments, retirement plans, and allocation of debts.
If, however, spouses are unable to reach an agreement on property division, Polk County courts divide their marital assets using the principles of equitable division. While distinguishing between separate property and marital property, Nebraska Revised Statutes Chapter 42-365 — Division of Property also requires the court to consider how much each spouse contributed toward the marital property, the economic circumstances and earning capacity of each spouse, how long the spouses have been married, and custody and alimony arrangements.
If it is up to the court to divide marital assets, the court evaluates all assets and liabilities and then distributes the marital assets equally between the spouses. The court can take into consideration the spouses’ preferences. For example, if one spouse wants to get the marital house, the other spouse prefers the equivalence of the house’s value in other items of the marital property or monetary value.
Divorce in Nebraska
Mediation support in Polk County
In Polk County, mediation is not mandatory but the court may order it when it can help untangle complicated cases of child custody and property division. For example, if the divorcing couple did not submit a parenting plan in time for a hearing, the court may order mediation as a dispute resolution. Also, when the judge hears testimony from the parties and sees a possibility of reconciliation, he or she may order marriage counseling but only if both parties agree.
Divorce in Nebraska
How to file for divorce in Polk County | Step-by-Step
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Check out your eligibility. The state of Nebraska requires either the plaintiff (the spouse who files for divorce) or the defendant (the spouse who responds to the divorce papers) to have been a resident of the state for at least one year prior to filing the divorce case (See Neb. Rev. Stat. § 42-349 (2019)). Where to file. Make sure you know where your local courthouse is located and its working hours. You can file the paperwork in the county where either you or your spouse have lived for the past year. If you are not eligible yet in Polk County, consider filing for legal separation until you meet divorce residency requirements.
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Obtain and fill out the forms. Divorce court forms can be found either at the local courthouse or at OnlineDivorce.com. Your divorce kit will contain a Complaint, Vital Statistics Certificate, and Confidential Party Information and Social Security forms. Fill them out and make two copies of each.
3
File the forms with the court’s clerk. When you bring the completed forms to the courthouse, the court’s clerk submits the original paperwork and stamps the copies. You pay a filing fee OR file an Affidavit and Application to Proceed In Forma Pauperis. If the court finds you eligible for a fee waiver, you will not have to pay the filing fee until the divorce decree is signed by the judge. Now the clerk assigns your divorce case a case number your divorce case officially starts.
4
Serve your spouse. In Nebraska, the plaintiff has no more than six months to serve the spouse. If the other spouse is not served within six months after filing the case, it is automatically dismissed. If you want to shorten the length of the divorce process as much as possible, try to serve the divorce papers as quickly as possible after filing for divorce. It is best to serve the documents at your spouse’s home address if he or she has no legal presentation or at your spouse’s attorney’s office if he or she hired an attorney. As for the method of serving, it depends on whether your spouse is cooperative or not. If yes, you can serve the papers by yourself and get your spouse to sign a Voluntary Appearance and a copy of the complaint. The court will need proof of service so you will file these forms. If your spouse refuses to receive the paperwork or cannot be found, you hire a sheriff to do the serving. If the sheriff fails to find your spouse, or if the spouse is in the military/jail, there are other ways to serve the divorce papers but then it would be difficult for you to handle it on your own and you will need legal help.
5
Wait for the spouse’s response. After your spouse is served with the divorce papers, he or she has 30 days to file an Answer and Counterclaim. If the defendant fails to file an Answer within the deadline, the divorce case enters a default. In fact, a default divorce is the simplest way to end a marriage. Based on the plaintiff’s claim the judge orders custody, support, and property division and enters a default judgment according to what was asked in the Divorce Complaint.
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Disclose financial information. If by this time you and your spouse have not resolved all the divorce-related issues, you each must file the Financial Affidavit detailing your income, expenses, employment, assets, liabilities, and debts. Based on this information the court will make a ruling on child support, alimony, and property division. A copy of the Financial Affidavit is served on the other spouse.
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Get your hearing scheduled. Nebraska has a 60-day waiting period after filing for divorce during which time you should contact the bailiff or the court’s clerk office and to schedule for your final hearing date. Then you fill out and file a Notice of Hearing and serve your spouse with a copy.
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Get your divorce finalized. Attend the hearing and give your testimony if the judge requests. The judge reviews the paperwork and, if it is sufficient, signs a divorce decree. In Polk County, the divorce is finalized after 30 days. Filing Fees for Divorce in Polk County In Polk County, the court filing fee is $157 unless the court grants the plaintiff In Forma Pauperis. Clarify with the court’s clerk office whether you qualify for a fee waiver in Nebraska.
Divorce in Nebraska
Filing fees for divorce in Polk County
In Polk County, the court filing fee is $157 unless the court grants the plaintiff In Forma Pauperis. Clarify with the court’s clerk office whether you qualify for a fee waiver in Nebraska.
CALCULATE YOUR ESTIMATE
Court Filing Fee Estimator
Please note that the divorce filing fee calculator provides an estimate of the
costs associated with filing for divorce in your jurisdiction. These fees are
paid directly to the courthouse and are a mandatory part of the divorce
filing process. The actual amount may vary depending on specific court
requirements and any additional services you may need. It is important
to understand that these fees are due at the time of filing your divorce
documents and are essential for the processing and handling of your case.
Please contact your local courthouse for the most accurate and up-to-date
information regarding divorce filing fees in your area.
We apologize for the inconvenience, but the filing fees for ,
are currently unavailable.
In some counties, specific filing fees for divorce cases may not be
readily accessible or may vary based on individual circumstances.
As a result, we are unable to provide an accurate estimation of
the fees at this time.
We recommend reaching out to your local courthouse or consulting
with a legal professional in your area for assistance in determining
the applicable filing fees for your divorce case.
Nebraska has a 60-day waiting period during which time divorcing couples can complete all the paperwork and resolve all divorce-related issues. If you get in front of the judge without having child custody or support issues or property division resolved, it will take your divorce case longer to get finalized. After the judge signs a decree of divorce, it takes 30 days for it to come into force.
Frequently Asked Questions
How much does a divorce cost in Polk County Getting a divorce in Polk County, can be relatively cheap as filing fees average around $157 for the Complaint for Dissolution of Marriage. If a divorcing couple has agreed to have no contest in a pro se divorce, they can save money on lawyer’s fees. However, the cost of divorce can be much higher if a couple starts hiring experts to appraise their property, do retirement plans, mediate child custody, etc.
How to file for divorce in Polk County without a lawyer? Each Nebraska courthouse has self-help resources and contacts of legal aid to consult divorcing couples free of charge. OnlineDivorce.com offers an affordable option for completing the divorce paperwork online. You will get comprehensive instructions and guidance through an uncontested divorce in Polk County. However, spouses who get a DIY divorce are advised to consult an attorney at least once in cases of expensive property and/or disagreements on child custody, alimony, or child support issues.
What forms are required for an uncontested divorce in Polk County? To get your divorce case started in Polk County, file the following paperwork first:
Couples With Children
Complaint for Dissolution of Marriage with Children
Confidential Party and Social Security Information Form
Vital Statistics Certificate
Financial Affidavit for Child Support
Parenting Plan
Couples Without Children
Complaint for Dissolution of Marriage without Children
Confidential Party and Social Security Information Form
Vital Statistics Certificate
Then clarify with the court’s clerk which other forms you need to file according to your family situation.
Can I file for legal separation in Polk County? Yes, Nebraska recognizes legal separation for married couples. If you cannot meet the divorce residency requirements in Polk County, you can file for legal separation and start handling all divorce-related matters, such as custody, support, and property. If you want to turn your legal separation into a divorce later, you can do it as soon as you have lived in the state for a year.
When is it allowed to remarry after a divorce? In Nebraska, the waiting period to get remarried after divorce is 6 months after the divorce decree is entered.
Divorce in Nebraska
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
