File for Divorce in York County, Nebraska (NE) | Divorce in York County
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Divorce in York County

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Online Divorce in York County

divorce in York County

Please note: OnlineDivorce.com in York 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 Nebraska? 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 York County, NE. This is where the services of OnlineDivorce.com come in handy.

As a document 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 will be quick and stress-free.

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Valid grounds to get divorce in York County

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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.

Marriages carried out according to Indian customs fall under the provisions of the Nebraska statute and shall be dissolved in the same manner.

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Custody of the child in York County

Custody of the child in York County

Nebraska 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 Nebraska, 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, 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.

Nebraska 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.

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Rules for child support in York County

Using the Income Shares Model to calculate the amount of child support, Nebraska courts consider the net income of each parent and the child support guidelines, according to Supreme Court Rules Chapter 4 Article 204: Child Support Guidelines.

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 Nebraska, 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.

Rules for spousal support in York County

Rules for spousal support in York County

Given the different purposes of alimony and division of property, these two issues are regarded by the court separately.

Nebraska 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 Nebraska here.

Uncontested York County divorce with children

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Property division in York County

Property division in York 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, Nebraska 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.

Mediation support in York County

In Nebraska, 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.

How to file for divorce in York County | Step-by-Step

1

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, consider filing for legal separation until you meet divorce residency requirements.

2

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.

6

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.

7

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.

8

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. The divorce is finalized after 30 days.

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Filing fees for divorce in York County

In York 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.

How long will it take?

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.

Filing for divorce in York County | Frequently Asked Questions

How much does a divorce cost in York County
Getting a divorce in Nebraska 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 York 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 York 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 York County?
To get your divorce case started, 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 York County?
Yes, Nebraska recognizes legal separation for married couples. If you cannot meet the divorce residency requirements, 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 York County online

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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.
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  • 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.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.

Divorce Courts in York County, Nebraska

York County Court
Clerk Name:
Kathryn Barnes
Court Address:
510 N Lincoln Ave, York, Nebraska 68467
Phone:
(402) 362-4925
Fax:
(402) 362-2577