Divorce papers in Nebraska — filing for divorce in NE

Online divorce in Nebraska

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How to get divorce in Nebraska

The information below will help understand more about the divorce in Nebraska.

The common steps of how to get a divorce in Nebraska:

1

The spouses need to be a resident of this state. Residency means thet the person need to spend one year in this state.

2

In order to start a divorce process, the interested person need to fill a Complaint for Dissolution with the Clerk of the District Court.

3

The interested person should file the document in the country where the spouses live.

4

Once the documents are accepted, the interested parties will be given a case number.

5

In Nebraska the interested person can file for divorce only because themarriage is irretrievably broken. Nebraska is considered as a non-fault state.

6

After getting a case number, the spouses need to wait for a hearing.

 

Residency:

In Nebraska it is needed to stay in this state for one year in order to have possibility to apply to the local courts.If the spouses got married in Nebraska and lived here for the entire marriage there is no need to wait for one year.

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Valid grounds to get divorce in Nebraska

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As it was mentioned above Nebraska is a non-fault state.
The interested person doesn't need to prove the spouse's fault and can divorce because the relationships are irretrievably broken.

There are some general reason for divorce in Nebraska such as:

#1

Spouse lacked mental capacity to consent.

#2

Spouse is drug or alcohol addicted.

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Annulment of the marriage in Nebraska

The interested person can annul his/her marriage.
The interested person needs to have some specific reason in order to file for annulment in Nebraska, this can be:

  • The spouse was impotent when the interested parties have married and one of the spouses did not know about it. The interedted person needs to prove to the court that he or she did not have sex before marriage and did not know that he is not able to have sexual relationship because of his impotence or some other physical issue;
  • The spouse or spouses were underage when they entered a marriage. In Nebraska the citizen need to be 17 years old in order to annul the marriage, also if theparents or guardians did not sign the document the marriage is considered void;
  • There was some kind of fraud from the spouse's side (thespouse lied to about his health, money, job, status, pregnancy, etc);
  • The spouse or spouses is\are mentally ill or the spouse was mentally retarded at the time of marriage;
  • The marriage was prohibited by Nebraska law;
  • The previous marriage was undissolved;

Legal separation

If the interested person do not want to divorce due to some of his or her personal or religious beliefs, he or she can consider a legal separation, becauseafter getting a legal separation, the interested person is still considered as married person according to the law in Nebraska.

During the legal separation, the interested person have to discuss all the important issues with the spouse such as:

  • property division.
  • who will mostly take care about child or children.
  • amount of child support.
  • amount of spousal support (alimony).
  • division of debts.
  • assets division.
  • visitations days or hours.
  • other important issues.

Legal separation allows the spouses to live separate, but at the same time both of them will have a chance to come back to their family life. 

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Custody of the child in Nebraska

Custody of the child

According to Nebraska law, a child custody consideration is based mostly on the best interests of a child.

When a judge makes decision about child custody and visitation hours he/she usually pays attention to the following factors:

  • Relationships of a child with other family members such as brothers, sisters, grandmother, grandfather, aunt, uncle, etc.
  • Wishes of a child ( the older the child the more attention should be paid to his/her words).
  • Wishes of the parents of a child.
  • Living conditions of each parent.
  • Working hours or schedule of each parent.
  • Ability to raise a child.
  • Age of each parent.
  • Mental health of each parent.
  • Physical health of the parents.
  • Any history of drugs or alcohol addiction.
  • Any history of domestic violence.
  • Any other factors the court may consider as important.

Rules for child support in Nebraska

Child support it is a help that is paid by one parent to another parent who has a physical custody of a child in order to provide all the necessary things for a child such as food, clothes, shelter, education, pocket money, etc.:

  • Amount of salary of both parties.
  • Costs for raising a child in Nebraska.
  • Financial situation of both parties.
  • Ability of each partner to earn money.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

If a parent refuses to pay a child support, the interested person can always ask Nebraska Child Support Payment Center for a help. The Child Support Enforcement program helps parents and children to get their child support back. If the spouse does not pay a child support and disappears from time to time, the interested person can find him if the interested person provides the following information to the Child Support Enforcement Program.

  • Ex-spouse's SSN ( Social Security number). 
  • His friends and family phone number. 
  • His employer phone number. 
  • Ex-spouse's credit records. 
  • Any other useful informations. 
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Rules for spousal support in Nebraska

Rules for spousal support

Making the decision about the amount of spousal support, the court will take into consideration the following factors:

  • the contribution into the marriage (this can be time, money, children, any other things).
  • the length of the marriage (in most cases the interested person have to spend more than 5 years in marriage in order to receive an alimony in Nebraska).
  • education of each spouse.
  • work history of each spouse.
  • ability of each spouse to earn money.
  • financial situation of both parties.
  • spouse’s ability to pay the spousal support.
  • other factors.

Divorce without a lawyer in Nebraska

If the interested person applies for a divorce in Nebraska, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county the spusese living, the process of divorce in the state of Nebraska can vary.

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Divorce forms in Nebraska

There are different lists of forms the interested person has to fill for spouses who have children and for those who do not have children. Here is the list of documents for spouses with no children:

  • Complaint for Dissolution of Marriage without children.
  • Confidential Employment and Health Insurance Information.
  • Social Security, Date, Birth Dates, Gender.
  • Voluntary Appearance.
  • Notice of Hearing.
  • Decree of Dissolution of Marriage - No children.
  • Service by Publication forms.
  • Vital Statistic Certificate.
  • Praecipe of Summons.
  • Other forms.
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