Divorce papers in Nebraska — filing for divorce in NE

Online divorce in Nebraska

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How to get divorce in Nebraska

Online Divorce provides qualitative and approved by the court Nebraska divorce papers. The information below will help you understand more about the divorce in Nebraska. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Nebraska. We guarantee that in a short time you will receive the correct Nebraska divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get a divorce in Nebraska:

1

If you want to divorce in Nebraska you or your spouse need to be a resident of this state. Residency means you need to spend one year in this state. But there is one exception, if you married in Nebraska and lived here the entire marriage, you can also get a divorce even if you are living in Nebraska less than one year.

2

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

3

You should file the document in the country where you or your spouse lives.

4

Once your documents are accepted you will be given a case number.

5

In Nebraska you can file for divorce only because your marriage is irretrievably broken. Nebraska is considered as a non-fault state.

6

Once you have got a case number you need to wait for a hearing.

7

If you are filling the forms by yourself you need to be sure you choose the appropriate forms as sometimes people do not know what forms they need to fill and what they do not need to touch at all. Of course you can ask a professional attorney to help you to choose and to fill all the forms, but it will cost you a fortune. That is why Online Divorce offers our services that are affordable for every American citizen. We can help you to make your divorce run quick and smooth.

Online Divorce is always there to help you with :

  • Choosing appropriate divorce form documents that correspond to your divorce case.
  • Filling these documents out according to the rules of Nebraska.
  • Saving your time for all the divorce issues.
  • Saving your money you are going to spend for an attorney.

Residency:

Most of the state allow you to file for the court when you lived at least 6 month in their state. But as for Nebraska you need to stay in this state for one year in order to have possibility to apply to the local courts. But there is one secret way you can file for divorce earlier. If you or your spouse got married in Nebraska and lived here for your entire marriage there is no need to wait for one year, but you can already file for divorce.

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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.

 

This is good as if you want to divorce in Nebraska you do not need to prove your spouse fault and can divorce because your relationships are irretrievably broken.

This means you can not live with this person any longer and you do not have any hope that your relationship can improve in the nearest future.

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

If you do not want to divorce in Nebraska, you can annul your marriage. Though you should know that it will not be an easy process. Annulment is almost the same as dissolution of marriage, ut in the end you receive a documents that states that your marriage has never existed.

You need to have some specific reason in order to file for annulment in Nebraska, this can be:

  • your spouse was impotent when you married and you did not know about it. You need to prove to the court you 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;
  • you and/or your spouse were underage when you entered a marriage. In Nebraska you need to be 17 years old in order to annul your marriage, also if your parents or guardians did not sign the document your marriage is considered void;
  • you were forced to marry  you were intimidated and your spouse or other person promised to kill you if you will not marry);
  • there was some fraud from your spouse side (your spouse lied to you about his health, money, job, status, pregnancy, etc);
  • you or your spouse is mentally ill or your spouse was mentally retarded at the time of marriage;
  • your marriage was prohibited by Nebraska law (marriages with whole blood or half blood relatives, etc);
  • your previous marriage was undissolved (it means your were still married with another person when you enter your new marriage);

In addition, same-sex marriages were prohibited in Nebraska until March 2, 2015. Now if you are married with the same-sex person it is not a reason for annulment in Nebraska. Furthermore, it is considered as a violation when a court refuses to acknowledge a lawful same-sex marriage in Nebraska.

Legal separation

There is another way to stop living with your spouse and it is called legal separation. When you do not want to divorce due to some of your personal or religious beliefs you can always consider a legal separation, because once you get a legal separation you are still considered as married person according to the law in Nebraska.

During the legal separation you need to discuss all the important issues with your spouse such as:

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

The reason for a legal separation sometimes can be some financial issues. For example a couple have a very good medical insurance and if they separate they have to pay more. Or you have a retirement program and you will have problems with it in case of divorce. Sometimes people do not want to divorce because of their tax benefits or may be you and your spouse still have a hope for reconciliation. So a legal separation it is such a convenient alternative in these cases, because you and your spouse will have opportunity to live separate, but at the same time you both will have a chance to come back to your family life.

In addition, if you and your spouse do not meet residency requirement to get divorced in Nebraska (and it is 1 year of living in this state according to the Nebraska law) you can still file for legal separation.

You need to remember that neither you nor your spouse is not allowed to enter a new marriage when you are legally separated. That is the main disadvantage of it. So if you decided everything is over with your spouse and you want to start a new family you need to get a divorce in Nebraska.

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Custody of the child in Nebraska

Custodyof the child

Both parents, mother and father, play a very important role in child’s life. That is not only about providing food, clothes, shelter and education for your child. We are talking about love, close relationship, friendship, nurturance and guidance that parents prove to their children.

That is why according to Nebraska law a child custody consideration is based mostly on the best interests of a child and everybody knows that a child need to have a permanent and continuing communication with both parents. Earlier a custody of a child was always given to a mother of a child, but nowadays the sex of a spouse does not matter to a court.

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.

There is always a hot discussion between a parent who have to pay child support and a parent who receives child support about its amount. But the calculation of a child support is usually made by the local court based on a following factors:

  • 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 you 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 your spouse does not pay a child support and disappears from time to time you can always find him if you provide the following information to the Child Support Enforcement Program.

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

Rules for spousal support

Spousal is one of the most difficult questions during the divorce in Nebraska. Sometimes people think that alimony and spousal support means different things, but this is not true. This is exactly the same. So, one spouse can receive a help from another spouse because of many reasons. One if it can be bad education of one spouse. 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 you need 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.

Some people think there is no need in alimony as we are living in the modern world where a woman and man can earn the same amount of money. Other people disagree with this opinion and think it is still necessary to help a spouse who is left with a low income while the other spouse can afford to pay a spousal support and still have enough money for his/her living.

Talking about all the pros and cons of the alimony we need to remember that the main goal of maintenance is to keep life of both partners according to the living standards they had during their marriage.

Divorce is a very difficult process, but it becomes even worse when one spouse tries to make ends meet while the other has a lot of possibilities and enjoys his/her life.

Divorce without a lawyer in Nebraska

If you apply 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 you live, the process of divorce in the state of Nebraska can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Divorce forms in Nebraska

There are a lot of forms you need to fill if you want to get a divorce in Nebraska. Some people like to fill forms and it is ok for them, while the other absolutely hate this process and filling forms for them costs a lot of their energy, time and even health.

But the problem is not only about filling the forms. The main difficulty most people who want to divorce in Nebraska face is that you need to choose an appropriate form relevant to your case. If you choose some form you do not need to fill your forms will not be accepted by the court. In this case you need to start all the process over again.

Online divorce if always ready to help you with:

  • Choosing the appropriate divorce form documents that you need for your case;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Nebraska;

There are different lists of forms you need 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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