Every divorce is unique, and all come with their own complications. Contested divorces enter litigation and are complex, lengthy, expensive, and public. If you and your spouse are looking for a simpler and less expensive route for your divorce, an uncontested route may be the right option. An uncontested divorce mitigates some divorce stress and allows both parties more control over the divorce outcome. If you want a simpler and faster divorce in Omaha, a divorce attorney can help you understand uncontested divorces.
Understanding an Uncontested Divorce
An uncontested divorce is when both spouses can agree on or quickly negotiate key aspects of divorce. These issues include:
- Division of marital assets and debts
- Child custody and visitation
- A parenting time schedule
- Child support
- Tax deductions
- What to do with the marital home
- Any other disputes specific to your situation
You and your spouse can write these decisions in a separation agreement and take it to a judge to be entered as a court order in an uncontested divorce. Your attorney can ensure that the agreement is crafted and written properly and that it is legally valid. The judge will approve the separation agreement if they consider it to be fair.
If you and your spouse don’t agree on all these issues, that doesn’t necessarily mean you have to file for a contested divorce. You have other options, including:
- Negotiating the issues in a collaborative divorce, where each party has an attorney representing them
- Negotiating the issues through mediation, where one divorce attorney mediates between spouses
- Creating a separation agreement for the aspects you can, and taking the rest before the judge
However, if no agreements can be made, you will likely need to file for a contested divorce.
Benefits of an Uncontested Divorce
There are several benefits to an uncontested divorce:
Uncontested divorces are much simpler than a divorce that goes through court. It can be handled with several mediations, rather than several court dates that you have little control over. The case doesn’t need to be brought before a judge until the separation agreement is complete. Decisions can be made more quickly, especially with a mediating attorney, which makes it easier for couples to handle the divorce and move on with their lives.
A collaborative divorce can help you and your spouse emotionally deal with and move on from divorce. If you have children, an uncontested divorce is significantly easier on them. Ideally, you and your spouse can work on a parenting time schedule together, which will help with co-parenting in the future and ensures that the two of you are working with your children’s interests as the priority.
- Avoids Court
An uncontested divorce avoids court. Court is costly, time-consuming, emotionally challenging, and very stressful. In some cases, contentious courtroom issues can severely harm both spouses. In an uncontested divorce, both parties can talk collaboratively to find compromises and solutions to the important issues in a divorce.
An uncontested divorce also allows your divorce to remain private. A contested divorce is on record and puts you and your spouse’s issues on public display. This can add to the stress of divorce.
- More Control
When your divorce goes through court, the outcome is out of your control. The judge will make final decisions on alimony, the custody of your children, and the division of marital assets. These things will be entered as court orders and legally enforceable. You and your spouse can advocate for your interests with the help of divorce attorneys, but the final decision rests with the judge.
This is not the case in an uncontested divorce. You and your spouse have full control over the separation agreement terms. As long as the judge does not deem it to be unfair to one party, or detrimental to your children, they will sign the agreement into a court order.
- Less Expensive
An uncontested divorce is one of the least expensive ways of obtaining a divorce. Avoiding court helps you avoid court costs, and attorney fees for mediation are lower than they are for contentious litigation.
Q: How Long Does an Uncontested Divorce Take in Nebraska?
A: If a divorce is uncontested, and you and your spouse have no disagreements to negotiate, an uncontested divorce can take 2 months. This is only because of the mandatory waiting period in Nebraska. However, if you have aspects of the divorce to negotiate, such as child custody or complex asset division, the process is likely to take longer.
Q: Is Nebraska a 50-50 Divorce State?
A: No, Nebraska is not a 50-50 state for the division of property in a divorce. Nebraska is an equitable distribution state. This means that, if your marital property must be divided by the court, the court will review several factors to determine what is an equitable and fair split of assets. These factors may include:
- The contributions of each spouse to the marriage
- Whether one spouse was awarded alimony
- Misconduct that affected the value of marital property
To avoid equitable distribution laws, you and your spouse can create a separation agreement, or you can already have a premarital agreement in place.
Q: What Is the Quickest Way to Get a Divorce in Nebraska?
A: The quickest way to get a divorce is an uncontested divorce. If you and your spouse agree on all major issues in a separation agreement, you can get a divorce finalized in about 2 months. However, if you and your spouse need to negotiate terms, or the court you are filing in is busy, the process of an uncontested divorce can be prolonged.
Q: What Is the Waiting Period for Divorce in Nebraska?
A: There is a 60-day mandatory waiting period that starts from the date your spouse is served divorce papers and summons. If you and your spouse signed and filed a Voluntary Appearance, which waives the right to receive a summons, the 60 days begin on the date the divorce is filed with the court. The court will not hear a case or enter a decree until those 60 days have passed. Your spouse has 30 days from being served the papers to file a response.
Contact Stange Law Firm
An uncontested divorce can be made easier with legal guidance. At Stange Law Firm, our attorneys can help you mediate and negotiate your divorce. We can also check the validity of any separation agreement. Contact us today.