No matter how you decide to pursue it, your divorce is likely going to be heartbreaking, traumatic, and emotionally painful for you to deal with. There are many ways you can try to make it easier on yourself, but throughout the process, you will likely face a great deal of pain and confusion. You may be wondering if you have a legal right to pursue a divorce. Thankfully, Nebraska is a no-fault state. An Omaha divorce lawyer can help you find your way.
Pursuing No-Fault Divorce in Nebraska
There are positives and negatives to pursuing a no-fault divorce. Before you move forward with your decision, you may want to fully understand the Nebraska divorce laws as they apply to you. In Nebraska, you do not need to prove fault in order to get a divorce. This means that you are allowed to end your marriage whenever you want, and you do not need to justify it to the court. You are not legally required to prove that your spouse did something to break the marriage.
If your divorce is contested and ends up being decided by the court, the reason behind the collapse of your marriage may not matter when deciding on asset division, child custody, or spousal support. While certain elements, such as abuse or infidelity, may influence the amount of support that your spouse may receive, it won’t influence the divorce itself. You should focus on protecting your own finances and pursuing the ideal options available to you.
The primary goal of a no-fault divorce is to avoid litigation as much as possible and finalize your divorce quickly. The only requirement for a divorce in Nebraska is that the marriage has become irretrievably broken, meaning that you have decided there is nothing worth preserving in your relationship. Since you don’t have to spend time and money gathering evidence of wrongdoing, you can focus on navigating the legalities and planning for what comes after.
According to information from the CDC, the divorce rate in Nebraska in 2022 was around 2.6 per 1,000 residents. Nebraska has a lower divorce rate compared to many other regions across the country, but that doesn’t mean divorces are uncommon in the state. When they happen, it’s important to take the proper steps to protect yourself.
If you are struggling with your emotions post-divorce, you may want to reach out to an Omaha divorce support group, such as DivorceCare. Talking to someone can help you manage your emotions during this time.
The Nebraska Divorce Process
In a no-fault divorce, the process for filing for divorce can often be smoother than that of a fault divorce. In Nebraska, this kind of divorce is not particularly difficult, but it does have its own filing deadlines, court costs, and required paperwork. You may want to consider hiring an experienced divorce lawyer to help you work through the process. Here are some of the important steps in the Nebraska divorce process:
- File the Paperwork: The divorce process begins when you file a Complaint for Dissolution of Marriage with the District Court in the county where you reside. You may also need to pay a filing fee to the court. If you have a low income, you may be able to get the fee waived. Speak with your lawyer about the details, deadlines, and additional paperwork required to file for a no-fault divorce.
- Serve Your Spouse: Once the paperwork is filed with the court, your spouse will be served with the divorce papers. If your spouse is willing to expedite the process, they can sign a Voluntary Appearance form and avoid the actual serving of the papers. From there, there will be a 60-day waiting period before the final hearing.
- Final Hearing: You and your spouse will need to attend a hearing where a judge will look over your divorce decree. If both parties agree on all issues, they can sign a settlement that resolves everything. If the divorce is uncontested, the judge will sign the final decree of dissolution.
FAQs
Q: How Long Does a Divorce Take in Nebraska?
A: There is no telling how long your divorce may take to finalize in Nebraska. Every divorce case is different, with each case having specific contributing factors that influence your timetable. Generally, if a divorce is uncontested and there are minimal assets to consider, the divorce will proceed quickly and without any hiccups. The more complicated a divorce is, the longer it will take to finalize.
Q: How Much Will My Divorce Cost?
A: The total amount that your divorce will end up costing you depends on multiple factors. Every divorce case is going to cost a different amount because of its unique contributing factors. Your total cost will be determined by the complexity of your case, the skill of the lawyer you hire, your court fees, and how much you end up losing in asset division and ongoing financial support.
Q: Should I Get a Lawyer for My Divorce?
A: Yes, you should seriously consider hiring a lawyer for your divorce. You may think your divorce is going to be smooth and quick, especially if it’s an uncontested, no-fault divorce. Unfortunately, you might not be able to anticipate setbacks that arise, and when this happens, you may be wholly unprepared to deal with them. Having a seasoned professional on your side can make all the difference in unexpected situations like these.
Q: Can I Get a Divorce in Nebraska When Both Parties Disagree?
A: Yes, you can still get divorced in Nebraska if both parties disagree. This would denote a contested divorce, and many of the divorce terms will be decided by the court since you and your spouse are unwilling to compromise. This kind of divorce can get messy, personal, and unpredictable. Your spouse may just be trying to drain you financially or mess with you out of spite. You need a good lawyer who stands their ground and advocates for you.
Contact Us Today
At Stange Law Firm, we can help you determine the right course of action for your divorce. Contact us to speak to someone on our team about a consultation.
