Going through a divorce is never an easy process. It can be emotionally and mentally challenging, especially if the process takes a long time. One question you may have during this process is, can you get a divorce without a lawyer in Nebraska?
This is an important question to consider because while it’s not legally required for you to have a lawyer in a divorce case, it is highly recommended. A lawyer can make the divorce process much easier and less stressful for you.
Contested Versus Uncontested Divorces
There are two main types of divorces filed in Nebraska: a contested divorce and an uncontested divorce. While it’s possible to file either one without a lawyer, you should familiarize yourself with the differences.
- Contested divorce: A contested divorce means that spouses do not agree to the terms of the divorce. They may be arguing over certain issues such as child support payments, child custody, asset distribution, etc. These divorces typically take the longest to complete based on the cooperation level of each spouse.It’s essential to have a lawyer on your side if you’re going through a contested divorce, as a lawyer can protect your interests and take the lead in handling the negotiation process with your spouse.
- Uncontested divorce: An uncontested divorce means that both spouses agree to the terms and conditions of the divorce. These kinds of divorces can be resolved much more quickly than contested ones. While a divorce lawyer is not required, it is still recommended, as a lawyer can help you draft a fair divorce agreement and file it with the appropriate court.
Even though you and your spouse may agree on important items, you could still use the help of a lawyer to file the appropriate paperwork.
How a Divorce Lawyer Can Help
A divorce lawyer can help with your divorce in several ways. One important way is with negotiation. If you and your spouse are not on good terms, it may be difficult to reach an agreement. Attorneys may likely be needed to help settle any disputes.
Also, a lawyer can ensure your legal rights and interests are protected. You won’t want to make the mistake of agreeing to something that could be damaging to you in the future. A lawyer can review all documentation before it’s finalized. A lawyer can also help you develop a strong strategy. Whether your goal is to maintain custody of the children or keep ownership of your assets, a lawyer can advise you on how to approach your case.
FAQs
Q: What Is the Fastest Way to Get a Divorce in Nebraska?
A: One of the fastest ways to get a divorce in Nebraska is to file an uncontested divorce. In an uncontested divorce, both spouses mutually agree on all critical aspects of the divorce. Things such as child support, alimony, asset division, and other pertinent issues are agreed upon, and therefore, the divorce can be finalized quickly. Also, engaging an experienced divorce attorney can help ensure your divorce proceeding is completed as quickly as possible.
Q: How Long Do You Have to Be Separated to Get a Divorce in Nebraska?
A: Before you can finalize your divorce in Nebraska, you must wait at least 60 calendar days for the case to be heard. While there is no mandatory separation period, this 60-day waiting period is meant to ensure couples are serious about divorce. The waiting period provides the opportunity for couples to work out their differences and perhaps resolve the dispute. The waiting period starts immediately after the divorce papers have been served to the non-filing spouse.
Q: How Much Does It Cost to File for Divorce in Nebraska?
A: Filing for a divorce in Nebraska costs $160. This filing fee covers the petition for dissolution of marriage. It’s important to understand that there are several other costs to consider when it comes to Nebraska divorces. The State of Nebraska Judicial Branch website has more information regarding state filing fees. You may also incur fees when hiring a lawyer to help with your case.
Q: Is Nebraska a Community Property State?
A: No, Nebraska is not a community property state. This means that Nebraska does not divide assets 50/50 in a divorce. Instead, assets will be divided according to equitable distribution. Whether it’s money, real estate, or other property, the court will decide how it will be divided if spouses cannot come to an agreement. The court will consider factors specific to the case, such as the length of marriage, if any children are involved, and the working history of each spouse.
Q: Is Nebraska an At-Fault Divorce State?
A: No, Nebraska is not an at-fault divorce state; it is considered a no-fault divorce state. This means that either spouse can file a divorce without having to prove the other spouse was at fault for something like adultery, abuse, or abandonment. There is no burden of proof requirement on either spouse. They can simply state that the marriage is beyond repair, which will suffice for its dissolution. This often results in a faster divorce process.
Contact the Divorce Lawyers at Stange Law Firm for Excellent Legal Support
Divorce can be a complicated process. There are many legal requirements and deadlines that must be met when filing with the county court. It can be difficult to navigate this process without the help of an experienced legal professional on your side. Your lawyer can support you throughout this process, especially if you and your spouse cannot agree on certain aspects of the divorce.
The legal team at Stange Law Firm can provide the legal support you need during your divorce. We have a team of dedicated legal professionals with extensive experience in Nebraska divorces. With offices in Omaha and Lincoln, we are dedicated to helping Nebraska state residents with all their legal concerns. Whether you need legal representation, help creating a legal strategy, or have questions about the divorce process, contact us today to speak with a member of our team.
