Divorce can be stressful and is likely to alter your life forever. When examining the different steps in the divorce process, you may wonder, “How long does it take to get divorced in Nebraska?” The timeframe for divorces can vary widely depending on the circumstances of the divorcing individuals. It is wise to consult Omaha, Nebraska, divorce attorneys when considering divorce so they can help make your process as smooth and efficient as possible.
Uncontested Versus Contested Divorces in Nebraska
The main difference between uncontested and contested divorces in Nebraska is that uncontested divorces have parties that agree on all aspects. This level of agreement leads to a much shorter divorce process than contested divorces. Cooperation can be vital when determining how long a divorce will take.
In uncontested divorces, spouses agree on applicable matters like property division, spousal support, child custody, and child support. These divorces move through the system much quicker than their counterparts. In divorces like this, spouses can often prepare documents online or consult an attorney to streamline steps.
Contrastingly, contested divorces with major disagreements can involve court appearances, lengthy delays, and higher costs. Each issue can complicate the case, requiring more negotiation, mediation, or litigation time.
Timeline for an Uncontested Divorce
Uncontested divorces are the fastest way to get divorced in Nebraska. While uncontested divorces are quicker than their counterparts, they involve steps, including a waiting period. An outline of an uncontested divorce can look like:
- Meeting requirements. Although this step involves little action from either party, residency requirements and grounds are good to understand before attempting to divorce. Either spouse needs to live in Nebraska for at least a year before filing for divorce in the state. In addition, because Nebraska is a no-fault state, parties must state that the marriage is irretrievably broken to meet grounds requirements.
- Filing forms. You can obtain the appropriate divorce documents from local authorities. Divorce packets are available with detailed instructions guiding you through the filing process. You can file your completed paperwork at the applicable district court for your county.
- Serving your spouse. Even when uncontested, Nebraska law requires you to serve your spouse with divorce papers. A voluntary appearance form designates that your spouse received the documents and will participate in the process.
- Spousal response. Your spouse has a short period to respond with an agreement or disagreement. In an uncontested divorce, the receiving spouse is assumed to agree to the divorce petition. If the response is not received within the response time, the court will designate it as in default.
- Waiting time. Nebraska’s 60-day waiting period after filing divorce papers can be the longest step in an uncontested divorce. This period allows time for possible reconciliation. During this time, Nebraska requires a parenting education course for parties with minor children. After the period passes, the court can finalize the divorce.
- Final hearing. The petitioning spouse presents a case to the judge summarizing the divorce agreement. As long as the details are fair, complete, and legal, the judge finalizes the divorce decree.
Due to the mandatory waiting period, the uncontested divorce process takes at least sixty days.
Shortening Your Divorce With an Attorney
While even an attorney’s assistance cannot shorten a Nebraska divorce to less than 60 days, the help can be invaluable in contested divorce cases. When spouses cannot agree, they can use time and money to settle disagreements in court. A court decision is not the only way to reach an agreement.
When determining complex decisions like child custody or significant asset division, an attorney can help navigate these complexities. Instead of completing the job yourself, attorneys can help ensure a fair outcome.
Some people reach a settlement agreement without help but want it reviewed for fairness. An attorney can help ensure the agreement meets Nebraska law standards and benefits all parties. This assistance can be the difference between finalizing your divorce and receiving a denial from a judge.
A skilled attorney can shorten your divorce by helping you make tough decisions and speeding up steps that can stall the process.
FAQs
Q: Is There a Waiting Period for Divorce in Nebraska?
A: There is a waiting period after serving divorce papers to your spouse in Nebraska, although you can apply for a divorce without waiting. The waiting period is 60 days before a court can finalize your divorce. The waiting period allows for reconciliation if desired.
While you can initiate a divorce whenever you want, the fastest a divorce can happen is 60 days in Nebraska.
Q: What Is the Fastest Way to Get a Divorce in Nebraska?
A: The fastest way to get a divorce in Nebraska is through an uncontested divorce. Uncontested divorces are situations where spouses agree on everything, and the process is much quicker than a contested divorce. While there is a 60-day waiting period after filing an uncontested divorce, the court can finalize your divorce once 60 days have passed.
Q: How Long Does It Take for a Divorce to Be Finalized in Nebraska?
A: The time for a divorce to finalize in Nebraska depends on the circumstances. Contested and uncontested divorces can have very different timelines. While an uncontested divorce can take at least 60 days, a contested divorce can take months to years. The time it takes for a divorce to finalize is mainly based on the complexity of assets, the cooperation of spouses, and the existence of marital children.
Q: Is Nebraska a 50/50 Divorce State?
A: Nebraska is not a 50/50 state. Nebraska is an equitable distribution state, meaning that the court attempts to enact a fair division based on several factors instead of splitting assets equally. The court considers factors like:
- The length of the marriage.
- Spousal financial contributions.
- Spousal non-financial contributions like childcare or homemaking.
- Future earning potential.
The equitable distribution of property involves marital property and an increase of value on separate property.
Helping You Understand Divorce Timelines in Nebraska
Every divorce is unique. Uncontested and contested divorces can both take longer than either party expects. Your situation’s complexities, including minor children’s presence, disagreements over assets, or spousal support concerns, can significantly impact your timeline.
To help navigate the Nebraska divorce process efficiently, consult a skilled Nebraska divorce attorney from Stange Law Firm. Our team understands Nebraska divorce law and will advocate for an efficient process that achieves your desired outcome.
