Anyone going through a divorce or preparing to go through a divorce in the Cornhusker State may reasonably be wondering, “How much does a divorce cost in Nebraska?” No two cases will have the exact same cost factors, but there are similarities between cases that can determine what a divorce ultimately costs. Having legal representation throughout your divorce can help save you time and money for several reasons.
Divorce Cost Factors
The cost of your divorce will ultimately be due to a combination of factors. First is the initial court filing fee that everyone going through a divorce must pay. If you are the petitioner in the case, you will be responsible for paying this fee and the cost of having a process server take a copy of the petition for divorce to your spouse.
Once the divorce process begins, you will need legal representation. A family law attorney can greatly expedite the divorce process while making sure that your rights are fully protected throughout the divorce process.
Attorneys spend considerable time representing clients, and family law attorneys charge a flat hourly rate for their services. Additionally, there may be a requirement to pay a lump sum retainer as a condition of legal representation.
In cases where the divorce does not linger for too long, the retainer may be sufficient to cover the cost of representation throughout a divorce. If the divorce is delayed due to disagreements on the final terms of the divorce, the retainer may be used up completely. In that case, the attorney would require another retainer to continue providing legal services.
Depending on how complex your divorce case is, you may need to split the cost of hiring court-appointed professionals or mediators to facilitate the divorce process. A child custody evaluator is one type of court-appointed professional who may be assigned by a judge to speak to both parents and visit the child’s home environment to determine whether both parents are able to provide a safe environment for the child.
Another cost factor could be the expense of hiring an attorney to prepare to go to trial. Although family court trials are rare, a judge may ultimately have to decide complex matters like child custody arrangements when both parents are unable to come to a consensus on a parenting plan.
Does a Divorce Have to Be Expensive?
A divorce does not have to be expensive. There is no way to predict whether your spouse will make a good-faith effort to address important matters like the division of the marital estate. Having an experienced attorney can make a big difference in how quickly those matters are resolved.
Early on in a case, you can save your attorney time by calculating the total value of the marital estate and which assets and properties are not subject to division during a divorce. In Nebraska, personal property that is inherited, gifted, or owned before the marriage is generally exempt from division during a divorce.
Finding records proving those assets are owned outright by you can be time-consuming, and any effort to collect relevant documents as evidence in court can save your attorney time and, ultimately, save you money.
By finding a lawyer that is a skilled negotiator, you can work through areas of disagreement, so there is no need for a trial or ongoing litigation. Your lawyer can work to find creative ways of moving the case toward finalization, possibly by working with a mediator who can bring both parties to consensus over difficult problem areas.
FAQs
Q: How Much Does It Cost to File a Divorce in Nebraska?
A: The average cost for filing for divorce in Nebraska is around $160, but additional expenses can arise depending on the complexity of the case. Legal fees, court costs, and charges for mediation or expert witnesses may increase the total cost of the divorce process. Check your county’s domestic relations court website for specific fee numbers.
Q: How Long Does It Take to Get Divorced in Nebraska?
A: The 60-day waiting period in Nebraska means that no divorce can be finalized until at least 60 days have passed after the other spouse has been served with the divorce papers. This period is designed to give both parties time to consider reconciliation or resolve important issues like child custody and property division.
Q: Does the Wife Always Get the House in a Divorce?
A: The wife does not always get the house during a divorce. Nebraska views marital property as belonging equally to both spouses. During a divorce, both parties can work together to come to an agreement on how assets and properties, including the house, are divided. One party may receive the house following a divorce in return for concessions made to the other party.
Q: Do You Need a Lawyer for a Divorce in Nebraska?
A: You do not need to have a lawyer for a divorce in Nebraska, but having legal representation is highly advisable. Without legal representation, you may find the state’s family court system to be very difficult to navigate. The role of an attorney is to protect their client’s rights throughout the court process. Following the finalization of your divorce, you may find it difficult to request the court to consider modifying important orders like child custody orders.
Q: Is Nebraska a 50/50 Divorce State?
A: Nebraska is an equitable distribution state, not strictly a 50/50 divorce state. While many marital estates will end up being evenly divided, there is no strict rule that the division of assets must be perfectly equal. Sometimes, a judge may decide that a 50/50 division is unfair to one party. Both spouses may come to an agreement that provides more than 50% of the marital estate to one spouse.
Schedule Your Nebraska Divorce Consultation Today
We understand how tough divorce can be, both emotionally and financially. That’s why we work to keep things as smooth and cost-effective as possible. Financial concerns during divorce are real, and we prioritize handling your case with care while protecting your rights and keeping expenses manageable.
If you’re going through a divorce in Nebraska, contact us today for a consultation. We’ll work with you to navigate the process, minimizing stress and keeping your case on track. Contact our office today to schedule your consultation.
