What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Nebraska Divorce Records
- What Are the Residency Requirements for Divorce In Nebraska?
- What Are the Grounds for Divorce in Nebraska?
- How Much Does It Cost To File for Divorce in Nebraska?
- How Long Is the Waiting Period for Divorce in Nebraska?
- How To File for Divorce in Nebraska?
- Are Divorce Records Public in Nebraska?
- How To Get Certified Copies of a Divorce Decree in Nebraska?
- Divorce Settlement: Is Nebraska a 50/50 State?
- FAQs About Divorce Process In Nebraska
Nebraska Divorce Records
Nebraska has had average divorce rates since the early 2000s. The current divorce rate is 2.6 per 1,000 people, slightly higher than the national average of 2.4. This is a slight decrease from 3.6 per 1,000 in 2010, indicating that divorce rates are declining in the state. Current trends may be attributed to changing religious and social attitudes toward marriage. It could also be due to fewer marriages in the past few years, hence fewer splits. The local demographic trends on divorces also vary with time and changing social movements. However, considering most of the married population is non-Hispanic white, it would make sense that the majority of divorce numbers are from this group.
Nebraska has three main types of divorce records. They include the following:
- Divorce Case Files are documents created and stored during the court process. They may include motions, petitions, financial disclosures, and trial recordings.
- Divorce Certificates are official documents issued to the parties following the decree. They are also maintained by the Nebraska Department of Health and Human Services. These are used as official means of proof a previously married couple is legally divorced.
- Divorce Decrees are the final resolution provided by the courts following the court proceedings. They may include property separation, spousal support agreements, and custody arrangements.
What Are the Residency Requirements for Divorce In Nebraska?
According to Nebraska Revised Statute 42-349, one of the parties should have been a resident within the state for a time of one year before the filing for divorce. An alternative is the wedding ceremony should have occurred in the state so that either spouse needs to have resided in Nebraska from the time the marriage occurred to the period the complaint was filed. Persons who are serving in the military and stationed in any of the cases within the state for a year can also have their divorce processed in a Nebraska court.
What Are the Grounds for Divorce in Nebraska?
Nebraska is a no-fault divorce state. This means parties are allowed to divorce due to irreconcilables. differences. It also means there is no facilitation for fault-based divorce. That said, the terms of the partners relating to asset division or child custody can be contested in court. For this reason, the proceedings will move to trial.
How Much Does It Cost To File for Divorce in Nebraska?
In Nebraska, divorcing parties will incur costs due to several factors including whether it is being contested or not. The following is what to expect from either a contested or uncontested divorce.
- Filing fees: these are standard and the cost for filing a Complaint of Dissolution of Marriage in Nebraska is $160
- Serving: In some cases, one spouse can serve their partner with the petition. If this is not possible, they will have a sheriff or a private server. A private party or sheriff will cost from $20 to $30. If this is not possible one can serve their spouse by publication, which ranges from $60 to $80.
- Attorney fees: for uncontested divorces, the attorney fees are reduced because of less court time. Novice-level lawyers may charge $100 per hour, but more experienced ones can charge $400 per hour. So it would be advisable to keep the court time to a minimum but if this is not possible contested divorces may cost as much as $15,000.
- Parental classes: these are mandated by the Nebraska Parenting Act, for situations where the child's custody is at risk. It is to educate parents on the effect of divorce on their children. They typically have a registration fee of $50.
- Mediation: Nebraskan courts may require mediation, particularly for cases of child custody and spousal support disputes. Court-appointed mediators are generally less expensive than privately sourced options.
If the parties to the divorce are unable to afford the expenses, the law allows them to ask the courts to have the county help them pay for them. One can file an Affidavit with the court showing that they are unable to pay some of the costs.
How Long Is the Waiting Period for Divorce in Nebraska?
A 60-day period elapses after a Complaint of Dissolution has been filed before the Court. If there are children involved in the divorce proceedings or if property rights claims have been contested, the period may take longer to end. It's an unofficial cooling period allowing any one of the partners time to think about reconciliation should either party desire it.
How To File for Divorce in Nebraska?
The requesting party must issue particular files to the Clerk of the District Court. These include the following:
- A Complaint for Dissolution of Marriage
- Nebraska law also requires that one files a Vital Statistics Certificate of Dissolution of Marriage or Annulment. This is to be filled out and taken when one files the Complaint.
- Social Security Information forms
- Confidential Employment and Health Insurance forms
- The filer is required to pay the filing fee when filing the complaint and related materials. If they cannot afford to do so, they can request the judge to waive the fees. After the documents have been filed then the clerk of the courts will open a file, and assign a docket, or case number to the divorce action.
- The responding party will provide their mate through a formal "Service of Process" to be served by a sheriff or private process server. The other spouse will be viewed as the defendant in the proceeding.
- They have 30 days following service to respond in writing to the Complaint. They will answer and Counterclaim for Dissolution of Marriage.
- Parties can then contact the district court's clerk so that they can inquire about how to get a hearing date and time for the matter.
- If the judge approves the decree after a hearing, it will not stand final for 30 days. In addition, there is a 6 month waiting period from the date of the divorce decree prior to remarrying.
Are Divorce Records Public in Nebraska?
By Neb. Rev. Stat. § 84-712, government documentation, including divorce records, is open to the public. These records are filed with the district court. However, these provisions are restricted where information concerning child abuse, molestation, or neglect is not accessible to all parties. The same applies to sensitive financial data or other details that would constitute a breach of the party's privacy.
How To Get Certified Copies of a Divorce Decree in Nebraska?
Certified copies of a divorce decree can be obtained from the Clerk of the District Court. They can be obtained in person or by mail. The requester must also provide their identifying information, the names of the parties on the record, and the divorce date. Depending on the county, certified copies will cost a fee, which ranges from $5 to $10 per copy.
Divorce Settlement: Is Nebraska a 50/50 State?
Nebraska is not a 50/50 divorce state. It uses equitable distribution when dividing the marital property between partners. The judge will decide the distribution of property based on the length of the marriage, the earning potential of each spouse, and the age or health of each person. They will also consider the more vulnerable spouse more favorably to ensure they live a fair standard of life following the divorce.
FAQs About Divorce Process In Nebraska
How Do I Modify a Divorce Decree In Nebraska?
It is possible to modify a divorce decree in the state if the parties prove there has been a significant circumstance change. That means some events would have led the judge to decide differently. The first step is to file a complaint or a motion requesting a decree modification. Next, the requesting partner has to notify the other partner concerning the modification motion. The interested party will provide sufficient evidence and reasons why the modification should be done. A hearing will be scheduled, and the judge will decide based on their evaluation.
How Do I Enforce a Divorce Decree In Nebraska?
One can enforce a divorce decree if the other party does not honor the court's stipulations. In these cases, the requester can contact them through legal counsel and handle the matter outside court. If this does not work, they will file a motion with the district or family courts so they can act.
The courts will schedule a hearing and weigh the evidence of any violations. If it is proven, they could order punitive action against the offending party via garnished wages or settlement money. Alternatively, they could place the person in contempt and remand them to jail while also requiring restitution before or upon the completion of the sentence.
What Are the Restrictions to a Divorce Decree in Nebraska?
Per NRS § 42-366, some divorce decrees cannot be modified following the divorce decree. In this case, child custody and spousal support orders. Only in sporadic cases can parties seek a change in the final orders if the situation has dramatically changed.
Can I Efile My Divorce in Nebraska?
It is possible to E-File a divorce in the state via the Nebraska Judicial Branch website. Interested parties can register using the trial court case management system, JUSTICE. They would also have to prepare documentation to ensure it is in the correct format. The next step is to pay the filing fees unless they get a fee waiver.
How Do You Serve Divorce Papers in Nebraska?
Individuals looking to file for a divorce can deliver the Complaint for Dissolution in person to their ex-partner or have it delivered by the sheriff. The clerk of the court organizes this. They will send a sheriff the complaint, summons, and fee. The sheriff will serve the notice of divorce filing to the other spouse. Afterward, they will return the documents with the return of service documentation, proofing that the person was served.
Does Nebraska Mandate Couples To Participate in Divorce Mediation or Counselling?
The courts will not specifically mandate that all couples go through mediation or counseling. It depends on the situation. If the couple is in dispute concerning the separation of assets or child custody to a significant degree, the court may encourage them to seek mediation in the best interests of the children. They may provide a court-appointed mediator who is cheaper or allow the parties to seek a private third-party alternative.
How Do I Seal My Divorce Records in Nebraska?
Considering that divorce records are open to the public, barring some exceptions, they are not sealed in most cases. Parties can seal the divorce records by filing a petition to the courts. It will include an explanation of the way public knowledge may harm the parties involved. It should show that public access will hurt the parties' privacy on the record. The judge may consider the argument and decide to seal the records in favor of the requestor.
How Does Nebraska Calculate Alimony?
The courts in Nebraska do not remarkably follow a formula for the calculation of alimony. It is based on fairness to both of the parties. The judge will determine alimony based on the ability of the financially able person to pay, the dependent spouse's needs, the standards of living, and the physical and emotional conditions of both spouses.
The length of the alimony is dependent on these attributes. If the marriage is long, chances are that the alimony may be granted indefinitely, provided the paying spouse can do so. For short-term marriages, though, alimony is generally awarded for shorter periods until the other spouse can support themselves.
How Do I Access Historic Divorce Records in Nebraska?
To access historic divorce records, parties should visit the Clerk of the Courts in the county where the case was heard. It would be advisable to contact their offices in advance to determine the best approach and requirements. They may require proof of identification and a valid reason to access the records. Interested parties may visit the clerk's office in person and also provide the details of the record, such as names, dates, and case numbers if known. The fees per record copy depend on the county authority, but seekers may pay via money order, cash, or credit card.
