The choice to break up a marriage is not an easy one, regardless of the motives that led to it. Couples who are going through this process are usually afflicted with extreme anxiety, stress, and other feelings. Additionally the divorce process itself can put even more stress on the couple. However, there are methods to make the process a more manageable.
The majority of people opt in the direction of an unsuspecting divorce because it's the most stress-free way to go about it. It is also affordable and fast. These are crucial elements for couples that want to go through the divorce process while enjoying their life.
This is the reason this article is focusing on divorce without contest and the process of obtaining divorce papers online for the state of Nebraska.
General Information to Consider
Divorce filing in Nebraska is not without its own unique characteristics. Couples must know these to avoid anxiety and wasted time.
Nebraska has its own residency requirements for those who wish to apply to divorce. The spouse who is at least one of the parties must reside in Nebraska for at least one year. There is however an exception for those who were married in Nebraska and were married for less than one year, and resided within the state during your marriage.
Nebraska is an entirely no-fault state. It is a state where partners are able to begin a divorce proceedings by stating that their marriage is irreparably broken, and there aren't any chances of reconciliation.
Even if your spouse opposes the dissolution of marriage, you are only required to prove that your marriage is not working. Usually, personal testimony or testimony from family members or acquaintances is enough.
The divorce process can be contestable or not. A divorce can be considered contested when partners are unable to come to an agreement over issues like property division, alimonydistribution, child custody, etc.
It is possible for this scenario to be very complicated, which will result in numerous court appearances. Additionally, you'll have to find a lawyer to represent you. This means you'll face a lengthy and costly divorce.
Alternately, you could opt for an uncontested divorce when the spouse and you are able to deal with all differences and conditions prior to going to the court. It's beneficial since spouses are able to settle their differences on good terms which makes the divorce process easier to handle. It is possible to complete all of the steps without the assistance of an attorney. You can even do it on the internet!
Divorce Forms Online Explained
Even spouses who want an uncontested divorce often engage professional attorneys to assist them in completing the paperwork. This is an logical step due to how difficult divorce papers can be for many people. However, it can increase the price of divorce without contest to $4,000 to $8,000.
There are other options to make divorce more affordable. If you don't wish to employ counsel, then you could complete all the paperwork by yourself.
Nebraska has different requirements for documentation for divorces that are uncontested for couples who have children or without. It can be complicated however online divorce firms can aid you.
They assist spouses by providing tools for drafting divorce papers that meet local laws. They also offer prices that are lower than hiring an attorney.
Uncontested Divorce in Detail
Find out what steps are needed for a non-contested divorce within Nebraska.
Prepare Your Papers
If you'd prefer a doing it yourself divorce You can get all divorce forms from the Nebraska Judicial Branch website. Pick the forms that are suitable for your situation (a family of two or more children) and then carefully fill them in. Make sure you don't make any mistakes or the court might have you repeat them.
Another option is hiring an online divorce firm to help you. In this manner, you'll lower the chance of losing documents, and you will save time since it typically takes about two days for the site to prepare the forms. A safety belt will definitely ease some of the stress , too.
File Your Forms
This is a simple process. It is recommended to make two copies of the required documents filled out and submit them to the clerk of the district court to record.
Remember that each county may have different requirements. Make sure you double-check the information with your clerk.
It is the next thing to do, which involves paying for the filing fees. You can also apply for the waiver. The court will review your plea and accepts it if you are unable to pay the costs.
The clerk will make a file for your divorce case and you'll receive an assigned case number. If you'd like to find out the name of the judge You can ask for this information by contact the office of the clerk.
Serve the Papers
Now , you are able to serve documents to your partner. You have six months to do this beginning from the date of filing. Let's go into details:
- If your spouse has hired an attorney, you are required to deliver documents to them. In the event that you do not have a lawyer, you may serve them directly (in the case of a divorce that is uncontested).
- You must provide the Voluntary Appearance form for the respondent to complete along with a copy of the complaint. The Voluntary Appearance acts as evidence that the papers have been handed over and should file with the court.
- A different option would be to write your own Praecipe of Summons and hire an officer from the county sheriff to distribute the summons.
The defendant has 30 days in which to reply after being served.
Once you've filed all the documents, you will be able to get the date for the hearing. You should contact your county clerk, as various courts have different procedure. Be sure to inform your spouse of the date of hearing.
Final Hearing
You should be at the courthouse by the time that is scheduled. If you're not able to make it, inform that court beforehand. Then, you take a test under oath and the judge will decide if to allow you to divorce. If everything is in order you are issued an official Decree of Dissolution.
The divorce will not be final until you've waited 30 days following the hearing. You are not allowed to marry for 6 months and one day after the date that the Decree was made.
