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Uncontested Divorce in Nebraska

Requirements for an Uncontested Divorce in nebraska

To qualify for an uncontested divorce (called “dissolution of marriage”) in Nebraska , the following must apply:
 

  1. Residency: 

    • At least one spouse must have lived in Nebraska for at least 1 year before filing.
       

  2. Grounds for Divorce 

    • At least one spouse must have lived in Nebraska for at least 1 year before filing.

    • The only required ground is that the marriage is “irretrievably broken.” No blame or misconduct must be proven.
       

  3. Full Agreement:

    To proceed uncontested, both spouses must agree on:

    • Division of marital property and debts

    • Spousal support (alimony), if any

    • Child custody, parenting time, and child support (if applicable)

Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

Forms depend on whether you have children. Common forms include:

  • Complaint for Dissolution of Marriage

  • Voluntary Appearance (if both spouses are filing)

  • Confidential Party Information Form

  • Decree of Dissolution

  • Financial Affidavit

  • Parenting Plan (if you have children)

  • Child Support Worksheet (if applicable)

Download forms at: https://supremecourt.nebraska.gov/self-help/families-children/divorce
 

2. File with the District Court

  • File your paperwork at the District Court in the county where either spouse resides.

  • Pay the filing fee, typically around $158–$175.

  • If you cannot afford the fee, you can file an Application to Proceed In Forma Pauperis to request a waiver.


3. Serve the Other Spouse (Unless Jointly Filed)

  • If you filed without your spouse’s signature, you must serve them using a sheriff or certified mail.

  • If both sign a Voluntary Appearance, formal service is not required.


4. Wait the Mandatory 60 Days

  • Nebraska requires a 60-day waiting period from the date the Complaint is served (or from filing if jointly filed) before the divorce can be finalized.

5. Attend Final Hearing

  • A brief hearing is usually required to finalize the divorce.

  • Bring your signed Decree of Dissolution and any supporting documents.

6. Receive Final Decree

  • If the judge finds your agreement fair and all documents in order, they will sign the Decree of Dissolution, finalizing the divorce.

Cost Considerations

  • Filing Fee: $158–$175 (varies by county)
     

  • Service Fee (If required): $25–$50 (if needed)
     

  • Attorney Flat Fee: $500–$1,000  (optional)
     

  • Online Divorce Services: $150–$350
     

  • Fee Waiver: Yes, with proper financial documentation

Important Considerations

  • With Children:

    • You must submit a Parenting Plan and Child Support Worksheet

    • You may also be required to complete a Parenting Education Class

    Property Division:

    • Nebraska follows equitable distribution laws—assets and debts are divided fairly, not necessarily equally

    Legal Advice Recommended:​

    • Even in uncontested divorces, consulting an attorney is a good idea—especially with real estate, retirement accounts, or complex parenting arrangements

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