June 18, 2024 | Divorce

Deciding to get a divorce is not easy. Ending a marriage can be complicated. This is not only because of the many difficult decisions that must be made but also because the legal process itself can seem complex. Below, we share an overview of what divorce in Omaha, Nebraska involves so you can make informed decisions.

Filing a Divorce

Before you can begin the process of filing a divorce in Omaha, you must meet the legal criteria to be able to file a divorce within Nebraska. You or your spouse should have been a resident in the state for at least a year prior to filing the divorce or you should have married in Nebraska and either you or your spouse should have been a resident of the state from the date of the wedding to the date of filing the divorce.

If you meet the criteria above, you then have to consider the following.

• Legal grounds for divorce

Nebraska is a no-fault divorce state. This means that you don’t have to prove wrongdoing on the part of either spouse in order to file for a divorce. The only legal grounds for divorce that required in the state is that the marriage is irretrievably broken. This means that there is no reasonable chance of you and your spouse reconciling.

• Types of divorce

Divorce in Nebraska can be contested or uncontested.

Uncontested divorce – in this divorce option, both spouses agree on all major issues such as property division, child custody and support. This type of divorce is usually quicker and less expensive.

Contested divorce – in this type of divorce, the spouses cannot agree on one or more key issues. A third party (the court) has to intervene to resolve the dispute. This type of divorce is often more time-consuming and costly because there are court and legal fees involved.

Do You Need a Divorce Lawyer?

It is possible to go through the divorce process in Nebraska without professional representation. However, having a lawyer can be beneficial. This is especially the case when you are going through a contested divorce.

Whether or not your divorce is contested, having legal representation is important to ensure that your rights are protected. An attorney will also help you navigate complex legal issues, handle paperwork and ensure that all the legal matters are covered. They will make sure that the settlement agreement is fair and comprehensive.

Divorce Process

There are several steps that you must go through for a divorce in Nebraska.

• Preparing initial divorce papers

If you’re the person asking for the divorce, you will need to prepare the initial divorce papers. This includes filling out forms certain forms and providing the court with information including the divorce complaint, your assets, employment information, information about your children and whether you are requesting alimony or not. A divorce attorney can prepare the initial divorce papers on your behalf and ensure that the requirements of the law are met.

• Filing and serving divorce papers

The divorce papers filed with the district clerk’s office in your county using Nebraska’s e-filing system. You will be assigned a case number and your spouse will be served with a summons. This will be hand delivered by the sheriff’s office in the county where your spouse resides.

• Responding to divorce

If you are the spouse being asked for the divorce you will have up to 30 days to respond after being served with the divorce summons. You can either agree with the terms as they have been laid out in the complaint or contest them. If you’re uncertain about what to do, you should refer to an experienced divorce attorney for guidance. If you fail to respond within the allotted time, the judge may grant the request as laid out in the complaint.

• Hearing or trial

If your divorce is uncontested, you will move directly to a hearing. In this case, the judge will simply review the agreement and then issue a divorce decree. If the divorce is contested, you will go for trial in order to have the disputes resolved in court. You may go through multiple hearings or mediation to resolve issues such as custody and property distribution. Both parties will be required to present evidence and arguments. It helps to have an experienced attorney representing you. They will present a compelling case on your behalf. The judge will make a decision based on the facts presented as well as the applicable laws.

• Finalization

Nebraska has several laws regarding finalization of divorce. There is a waiting period of 60 days between the judge’s decisions to the signing of the divorce decree. After the divorce decree is signed and entered in court, you will have to wait another six months before the decree is final. You will not be able to remarry within this period. The waiting period also ensures that health insurance coverage is continued for six months after the divorce.

Getting a Divorce in Omaha NE