By Nicole M. Mailahn and Mikayla Gross
Introduction
Divorce can be an intimidating and overwhelming process for many clients due to their unfamiliarity with the court system. However, learning about the divorce process can help ease some clients’ worries and assist them when making decisions. This blog post aims to inform the reader about what to expect when divorcing with and without children in Nebraska. It is important to note that this blog post intends to provide general information regarding the divorce process, and not all clients proceed through the divorce process the same way due to their situations and local court rules. If you have any questions about divorce, please contact our office, and our attorneys may be able to give you more tailored advice.
Meeting with an Attorney and Filing for Divorce
To begin the divorce process, it is recommended that each party meets with an attorney to discuss what the process would look like for them. While a spouse can represent themselves in the divorce proceedings, known as pro se representation, the divorce process can be complex, and it would likely be beneficial for them to have an attorney who understands how to navigate the court system and can advocate for them.
Additionally, an attorney can help a spouse determine if they have grounds for divorce and if the spouse is qualified to file for divorce in Nebraska. Nebraska’s grounds for divorce stem from a party’s assertion that the marriage is irretrievably broken, and the parties have made every reasonable effort to reconcile; however, ultimately, the judge determines if the parties can be divorced.[1] Moreover, Nebraska law requires at least one of the spouses to have been a resident of Nebraska for one year before filing for divorce.[2] There is an exception to this rule that allows spouses to file for divorce in Nebraska if they were (1) married in Nebraska, (2) have been married less than one year, and (3) have lived in Nebraska throughout the entirety of the marriage.[3]
To file for divorce, an attorney will file a Complaint for Dissolution of Marriage on behalf of their client with the District Court in the county that the client or their spouse lives in.[4] The complaint must then be served to the other spouse.[5] The other spouse will have 30 days after being served to respond the complaint.[6] In their response, the other spouse can disagree with the information alleged in the complaint, which is known as contesting the divorce.
After the complaint and response have been served to the respective parties, the parties will determine if they have to request a hearing or proceed to trial.[7] Parties who are not contesting the divorce usually proceed to a hearing, whereas parties who are contesting the divorce can proceed to trial.[8]
Hearings and Trial
Attorneys will gather information and evidence from their client and opposing counsel to prepare for hearings and trial, which is known as the discovery process. The discovery process allows for attorneys to be transparent about information with opposing counsel and assists them when creating arguments or settlement agreements.
As part of the discovery process, attorneys will likely request that their clients provide them with a large amount of information. For example, attorneys may have their clients and witnesses complete affidavits to be used as evidence in divorce proceedings. Affidavits are written statements that the author swears are true and are written about topics such as a party’s character, finances, and parenting. Attorneys also will likely recommend that the divorcing parties complete a property statement, where the spouses write down every major asset that they own and its value, so that the assets can be divided to the appropriate party upon the dissolution of marriage. Additionally, if the parties have children, they may be required to attend a parenting education class, and the court will require that they develop a parenting plan.[9] The parenting plan can be created between the spouses, with the help of an attorney, or through mediation.[10]
If the parties proceed to a hearing, which is a shorter court session, the parties may discuss their plans regarding custody of children, child support, health insurance, daycare, wage withholding, alimony, and attorney’s fees before the divorce is finalized.
If the parties proceed to trial, more preparation will occur since trial is a longer and more complex court session. During trial, the attorneys will argue in their client’s favor about any topic that is contested, such as child custody or alimony. Attorneys may also call witnesses to testify, offer evidence, and cross examine the other side’s witnesses.
The Court’s Decision
After the hearing and the trial, the judge will sign the divorce decree, if the judge believes that the parties should be divorced.[11] The divorce will likely be finalized in 30 days after the judge signs the decree.[12] Upon finalization of a divorce, the parties can remarry within six months and one day of the divorce decree being signed.[13]
Conclusion
Overall, the divorce process can be complex depending on the situation of the parties, and it is important for the parties to a divorce to be informed and understand the legal process. If you have any questions about divorce or how the process may work for you, please contact our office to speak with one of our attorneys.
[1] Neb. Rev. Stat. § 42-360; § 42-361.
[2] Simple Divorce – No Children, State of Neb. Jud. Branch, https://supremecourt.nebraska.gov/self-help/families-children/simple-divorce-no-children (last visited July 31, 2024); Simple Divorce – With Children, State of Neb. Jud. Branch, https://supremecourt.nebraska.gov/self-help/families-children/simple-divorce-children (last visited on July 31, 2024).
[3] Simple Divorce – No Children, supra note 2; Simple Divorce – With Children, supra note 2.
[4] Divorce without Children- Process and Estimated Timeline, State of Neb. Jud. Branch, (Aug. 2021) https://supremecourt.nebraska.gov/sites/default/files/AD-2-34.pdf; Divorce with Children – Process and Estimated Timeline, State of Neb. Jud. Branch, (Aug. 2021) https://supremecourt.nebraska.gov/sites/default/files/AD-2-33.pdf.
[5] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[6] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[7] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[8] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[9] Divorce with Children – Process and Estimated Timeline, supra note 4.
[10] Divorce with Children – Process and Estimated Timeline, supra note 4.
[11] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[12] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.
[13] Divorce without Children- Process and Estimated Timeline, supra note 4; Divorce with Children – Process and Estimated Timeline, supra note 4.