Although a sometimes difficult subject, a partner in a marriage looking to get a divorce needs to know what the process of getting a divorce in Nebraska entails.
There are several requirements for getting a divorce, the first is at least one of the parties must reside in Nebraska for at least one year prior to filing for divorce. A divorce is started by filing a complaint that complies with these statutes of the State of Nebraska. There is also a filing fee required. After the complaint has been filed the other party or spouse needs to be served. This can be done by them signing and filing a voluntary appearance or having the sheriff serve them with the summons and a copy of the complaint. After being served, they have 30 days to answer the complaint.
Divorce involves the division of assets and debts of the party and possibly alimony. If there’s retirement accounts involved that need to be divided, a qualified domestic relations order is often necessary to divide those to avoid tax implications. If children are involved custody issues, need to be worked out.
There are two types of custody, legal custody, and physical custody. Legal custody involves the decision-making regarding the children. Physical custody pertains to where the children will reside. Either of these custody issues can be made jointly or solely. Child support is awarded in accordance with guidelines that take into account the income of the parties and the number of children. A written parenting plan is prepared and submitted to the court regarding the children.
A court hearing or a trial will be necessary to obtain the divorce. If there is an agreement reached, a written settlement agreement can be signed and submitted to the court.
If an agreement is not reached on all of the issues, a trial is held, testimony is heard, and the issues are decided by the judge. A decree is then entered that complies with Nebraska statutes. After the degree is entered, neither party can remarry for six months.
If you have questions regarding your divorce or if you wish me to represent you, please call me at 402. 423-4300