Some may assume that divorce from a spouse occurs in the same way in every state. However, this is not the case. All states, including Nebraska, have a unique process for getting a divorce. Slowiaczek Albers & Whelan can help discuss the residency requirements, property division, and estimated timeline for a divorce in Nebraska. We will also outline some key things to keep in mind if you are contemplating a divorce in Nebraska.
Is Nebraska a No-Fault Divorce State?
Nebraska is a no-fault divorce state. This means that you are not required to demonstrate that your spouse did anything wrong that led to the divorce. In other states, you may have to demonstrate what occurred that led to the breakdown of your marriage. However, there are still other requirements that must be met in order to file for divorce in Nebraska.
What Are The Residency Requirements?
If you are considering a divorce in Nebraska, the first thing you need to do is ensure that you meet the residency requirements. To file for divorce in Nebraska, one spouse must have been a resident of the state for at least one year.
Do You File a Petition With The Court?
Once the residency requirements are met, the next step is to file a petition for divorce with the court. The petitioner is the spouse who initiates the divorce by filing the necessary paperwork with the court. The respondent is the spouse who receives the paperwork from the petitioner. After the petition is filed, the respondent has 30 days to respond to the divorce petition.
What Are The Laws Regarding Property Division?
The next thing to consider is property division. Nebraska is an equitable distribution state, which means that property will be divided fairly between the two spouses, but not necessarily equally. The court will consider factors such as each spouse's income, earning potential, and contribution to the marriage when determining how to divide the property.
Will I File For an Uncontested or Contested Divorce?
If both parties agree on all terms of the divorce, they can file for an uncontested divorce. An uncontested divorce is when both individuals can reach an agreement on all issues related to the divorce, such as property division, child custody, and child support. If there are any contested issues, then the parties will need to go through mediation or trial in order to resolve those issues.
What Is The Expected Divorce Timeline?
Once you have met the residency requirements and decided how to divide your property, you can file for divorce in Nebraska. The divorce process in Nebraska depends on the complexity of the case. For example, if you have minor children, your divorce may take longer as there are additional issues that need to be addressed.
Furthermore, you have to consider whether the divorce is contested or uncontested. An uncontested divorce typically takes four to six months from start to finish. A contested divorce can take much longer, sometimes up to two years or more.
Do I Need An Attorney To File?
Technically, attorneys are not a requirement when filing for a divorce in Nebraska. However, as you can see, there are many unique components to divorce in the state that can be easily forgotten or looked over. An experienced attorney, such as the team at Slowiaczek Albers & Whelan, can ensure that you follow the state-specific guidelines, avoiding any potential mistakes in your process.
Reach us today at (402) 928-2007 to schedule an appointment!