Nebraska Divorce Steps

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A divorce is a legal termination of the union of marriage. It is regarded as a final solution to the unending conflicts between spouses. As divorce is to be carried out legally, there are many rules and regulations that supervise a divorce. Residency requirement is one such condition that is to be fulfilled by every petitioner who wishes to file for a divorce. In Nebraska, this requirement is of one year which means either party should be a resident of state for a year before filing a divorce. After this, other steps of divorce follow such as:

Initialization of Nebraska Divorce Steps

• The first document that is filed during the divorce steps is the Complaint for Dissolution of Marriage. This document is filed with the court clerk of the District Court in the county in which one of the divorcing partner resides
• By means of this document, the Petitioner requests either a District Court Judge or a County Court Judge to hear the particular case
• Along with the Complaint, the Petitioner must file the following documents:
  • Social Security Number / Gender / DOB form
  • Confidential Party Information form
  • Vital Statistics Certificate
• The court clerk demands a District Court filing fee to the Petitioner(till July 2009 this was 155 USD)
• The court clerk allocates a unique case number to the case and assigns the case randomly to the Judge
• The court clerk prepares a Summons and gives it to the Petitioner
• The Petitioner requests the Sheriff to serve a copy of the Complaint and the Summons to the Respondent
• If the Respondent files or signs a document titled "Voluntary Appearance", then the Respondent can avoid the Sheriff service
• In the absence of both, the Voluntary Appearance and Sheriff's service, the Petitioner can resort to Service by Publication
• The method of Service by Certified Mail (with a green postcard receipt) is not regarded as a good service

From the date on which the Sheriff serves the Respondent or the date on which the Respondent signs the Voluntary Appearance, there is a waiting period of 60 days. Only after completion of this period, the Judge may sign the Final Divorce Decree. In any condition, the waiting period cannot be waived or accelerated. The waiting period is given for the purpose of making a last attempt of reconciliation of the partners.

Nebraska Divorce Steps regarding Property Division

• Usually, the property that a partner brings into marriage or is gifted to him or her or is inherited by this partner is not considered for division as far as the following conditions are fulfilled
  • The property has been retained separate and apart from the other partner
  • The partner (owner of property) has not made any considerable or material contributions to retain or enhance the value of such property

  When the above conditions are satisfied, the property is retained by its owner and not shared. However, there are exceptions to this rule When the divorcing partners cannot reach a consensus regarding property division amongst themselves, the judge decides the outcome of this issue

• It must be kept in mind that it is least disappointing and least exorbitant for the divorcing partners to settle the issue of property division amongst themselves as there are many complexities in the conflicts regarding property.
• If the divorcing partners reach an agreement, it is represented in the form of a written document that is called as Property Settlement Agreement
• During the Final Hearing, the Judge inspects this written document. The Judge confirms that it is reasonable, fair and not unconscionable. If the Judge forms an opinion that the Agreement is as per desired standards (3 attributes mentioned above), then the Judge approves it in the Divorce Decree

Nebraska divorce steps related to child custody

Child custody is a prominent issue in a divorce procedure. In Nebraska, the child custody is awarded according to the situation that suits the child in a best possible manner. The relationship of each parent with the child, age and health of the children, financial conditions of both spouses are taken into consideration while making a decision about a child custody. It is advisable to solve the issue of custody outside the court by mutual discussion. The contested issue can have harmful effects on the psychology of the child.

These are some of the highlights of Nebraska divorce steps. The specifications of each case will decide its procedure. The steps can act as a guidelines only.

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