Nebraska No Fault Divorce

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In states like Nebraska, a no fault case is granted only when an appropriate reason is reported by either of two divorcing parties. For example, a statement highlighting the irretrievably condition of the marriage is directly considered as the major reason to legally terminate the marital relationship. The divorcing couple which accedes to apply for a divorce is allowed to negotiate upon various issues of the divorce, for example, property settlement, child custody or support etc. The court generally conducts a brief and simple hearing during which an agreement between the divorcing partners is usually endorsed. The economical aspects of the divorce are not based on fault, but on the requirement of money, capacity to pay, and input of the divorcing partner to the family economy and likewise. The Nebraska no fault divorce is also comprised of specific rules and regulations on the basis of which the divorcing parties finally move out of their marital status after receiving legal permission from the court. Some of the useful tips before filing the Nebraska no fault divorce are:

Grounds of Nebraska No Fault Divorce

You and your spouse have to take an oath of affirmation regarding the following points:

  • Their marriage has been irretrievably broken
  • There is no possibility of reconciliation
The above two points are two main grounds that are directly considered while granting no fault case in this state.

Residency requirements for Nebraska No Fault Divorce

It is essential that residence of the state for at least a year should be acquired by wither of two divorcing spouses prior of filing action in the court. the case in the court. The legal papers can be filed in that county which is located in the same place where either of two divorcing spouses resides.

Legal procedure for Nebraska No Fault Divorce:

  • One divorcing partner files the petition for dissolution and serves the copy of the petition to the other divorcing partner who is known as the respondent.
  • The divorcing partner, who is served the copy, has the right to file a cross petition.
  • There is a waiting period of sixty days from the date of filing, and service of summons till the actual court hearing. This period can be extended if there is any hurdle in developing the agreement.
  • During the period in which the settlement agreement is being created, either of two divorcing is offered temporary court expenses, lawyer fees, alimony and child custody.
  • The divorcing spouses are asked to reach at a final written agreement based on property settlement that also comprise of following issues:
    • Custody and support of the minor children.
    • Fair distribution of debts between both the spouses.
    • Disposition of property owned by the divorcing partners like separate property should be handled by the concerned owner.
  • If an agreement is created by the divorcing partners, it is submitted in the court for approval. Consequently, a decree of dissolution is presented by the court.
  • If an agreement cannot be developed by the divorcing partners, the court handles the issues like child support, child custody, divorce property distribution and spousal support. A trial is held to discuss these issues, and during the session the divorcing partners may present proof in the court to endorse their position.
  • The decision of the Judge is included in the decree of dissolution.

Documents to be submitted to an attorney

If the divorcing partner hires a lawyer for a no fault case, then the spouse must keep at least the following documents ready in order to present it to the lawyer:

  • A complete set of insurance policies, debts, mortgages or other relevant factors of the economical status.
  • A complete roster of the property owned by the divorcing partners, separately and jointly, as well as the property owned by their children. This list must include information like the origin and value of the property.
  • If any children are affected by the divorce, then the following data regarding these children:
    • Full names
    • Location of birth
    • Social Security Numbers
    • Birth dates
    • Place of residence for the previous five years
    • Whom did the children reside with for the past five years
    • Any health problems of the children
    • Whether the children are under a doctor's care
  • Most recent pay stubs
  • Most recent income tax return

The divorcing parties need to follow definite set of rules and regulation as decided by the state laws and rights for providing legal end to the marriage. Therefore, even Nebraska no fault divorce process demands fulfillment of specific criteria such as, suitable divorce grounds and attaining residency of the state and likewise.

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