Uncontested Divorce in Nebraska

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Divorce is a disturbing phase in anyone's life. For some people this decision may be truly painful while for others it brings a new meaning to life. Different people treat this issue in different ways. Opinions may vary; but it is true that parting ways is a complicated affair which may give rise to many problems. So couples must try to reduce the burden as much as possible. This can be done by opting for uncontested divorce. This type has become popular in many nations including USA. Nebraska in the US has provisions for such ways of ending the relationship. The state laws define procedures that are to be followed by spouses wanting to part ways in uncontested ways.

To know about the ways of ending a relationship process in Nebraska, one must start learning about the basic laws and requirements.

Residency Requirements

If any spouse wants to file for a case in this state, they must check the below-mentioned requirements:

  • One of the partners must be a resident of Nebraska, at least for a period of one year.
  • Both of them should have been married in this state and
  • One partner has been a resident of the state since the date of marriage.

Venue for filing the divorce

The case is filed in the District court of the county, where any one of the partners resides.

Divorce Grounds

Separating partners can drift apart on the basis of irretrievable breakdown of marriage. This is a No-fault divorce. Other general grounds include mental incapacity on the part of any spouse. This can result from drug or alcohol use.

Two most crucial issues in a proceeding are property distribution and presence of children. Depending on the presence or absence of these two issues, the forms which must be filed by the divorcing parties vary. It has been observed that it is very difficult for the divorcing partners to reach a consensus regarding the property distribution. Also, the divorcing partners wish that their children must not be adversely impacted by their separation. Even in an uncontested divorce, spouses may face such problems. During this time, the couple must try to consult a lawyer or mediator who will look into the matter and provide justified solution. This is true for spouses wiling for a hassle free ending of their relationship in the state of Nebraska also.

Some important forms related to these two issues are mentioned here.

Forms related to Uncontested Divorce in Nebraska when no property disputes or children exist

If there are no disputes regarding property and no children involved in the divorce, some important documents must be filed by the Petitioner:

  • (DC 6:4 (6)) Decree of Dissolution - No children: In this form, the terms and conditions of the dissolution are mentioned. Thirty days after the decree is filed, it becomes operative.
  • (DC 6:4 (5)) Notice of Hearing: This form is used to inform the Respondent regarding the hearing date.
  • (DC 6:4(4)) Praecipe for Summons: This document is used to instruct the court clerk to issue a copy of the Complaint and the Summons to the Respondent.
  • (DC 6:4(3)) Voluntary Appearance: This form recognizes the Respondent's receipt of the Complaint and maintains a record of the appearance of the Respondent in the case.
  • (DC 6:5(11) through DC 6:5(12a)) Confidential Party and Social Security, Gender, Birth Dates: This document is used for identification of the parties related to the action.
  • (DC 6:4(1)) Complaint for Dissolution of Marriage without children: This form has 3 aspects:
    • It identifies the divorcing parties.
    • It indicates the facts of the marriage.
    • It asks for relief.

Forms related to Uncontested Divorce in Nebraska involving children when no property disputes exist

If the dissolution involves children, but there are no issues regarding property or visitation then the Petitioner has to file the below mentioned forms:

  • (DC 6:5(3)) Decree of Dissolution with children
  • (DC 6:4(5)) Notice of Hearing
  • (DC 6:4(4)) Praecipe for Summons
  • (DC 6:4(3)) Voluntary Appearance
  • (DC 6:5(11) through DC 6:5(12a)) Confidential Party and Social Security, Gender, Birth Dates
  • (DC 6:5(1)) A Complaint for Dissolution of Marriage with Children

Additionally, the Petitioner must file the below mentioned forms:

  • (DC 6:5(14)) A Parenting Plan, Absent Parent, Petitioner's Use, or
  • (DC 6:5(13)) A Parenting Plan, Absent Parent, Court Use, or
  • (DC 6:5(6)) A Parenting Plan, Parent-created
  • (DC 6:5(2)) A Financial Affidavit for Child Support
  • (DC 6:5(5)) A Certificate of Completion of Parenting Education Classes: This form must be filed by the parents.

Some other aspects of Uncontested Divorce in Nebraska are:

  • After the service of the petition, there is a 60-day waiting period, after which a hearing can be scheduled.
  • After the Decree is handed over, there is a 6-month waiting period, after which either separated partner may remarry. However, if one of the divorcing partners dies, the other partner who is alive can remarry immediately.
  • Joint petitions are permitted in this state. In such a case, the divorcing partners are referred to as co-petitioners.

Besides the above-mentioned points, you may need additional information relevant in your case. It is better to discuss the case with a trusted attorney or go for divorce packages provided by many companies on the Internet.

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