Nebraska’s divorce rate is 10.2%, one of the lowest divorce rates in the country.
Still, divorces do happen. And if you are gearing up to go through the divorce process in Nebraska, you need to understand your rights.
Part of that is knowing the difference between contested vs uncontested divorce. Learn more about these terms and Nebraska’s divorce laws below.
Nebraska Divorce Laws
In Nebraska, divorce is legally known as dissolution of marriage. Here are the most important things you need to know before filing for divorce in the Cornhusker State.
Who Can File for Divorce in Nebraska?
Anyone who has lived in the state for at least one year can file for divorce in Nebraska. The one exception to the residency requirement is when you were married in Nebraska, have been married less than one (1) year, and have lived in Nebraska the entire time since your marriage commenced.
If you do not meet one of these requirements, you still have options. Nebraska allows couples to file for legal separation even if they married outside of Nebraska and have not resided in the state for at least one year.
Do You Need a Reason to File for Divorce in Nebraska?
No, you do not need a reason to file for divorce in Nebraska. Nebraska is one of 17 pure no-fault divorce states that do not allow at-fault divorces. The only legal grounds needed for divorce are that the marriage is irretrievably broken.
Other states grant couples the option to file for an at-fault divorce. If a couple chooses to go this route, the spouse that is not at fault for the divorce may receive larger alimony payments or property distributions.
How Much Does It Cost to File for Divorce in Nebraska?
The cost of a divorce depends on many factors, including whether it is contested or uncontested and whether you hire a lawyer or represent yourself.
Uncontested divorces are much less costly than contested divorces. This is true whether or not you hire a divorce attorney for your uncontested divorce.
However, hiring a divorce lawyer will cost more than representing yourself. In Nebraska, the average attorney charges $150 to $350 per hour.
Do You Need a Divorce Lawyer to File for Divorce in Nebraska?
No, you do not technically need a lawyer to file for divorce in Nebraska. Pro se representation is legal, meaning you can represent yourself in your divorce.
Even so, you must be familiar with state divorce laws. If you are not, you may not fully understand your rights and options during divorce proceedings.
Many couples choose to work with other types of legal professionals during uncontested divorces. For example, a mediator may be a more affordable alternative to help the parties get their agreements prepared prior to filing the divorce action through the Courts.
How Do You File a Divorce Case in Nebraska?
The first step to filing for divorce in Nebraska is to submit a complaint for dissolution. There are generally two types of complaints: one for couples without children and another for couples with children.
Other documents you need to begin the divorce process include a vital statistics certificate, confidential party information, and the filing fee.
Contested vs Uncontested Divorce
Generally speaking, the ability of the parties to agree on the terms of their divorce determine whether action will be contested or uncontested. Therefore, what is the distinction between a contested divorce and uncontested divorce?
When spouses can’t agree on the terms of their marriage dissolution, this generally characterized as a contested divorce. This is true whether the spouses have one disputed issue or many. You and your spouse must litigate the unresolved issues, which could require you to go to court, and a judge will decide the terms of your divorce for you.
An uncontested divorce simply means both spouses agree on all terms necessary to dissolve the marriage. This includes how you will divide your assets and liabilities accrued during the marriage. Also, if alimony is appropriate, the parties have agreed on who will pay as well as the amount and duration of the payments. If children are involved, it also means the parties agree on custody (legal and physical), parenting time, parenting responsibilities, and have agreed on the payment of child support. This list is not exhaustive by any stretch, but just to give you an idea of some of the issues the parties will need to discuss as part of their overall agreement.
If the spouses are able to amicably come to these agreements, an uncontested divorce is almost always the better route. However, many times complete agreement on all the issues related to a divorce are not possible, which requires the parties to litigate these issues through the divorce process.
What are the differences between a contested divorce vs an uncontested divorce? Find out below.
An Uncontested Divorce Is Faster
Contested divorces can drag on for months, if not years. One of the biggest benefits of an uncontested divorce is a speedier timeline. You and your spouse could finalize your divorce in only a few months.
A Contested Divorce May Be a Necessity Based On Your Child’s Best Interest
Is your spouse trying to restrict your rights to visit your children? If so, agreeing on custody of your children may not be possible and may require litigation through the courts. The judge will determine the custody agreement based on your child’s best interest, which may or may not be in your favor.
An Uncontested Divorce Is More Affordable
The less you have to argue about with your spouse, the faster your case can be completed. Less conflict also means the process will be more affordable when attorneys are involved.
While it is possible to represent yourself in a divorce action, it is still recommended that you seek legal representation regardless of whether your case is contested or uncontested. That way, you understand your rights, understand the process, and hopefully, are able to obtain a more favorable result.
Contesting Issues in your Divorce May Help You Receive the Assets You Deserve
Nebraska is a Common Law state, meaning marital property is divided equitably (fairly) between spouses when they get a divorce. This law may be straightforward, but defining “marital property” or what is “equitable” can get tricky.
For example, say your spouse brought an asset into the marriage; however, the asset increased in value throughout the duration of your marriage. In this case, the property’s increased value may be a marital asset even if the property itself was owned prior to the marriage.
Having an attorney by your side can help you get the most out of marital property division. An attorney can also help if you suspect your spouse is hiding assets.
Need a Divorce Lawyer/Attorney in Omaha, NE?
Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
