Getting divorced is never easy, but it can be particularly difficult if your partner is determined to be spiteful, contentious, and unwilling to compromise. Even so, you are not legally required to have their permission to get divorced. Nebraska is a no-fault divorce state, which means you are not required to prove that either you or your spouse caused the breakdown of the marriage. You can simply file for divorce and start the process with the help of a Lincoln divorce lawyer.

It’s important to keep in mind that every divorce case is different. Some people are able to work out an amicable solution with their spouse by sitting down and talking things out like reasonable individuals. Others are not so lucky. Filing for divorce can be seen as the ultimate betrayal or a total loss of control by your spouse. They may seek to make things very difficult for you by drawing things out, lying, or hiding assets from you. This is known as a contested divorce.

Getting a No-Fault Divorce in Nebraska

Moving forward with a no-fault divorce in Nebraska has its benefits as well as its drawbacks. The contributing factors of your divorce are going to be wholly unique to your situation. After all, everyone has their personal breaking point when it comes to the values and boundaries of their marriage. If your spouse crosses that line, there may be no going back for anyone. Don’t let anyone try to convince you that your reasons for filing are worth less than theirs.

Under the state’s no-fault divorce laws, you don’t have to prove that there is a reason for the end of your marriage. You can simply file for divorce by stating the marriage is irretrievably broken, which is also largely known as irreconcilable differences. The court will look into the current circumstances of the marriage to determine whether the marriage is truly, irretrievably broken. Where you go from there is up to the court, your spouse’s cooperation, and your lawyer.

The ultimate intent of a no-fault divorce is to avoid litigation. Few things draw out a divorce quite like a lengthy court battle. By filing for a no-fault divorce, you may be trying to avoid such a legal entanglement altogether, and that’s understandable. As you move through your divorce, certain factors like infidelity or abuse may influence asset division or spousal support. It’s important to keep everything documented as you navigate the process. Your lawyer can help.

Information collected by World Population Review states that Nebraska has one of the highest marriage rates in the entire country, at almost 52%. At the same time, the CDC lists Nebraska as having one of the lowest divorce rates in the country, at 2.6 per 1,000 residents.

Going through a divorce can be a difficult situation for anyone to endure. You may want to consider speaking with a local support group, like a chapter of DivorceCare. They can help you start to move forward.

The Divorce Process in Nebraska

While moving forward with a no-fault divorce can be easier than certain alternatives, it still has the potential to be a lengthy, complicated process. This is especially true if you don’t have legal representation to help you through this. You may want to consider reaching out to an experienced divorce lawyer who can help you navigate the process. You don’t want to miss a vital step.

Here are some of the main steps in the no-fault divorce process in Nebraska:

  • The process starts by ensuring you meet the residency requirements of the state. One spouse must have lived in the state for at least a year before filing for divorce. From there, one of the spouses will need to file a Complaint for Dissolution of Marriage with the clerk of the county in which they reside. Be sure to file a Vital Statistics Certificate of Dissolution of Marriage as well. Your lawyer can make sure you file the right paperwork.
  • Once the paperwork is filed, your spouse will be served. You can notify your spouse yourself, or you can have them summoned by the court. If you are pursuing a no-fault divorce, it’s likely your spouse is already aware of your intent to file. After they have been served, you must wait 60 days before your hearing, where a judge will determine your marriage’s breakdown and grant the divorce.

FAQs

Q: How Are Assets Divided in a Nebraska Divorce?

A: Assets are divided in a Nebraska divorce by following the equitable distribution model. This model makes sure each spouse receives as fair a split as possible when it comes to dividing the marital assets. Fair may not always mean equal. The court must look through each spouse’s contributions to the marriage, their current financial situation, and more to determine what a fair split actually looks like.

Q: Do I Need My Spouse’s Consent to Get Divorced?

A: No, you are not required to obtain your spouse’s consent to get divorced in Nebraska. If you feel like you no longer want to be married to your spouse, you are more than welcome to pursue a divorce on your own terms. Since Nebraska is a no-fault divorce state, you only have to prove that your marriage is irretrievably broken, which may not be difficult.

Q: Do I Need a Divorce Lawyer?

A: Technically, you are not legally required to hire a lawyer for your divorce. However, having a good lawyer by your side can make all the difference, especially if you don’t know what to expect from the divorce process. Having someone in your corner who understands how the law works and can offer you solid assistance can only help you in the long run.

Q: How Long Does It Take to Finalize a Divorce?

A: There is no telling how long your divorce will take to finalize. Every divorce case is different. Depending on certain complications, your spouse’s unwillingness to compromise, and whether there are custody arrangements to consider, your divorce could end up taking longer than you expected. Some divorces take years to finalize due to contention and other complications.

Contact Us Today

At Stange Law Firm, we can help you prepare for a no-fault divorce. Contact us to speak to someone who can help you.