Divorce in Nebraska

Isn't it too bad that we can't have common law divorce just like common law marriage?  If you don't live with them for six months, you are divorced!  Well, fortunately or unfortunately, Nebraska doesn't have either, common law marriage or common law divorce.  So, you are probably reading this page because you are legally married.  Married to the love of your life, or so you thought.  Now, after agonizing over the marriage... Can we make this work?  Maybe we can just stay together for the kids?  Even if they are seeing someone else?  I can overlook the bad because I can't support myself?  Whatever your issues, you have decided to investigate the possibility of divorce.

Nebraska is a no fault state.  What that means to you is that you don't have to tell how the other person has wronged you in order to justify the divorce.  You just have to state that you are legally married, you have attempted to fix your marriage, and you believe your marriage is not fixable.

What happens if the other party doesn't want a divorce?  Too bad.  One spouse cannot force the other to stay married. If they threaten you, there are actions that can and should be taken to protect you physically, emotionally, and financially.

I want a divorce, I just don't know where to start...  There are lots of resources available to help you.  Please see our page for Public Resources.  Susan Ann Koenig a long time Nebraska family lawyer has published a very helpful book, Divorce in Nebraska.  Susan's book is available online at Amazon.com or through her website at www.nebraskadivorce.com

So, now you have decided to gather information so you can be better prepared when your spouse files for a divorce or so that you can file.  Your initial thoughts may be... I'm not going to file.  If they want a divorce, they can file!  Maybe you want to file, so they understand in no uncertain terms where you stand.  Maybe you haven't seen them in months or years and it is time to move on.  Whatever the case, what do you need to do to get started?

Getting started.  Initially I recommend contacting a lawyer for an initial consultation.  It is very important when selecting a lawyer, to find someone that you like.  Someone that you feel will be an advocate for you.  Someone that will fight for your rights, preserve your assets, ensure the safety of you and your children, ensure that you get your share of the marital assets.  So, contact a lawyer.  Set up an initial consultation.  Ask about fees.  Ask about the process.  Ask about how long it takes.

Do I need to have any documents when I talk to the lawyer the first time?  Not necessarily.  However, the lawyer will ask you lots of questions and if you have gathered the information, you will be in a better position to respond as well as preserve the information if your spouse decides to keep you out of the marital residence.  What kinds of things will you need?  Some of the documents that will be helpful may include...

	Tax returns
	Pay stubs
	Mortgage statements
	Account numbers
	Bank statements
	Statements of 401k, investment accounts, credit cards, and other assets and liabilities
	List of property in the marital home (2 sofas, 6 end tables, fine china for 12, etc...)

If I want to file for a divorce, what will it cost?  The filing fee for a divorce increased on January 1, 2008 to $154.00.  In addition to the filing fee, you may have attorney's fees and service of process fees.  The attorneys fees can range from $500 upwards depending on whether there are minor children involved, property, and whether or not there is an agreement between the parties as to all of the issues.  You should ask your attorney how much their fee is and whether it is fixed or hourly.  Most attorneys will charge a minimum retainer that is paid up front in advance.  When the attorney begins work on the case, the attorney will keep track of the amount of time spent and charge that time against the retainer.  You may be asked to keep a minimum retainer on file with the attorney's office.  Some attorneys will charge one rate for in court time and another rate for out of court time.  Similarly different rates for attorney time, paralegal time, and administrative time.  Hopefully your attorney will have a Retainer Agreement that answers these questions.

Initial Issues.  Once you have retained an attorney, there are some initial issues that must be addressed.  You will meet with your attorney and provide at a minimum the following information:

	Parties full names
	Date and Place of birth of the parties
	Social security number
	Address of the parties
	Date and Place of Marriage
	Name and date of birth for any children born during the marriage

Temporary Order.  Upon filing for divorce, your attorney may also request the court to enter a temporary order.  A temporary order may address any of the following issues:

	Child Custody - asks the court to define who has custody of the children during the pendency of the action.
	Child Visitation - asks the court to define how often and for how long your spouse can have parenting time with the children until the divorce is final.
	Temporary Child Support - asks the court to define the amount of child support you will receive/pay until the divorce is final.
	Temporary Day Case Expenses - asks the court to allocate the cost of day care between the parties for work or school related care.
	Temporary Alimony - asks the court to determine how much alimony you will receive/pay until the divorce is final.  Alimony is generally reserved for marriages lasting ten years or more.
	Temporary Attorney Fees - asks the court to order your spouse to pay your attorney fees to prosecute this action.  This often happens because of a large disparity in income between the parties.
	Restraining Order - preventing your spouse from entering the marital home or disposing of marital assets.

There are many other issues that may be addressed in Temporary Orders.  Maybe you want a temporary order so you can get part of the furnishings out of the marital home to establish your new household.

Discovery.  Once the divorce has been filed, the process begins to determine the extent of the marital estate.  The attorneys will request information to determine the assets, liabilities, and earnings of the parties through a process of discovery.  You will probably be asked to respond to Requests for Production of Documents, Interrogatories, and maybe even a Deposition.  A Deposition is an interview process where the parties, their attorneys, and a court reporter is present where you are asked questions that are recorded.  The attorney is attempting to uncover information that may be helpful at trial. 

Children.  If there are children involved, the parties may be required to attend a class to discuss the best interests of the children.  Your attorney can advise you if your county requires the class.  If you must attend class, you may also be required to attempt to mediate a parenting plan.  The class in Douglas County is coordinated by Conciliation and Mediation Services.  You can find information on their website to register for the class as well as a sample parenting plan.

Amicable Resolution.  If the parties can come to an agreement on division of assets and liabilities as well as the issues surrounding the children, then the process can be streamlined and potentially the attorneys expenses reduced.  If the parties reach an agreement, the process becomes a 'prove up.'  A prove-up is where one of the parties goes to court and tells the court what the agreement is between the parties.  Usually a Stipulated Divorce Decree is signed in advance by the parties and their attorneys.  This process can take less than fifteen minutes on the witness stand in the courtroom.  When you leave the courtroom, you are divorced!

Trial.  If you can't resolve all of the issues by agreement, then the parties will go to court to allow the judge to decide disputed issues.  Once the attorneys believe that they have sufficient information to allocate the assets and liabilities between the parties and have a parenting plan, then your case will be certified as ready for trial.  Once that happens, it may still be months before you can go before a judge.

When can I get married again?  I am shocked that you even asked!  OK, maybe not.  In the state of Nebraska, you cannot get married for 6 months following the date your divorce decree is signed.  Take it slow.  Consider a prenuptial agreement.

The information provided above is provided to attempt to give you some very basic information on divorce in Nebraska.  You may contact our office to set up an initial consultation.  This is not an attempt to solicit legal services nor does it constitute legal advice.  I am not your attorney and you are not my client unless and until we have a written retainer agreement.

DISCLAIMER