How to File for Divorce in Nebraska

At least one spouse must have actually lived in Nebraska, intending to make it a permanent home, for at least one year before filing. The one-year rule does not apply if the couple married in Nebraska and either spouse has lived in Nebraska from the marriage until filing. Service members continuously stationed at a Nebraska base for one year are treated as residents.

The district court fee schedule lists a total of $200.00 to file a dissolution of marriage case (including a $50 mediation fee and a $25 child abuse prevention fee). People with very low income can ask the judge to waive the fee using the court's "Request to Proceed Without Payment of Court Fees" (in forma pauperis) forms.

After 60 days from service, the court may enter a decree without a hearing if both spouses waive the hearing, both certify in writing that the marriage is irretrievably broken and that they tried to reconcile, all required documents are filed, and they have a signed, sworn written agreement resolving all issues. The courts publish "simple divorce" self-help forms for couples with no minor children, no real estate or ongoing business, no pensions or retirement plans, no alimony request, and undisputed property division.

A divorce case cannot be heard or tried until 60 days after the other spouse is served (or files a voluntary appearance). According to the court's self-help page, the decree is not final for 30 days after the judge signs and files it, and neither spouse may remarry until six months and one day after the decree is signed and filed.

The Nebraska Judicial Branch's self-help pages give free forms with instructions for a simple divorce with children and a simple divorce with no children. For a divorce with children the forms include the Complaint for Dissolution of Marriage (DC 6:5.1), Voluntary Appearance (DC 6:4.3), Praecipe for Summons (DC 6:4.4), Answer and Counterclaim for Dissolution of Marriage (DC 10:1), Certificate of Completion of Parenting Education Course (DC 6:5.5), Notice of Hearing (DC 6:4.5), Financial Affidavit for Child Support (DC 6:5.2), Decree of Dissolution of Marriage (DC 6:5.3) and three parenting plan forms (DC 6:5.37, 6:5.38, 6:5.39), plus the Vital Statistics Certificate, Request to Proceed Without Payment of Court Fees, and Confidential Employment and Health Insurance Information. Forms are filed with the clerk of the district court. The page also points to Legal Aid of Nebraska's free automated question-and-answer Family Law Self-Help Forms.