Deciding to end a marriage is never easy, but understanding the different options that you have can help simplify the process. If you are considering a divorce in Nebraska, you may be wondering whether a traditional divorce or an uncontested divorce is the best choice for your situation. Each path has its own benefits and drawbacks, so knowing the differences help you make the right decision for your family.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both parties can agree on all major issues of the divorce, such as property division, child custody, child support, and alimony. The divorce process in Nebraska for an uncontested divorce is typically easier because there are fewer disputes, and the couple works collaboratively to resolve any issues that do arise.
What Makes an Uncontested Divorce Different From a Divorce in Nebraska?
The main difference between an uncontested divorce and a traditional (or contested) divorce in Nebraska is how much the spouses agree on the terms of the divorce. A traditional divorce happens when spouses cannot agree on key issues. As a result, the court becomes involved, and a judge makes the final decisions. Contested divorces are usually more complicated, take longer, and cost more because of the extra legal work necessary to reach a final outcome.
Key Benefits of an Uncontested Divorce
Choosing an uncontested divorce in Nebraska comes with several benefits that make it an ideal option for couples who are willing and able to work together:
- Lower Costs: Without the need for lengthy court cases, an uncontested divorce is more affordable. Legal fees and court costs are significantly reduced, since both parties agree on the terms.
- Faster Process: With no drawn-out disputes or court hearings, uncontested divorces are finalized more quickly, allowing you to move forward with your life sooner.
- More Control: You and your spouse have control over the outcome. Instead of leaving decisions like property division and custody to a judge, you can craft an agreement that works for both of you.
- Less Stress: By working together, the process becomes less stressful. This is especially helpful when children are involved, as it minimizes conflict and emotional strain for everyone.
When a Traditional Divorce Might Be Necessary
While an uncontested divorce is often quicker and less stressful, there are situations where a traditional divorce in Nebraska may be unavoidable. Some examples of these situations include:
- Disagreements on Major Issues: When spouses cannot agree on key matters like child custody, visitation, property division, or spousal support, court intervention is necessary to make fair decisions.
- Complex Financial Situations: High-net-worth divorces or those involving complex financial assets (ex: businesses, properties, retirement accounts, or investments) often require legal assistance to make sure everything is divided fairly.
- Allegations of Misconduct: When there are accusations of abuse, domestic violence, or substance abuse, the court steps in to protect those involved, especially children.
- One Party Refuses to Cooperate: If one spouse is unwilling to engage in the process or delays it intentionally, a traditional divorce allows the court to enforce timelines and move the case forward.
- Need for Legal Protection: If there are concerns about hidden assets or financial dishonesty, a traditional divorce process can help make sure all financial details are disclosed and properly managed by the court.
What Are the Steps Involved in Filing an Uncontested Divorce in Nebraska?
Filing for an uncontested divorce in Nebraska is a more straightforward process, but it still requires careful attention to detail. If you decide to pursue one, here are some of the steps you’ll need to take:
1. Meet the Residency Requirements
To file for divorce in Nebraska, one spouse must have lived in the state for at least one year. However, there is an exception: if you were married in Nebraska, have been married for less than one year, and have lived in the state continuously since your marriage, you are still eligible to file for divorce. Once these residency requirements are met, you can proceed with the filing process.
2. Complete the Necessary Paperwork
The first step in any divorce is filing a Complaint for Dissolution of Marriage. This document outlines the terms of the divorce, such as the division of assets, child custody, and support. Along with the Complaint, you must also file:
- Vital Statistics Certificate – Required by Nebraska law, this form must be fully completed or marked “unknown” where information is unavailable.
- Confidential Employment and Health Insurance Information Form – Provides details on employment and health insurance status.
- Social Security Information Form – Documents social security numbers of both spouses.
Additionally, you will need to pay the filing fee when submitting these documents, unless you qualify for a fee waiver due to low income. If you cannot afford the fee, you may request the judge to waive it by filing the appropriate fee waiver forms.
3. File the Paperwork With the Court
After completing the forms, you’ll need to file them with the appropriate Nebraska court. There’s also a filing fee, which varies by county. If you’re facing financial difficulties, you may be able to ask for a fee waiver.
4. Serve Your Spouse
Even in an uncontested divorce, one spouse is required to serve the other with the divorce papers. However, because both parties agree on the divorce terms, this step is usually just a formality.
5. Prepare and Sign the Settlement Agreement
An important part of the uncontested divorce process is drafting a settlement agreement. This document details the division of assets, spousal support, and any arrangements related to children. Both spouses must sign the agreement so that all terms are mutually acceptable.
6. Attend a Court Hearing
In Nebraska, uncontested divorces require a short court appearance. Hearings for uncontested divorces are typically brief and straightforward, with the judge reviewing the agreement to ensure it is fair and legally sound.
7. Wait for the Final Divorce Decree
Once the court approves the settlement agreement, the judge will issue a final decree of divorce. This decree legally dissolves the marriage, and both parties must adhere to the terms outlined in the agreement.
How To Decide the Best Path Forward
Choosing between a traditional divorce and an uncontested divorce in Nebraska depends on your unique circumstances. If you and your spouse can work together and agree on the major aspects of your separation, an uncontested divorce may save you time, money, and stress. However, if there are unresolved issues, complicated financial situations, or concerns about misconduct, a traditional divorce might be the best route.
No matter which path you’re considering, it’s important to have experienced legal guidance. The divorce process can be overwhelming, and having the right support can make all the difference. Whether you need assistance with an uncontested divorce or a contested one, the divorce and family law attorneys at Nebraska Legal Group are here to help. Contact us today for guidance and support as you navigate your divorce.