Executive Summary
Getting a divorce in Nebraska involves several required steps, from meeting residency rules to filing the Complaint for Dissolution, serving your spouse, attending hearings, and waiting for the final decree. While Nebraska allows people to represent themselves in simple uncontested cases, the process can still feel overwhelming, especially when children, property, or disagreements are involved. Many individuals in Omaha and Lincoln choose to work with an experienced Nebraska divorce attorney to avoid errors, protect their rights, and move through the process more efficiently. This guide explains each step of a Nebraska divorce and highlights how legal support can make the experience smoother and less stressful.
Understanding the Nebraska Divorce Process
The process to get a divorce in Nebraska is very similar to other states. However, there are a few steps and caveats that are unique to the state of Nebraska. Although the courts allow you to represent yourself in uncontested divorce cases with no children, seeing the steps that it takes to get a divorce in Nebraska makes it easy to see why hiring a divorce and family lawyer can be a better choice.
Step 1: Make Sure You Meet Nebraska Residency Requirements.
- Before you can file for divorce in Nebraska, at least one spouse must have lived in the state for 12 months before filing the Complaint for Dissolution.
- If you married in Nebraska, moved away, and then returned, you must still live in the state for 12 months before filing.
- The only exception applies if you married in Nebraska, continue living in the state, and divorce within the first 12 months of marriage.
If you are not sure whether you meet the residency rules, talk with a divorce lawyer in Omaha or Lincoln who can review your situation.
Step 2: Find an Experienced Divorce Attorney.
People often say, “Only a fool has himself for a client.” Even in cases where you could represent yourself, having an attorney is wise. You should always have a legal professional in your corner when children, real estate, retirement accounts, or other assets are involved.
A Nebraska divorce attorney can:
• Prepare your paperwork correctly
• Protect your interests during negotiations
• Help you understand what to expect in Omaha or Lincoln courts
• Prevent costly errors that delay your case
Quick Tip: How Much Does a Nebraska Divorce Attorney Cost?
Step 3: File a Complaint for Dissolution.
A Nebraska divorce officially begins when you file a Complaint for Dissolution of Marriage. Along with this complaint, you must also file the following:
- Vital Statistics Certificate
- Confidential Social Security and Birthdate Form
If you hire an attorney, they will prepare and file these forms for you. Any errors can slow down your case, so accuracy is important.
Step 4: Serve Your Spouse with Notice.
Nebraska law requires you to notify your spouse that you have filed for divorce. This happens either through service by the sheriff or by having your spouse sign a voluntary appearance. Once served, your spouse has 30 days to respond.
- They can sign the forms to show consent.
- They can contest the divorce.
- If they do not respond, you must still wait at least 60 days before your first hearing.
Quick Tip: How to begin a Nebraska Divorce Proceeding
Step 5: Request a Hearing or Trial.
If the divorce is uncontested, you will schedule a hearing for the judge to review your agreement.
If the divorce is contested, you will schedule a trial. You must notify your spouse of the hearing or trial date. Each Nebraska district, including those serving Omaha and Lincoln, may have specific notice requirements.
Step 6: Go to Court.
Most uncontested divorces in Nebraska can be completed in one hearing. The judge reviews the documents and ensures the terms are fair. Contested divorces work differently.
- If only a few issues are disputed and no children are involved, your case may still finish in one appearance.
- If children or major disagreements exist, expect multiple court visits.
- Complex cases can take months or longer.
Working with a Nebraska divorce attorney helps limit unnecessary hearings and keeps the case moving.
Quick Tip: How is Child Support Determined in Nebraska?
Step 7: Wait 30 Days After the Judge Signs Your Decree.
Once the judge signs the divorce decree, it becomes final except for appeal.
- Either party has 30 days to appeal the decision.
- You cannot remarry anywhere in the world for six months after the divorce is finalized.
Quick Tip: How Soon Can You Get Married After a Divorce?
What a Divorce and Family Lawyer Can Do for You
The divorce process in Nebraska is not always straightforward. An experienced Nebraska divorce and family lawyer helps you understand your rights, avoid delays, and work through each step with less confusion. Even if you think you can handle the paperwork yourself, having someone experienced manage the details can make the process smoother and less stressful.
Our Omaha and Lincoln divorce attorneys can:
- Answer your questions about Nebraska divorce procedures
- Explain how local courts handle custody, support, and property issues
- Help you move through the process in a clear and organized way
If you’re concerned about your divorce rights, submit a free case evaluation or give us a call at 402.509.7033.
Meagan Spomer
Managing Attorney at Nebraska Legal Group
Meagan is the Managing Attorney for Nebraska Legal Group in Omaha with over a decade of experience in domestic relations law. Known as an empathetic yet pragmatic advocate, she helps clients reach sensible agreements that protect their families during difficult times. She is also a fellow of the American Academy of Matrimonial Lawyers and an active leader within the Nebraska State Bar Association.
Education: University of Nebraska College of Law
Years of Experience: 10+ years of high-level divorce experience