The Cost of Love: How Much Is A Divorce In Nebraska?

Divorce is a complicated and emotional process that can have a significant impact on both parties involved, as well as their families and finances. And while the decision to end a marriage may be difficult, navigating the legal process of divorce can be equally challenging. As one of the most common legal matters in Nebraska, it’s natural for those considering divorce to have questions about the cost and overall process. So, how much is a divorce in Nebraska? In this article, we will delve into the intricacies of divorce in the Cornhusker State, providing an insightful overview of the key factors that determine its cost and what you can expect moving forward.

Overview of Divorce Laws in Nebraska

Nebraska is a state located in the Midwestern region of the United States and is known for its wide-open spaces and rolling hills. Unfortunately, it is also a state where many marriages end in divorce. According to the Nebraska Department of Health and Human Services, there were over 8,000 divorce decrees issued in the state in 2019. This equates to a divorce rate of approximately 3.6 per 1,000 people.

If you are considering filing for divorce in Nebraska, it is important to understand the laws surrounding the process. Every state has different laws and procedures for divorce and Nebraska is no exception. This overview will provide you with an understanding of the basics of divorce laws in Nebraska.

Dissolution vs. Divorce

In Nebraska, the legal process of ending a marriage is called “dissolution of marriage.” This terminology should not be confused with “divorce,” as they have similar but distinct meanings. Dissolution refers to the formal end of a marriage while divorce refers to the actual act of separating from your spouse.

The main difference between dissolution and divorce lies in how assets and debts are divided between spouses. In dissolution cases, assets are divided equally between both parties while in divorce cases they may be divided based on each spouse’s contributions during the marriage.

In both cases, you must meet certain qualifications to file for either dissolution or divorce. These include being married for at least one year and being a resident of Nebraska for at least one year prior to filing.

Grounds for Divorce

Nebraska has both fault-based and no-fault grounds for divorce. In order to file for a no-fault divorce, both parties must agree that their marriage cannot be reconciled and that it should be dissolved.

For fault-based divorces, one party must provide evidence that the other party has committed a wrongdoing such as adultery, abandonment, or cruelty. The burden of proof falls on the party making these claims and it can often lead to a more contentious and lengthy divorce process.

Residency Requirements

As mentioned previously, in order to file for divorce or dissolution in Nebraska, at least one party must be a resident of the state for at least one year. In most cases, this means that one spouse has been living in Nebraska for that period of time while the other may still be residing in a different state.

If this is the case, the spouse who has lived in Nebraska for at least one year must file for divorce. However, if both parties have been living outside of Nebraska but were married in the state, either party is eligible to file as long as they have resided in Nebraska within the past 12 months.

The Role of Mediation

In many divorce cases, mediation is required by law before going to trial. Mediation is a process where both parties meet with a neutral third-party mediator to attempt to come to an agreement on issues such as child custody, division of assets and debts, and spousal support.

The goal of mediation is to reach a mutually acceptable settlement without having to go to court. It can also help reduce tension and animosity between parties as it gives them control over the decision-making process rather than leaving it up to a judge.

Division of Assets and Debts

Nebraska is an equitable distribution state which means that marital property is divided fairly but not necessarily equally between spouses. This includes all assets and debts acquired during the marriage regardless of whose name they are under.

Factors that may affect how assets are divided include each spouse’s contributions during the marriage (financial or otherwise), their future earning potential, and any misconduct (such as adultery) that may have led to the divorce.

Child Custody and Support

When it comes to child custody, Nebraska courts prioritize the best interests of the child. This means considering factors such as the child’s relationship with each parent, their physical and emotional well-being, and their wishes (if they are old enough to express them).

In terms of child support, Nebraska follows specific guidelines based on each parent’s income and the number of children involved. These guidelines factor in things such as basic necessities, insurance costs, and any additional expenses related to the child’s well-being.

Divorce is a difficult process that can be emotionally and financially draining. Understanding the laws surrounding divorce in Nebraska can help make the process a little more manageable. However, it is always recommended to seek the advice of an experienced attorney when going through a divorce to ensure your rights are protected and you receive a fair outcome.

Filing for Divorce in Nebraska

Filing for divorce in Nebraska can be a difficult and overwhelming process. However, it is important to understand the steps involved in order to have a successful outcome. The first step in filing for divorce is determining which county you will file in. In Nebraska, you must file for divorce in the county where either you or your spouse reside. If both of you live in different counties, then either county will be acceptable.

Once you have determined which county to file in, you will need to obtain the necessary forms from the court. In Nebraska, there are two types of divorce: contested and uncontested. If you and your spouse agree on all issues such as division of assets, child custody and support, and alimony, then you can file for an uncontested divorce. This type of divorce is typically less expensive and time-consuming compared to a contested divorce where there are disagreements on these issues.

Grounds for Divorce

In Nebraska, there are several grounds for divorce that must be proven before the court will grant a dissolution of marriage. The most common ground for divorce is irreconcilable differences or an irretrievable breakdown of the marriage. This means that there has been a breakdown of the marriage beyond repair and no reconciliation can occur. Other grounds for divorce include adultery, desertion, drug or alcohol abuse, physical or mental cruelty, imprisonment, or insanity.

It is important to note that even if one spouse is at fault for the breakdown of the marriage under one of these grounds, it does not necessarily mean they will receive less in terms of asset division or spousal support. The courts in Nebraska follow an equitable distribution system meaning that assets are divided fairly but not necessarily equally.

Residency Requirements

In order to file for divorce in Nebraska, at least one spouse must be a resident of the state. This means that they must have lived in Nebraska for at least one year before filing for divorce. If both spouses live in the state, there is no requirement on the length of residency.

If you or your spouse do not currently reside in Nebraska, but your last shared residence as a couple was in Nebraska, then you may still file for divorce in the state. However, you must wait six months after filing before the court can grant a dissolution of marriage.

Cost of Divorce

The cost of getting a divorce in Nebraska can vary greatly depending on several factors such as the type of divorce, whether or not you hire an attorney, and the length of the process. In general, an uncontested divorce can cost anywhere from $1,000 to $3,000 while a contested divorce can cost upwards of $10,000.

In an uncontested divorce where both parties agree on all issues and there is no need for extensive legal representation, the cost will be lower. However, if there are disagreements on issues such as child custody or division of assets, then you may need to hire an attorney which will increase the overall cost.

Waiting Period

In Nebraska, there is a mandatory waiting period of 60 days after filing for divorce before a final decree can be issued by the court. This waiting period begins from the date that your spouse receives notice of your petition for divorce. The purpose of this waiting period is to allow both parties time to settle any outstanding issues and potentially reconcile their marriage.

However, if both parties agree on all issues at the time of filing and have signed a written settlement agreement that is approved by the court, then this waiting period may be waived.

Child Custody and Support

When it comes to determining child custody and support during a divorce in Nebraska, the court’s main focus is on the best interests of the child. Both parents are encouraged to work together to create a parenting plan that outlines how they will handle time-sharing, decision-making, and financial responsibilities for their child.

If the parents are unable to come to an agreement on these issues, then the court will make a decision based on several factors including the child’s relationship with each parent, each parent’s ability to provide for the child, and any history of abuse or neglect.

Child support in Nebraska is determined by a set formula based on the income of both parents and the number of children. This is intended to ensure that both parents are contributing financially to the well-being of their child.

Alimony/Spousal Support

Alimony, also known as spousal support, is not automatically granted in a divorce in Nebraska. However, if one spouse is financially dependent on the other and unable to support themselves after the divorce, then they may be entitled to receive alimony.

The court will consider factors such as the length of the marriage, each spouse’s earning capacity and financial resources, and any contributions made by one spouse to support the other’s education or career when determining whether or not alimony is appropriate.

Getting a divorce

1. What is the average cost of a divorce in Nebraska?
The average cost of a divorce in Nebraska can range from $5,000 to $15,000. However, the cost may vary depending on the complexity of the case and other factors such as attorney fees and court filing fees.

2. Is there a mandatory waiting period for divorce in Nebraska?
Yes, there is a 60-day waiting period after filing for divorce in Nebraska. This means that your divorce will not be finalized until at least 60 days after filing.

3. Can spouses file for divorce jointly in Nebraska?
Yes, spouses can file for divorce jointly in Nebraska if they both agree on all the terms of the divorce, including child custody, support, and division of assets and debts.

4. Do I have to hire a lawyer to get a divorce in Nebraska?
No, it is not mandatory to hire a lawyer to get a divorce in Nebraska. However, it is highly recommended to seek legal advice from an experienced attorney to ensure that your rights are protected and all necessary documents are properly filed.

5. How much does it cost to file for divorce in Nebraska?
The filing fee for a divorce in Nebraska varies depending on county but typically ranges from $160 to $200. Additional fees may apply for serving documents or other court-related expenses.

6. Can I use online forms or services for my divorce in Nebraska?
Yes, you can use online forms or services to assist with your divorce proceedings. However, it is important to be cautious and ensure that all necessary legal requirements are met before finalizing the divorce agreement through an online platform or service provider.

In conclusion, the cost of a divorce in Nebraska can vary greatly depending on several factors such as the complexity of the case, legal fees, and other related expenses. It is important for individuals going through a divorce to carefully consider these factors and plan accordingly to avoid any financial strain. It is also crucial to have open communication with your spouse and reach an amicable agreement to minimize legal costs. Seeking professional guidance from an experienced divorce attorney can also help navigate the process and potentially reduce expenses. Overall, understanding the potential costs involved in a divorce in Nebraska can help individuals make informed decisions and alleviate some of the burden that comes with ending a marriage. Ultimately, focusing on finding closure and moving forward is key when it comes to dealing with the emotional and financial toll of a divorce. Remember that while the cost of a divorce may seem daunting, investing in your emotional well-being and building a better future for yourself should remain a top priority.