Staying in an unhappy marriage is not good for anyone involved, but deciding to divorce is no walk in the park either. The complexities of divorce discourage unhappy husbands or wives from even considering divorce, but legal advice is just a phone call away. You can find a local divorce lawyer at USAttorneys and set up a meeting to talk about the divorce process.
What Do I Have to Do to Get Divorced in Omaha?
Meet Residency Requirements
You cannot file for divorce in Nebraska until you have lived in the state for at least one year. However, if you were married in Nebraska and lived in the state since, you don’t have to wait a year to file for divorce.
Decide Whether Your Divorce is Contested or Uncontested
In Nebraska, you can file for a contested or uncontested divorce.
An uncontested divorce will move faster and is less emotionally charged, but is only possible if you can resolve the following issues:
Child custody, visitation
Child support and other expenses such health insurance and school tuition
Spousal support or alimony
How marital assets and debts will be divided
Any other marital disputes
Your divorce can only be uncontested if you and your estranged spouse agree on the terms of each issue mentioned above. When your divorce is uncontested, it can be finalized within six months.
If you cannot decide on the terms, a divorce court will decide the key terms. When child custody is acrimonious, your case may be moved to a family court, and you may be asked to undergo a parental evaluation.
Whether you file for a contested or uncontested divorce, you must demonstrate that your marriage is broken and there is no hope for a reconciliation.
File Your Documents with the Correct Court
You must file your divorce petition with the right court, or your petition will be ignored, and you’ll have to start the process over. Typically, divorces are handled by district court judges, so that is where you must file. Someone at the courthouse should inform you if you are at the right location to file your divorce petition.
Douglas County District Court
Hall of Justice
1701 Farnam St.,
Omaha, NE 68183
The three steps mentioned above are critical, and a misstep can cost you time and money. That is why it’s smart to speak to a divorce attorney as soon as you know your marriage is over. You can discuss what you want out of your divorce and how to get the process underway.
The Nebraska Parenting Act
The Nebraska Parenting Act was enacted to keep the chaos of divorce from having a negative impact on a couple’s child or children. Watching their mother and father divorce is always difficult on a child, but this law aims to make the transition easier on a child. The Nebraska Parenting Act:
Emphasizes the best interest(s) of a child or children
Recognizes that children need to have a relationship with both parents
Requires parties to draft a parenting plan
Make parenting classes mandatory
The Nebraska Parenting Act, Neb. Rev. Stat. §43-2920, et seq. (2008), requires parents who are separating or divorcing to develop and parenting plan and submit it to the family court. A parenting plan covers key issues such as:
Where a child will live
Who is responsible for taking a child to school and picking them up
Which parent makes medical decisions for a child
Transferring a child from one parent to another
The law also makes parenting classes mandatory for divorcing couples with children. Before a judge rules in your case, you must provide the court with a certificate affirming that you successfully completed an approved course. Here are two agencies in Omaha that offer court-approved parenting classes:
Capstone Behavioral Health P.C.
1941 South 42nd Street
Omaha, Nebraska 68105
Concord Mediation Center
4225 North 90th Street
Omaha, Nebraska 68134
If you and your spouse are unable to agree on child custody matters, a judge can order you to enter mediation to resolve these issues.
This online brochure explains the Nebraska Parenting Act in detail.
What Can a Divorce Attorney in Nebraska Do for Me?
Under Nebraska law, you are not required to hire an attorney to get a divorce, but it is probably in your best interest to get one.
Each state has different laws pertaining to divorce, and Nebraska also happens to have extensive filing requirements. Below are the initial forms and fees that are due when you file your dissolution papers:
Complaint for Dissolution of Marriage (DC 6:4(1))– This document starts the dissolution process and
Vital Statistics Certificate- This form must accompany your Complaint for Dissolution of Marriage.
Filing fee or filing fee waiver papers- You must pay a filing fee when you submit your initial claim or present a fee waiver.
Confidential Employment and Health Insurance Information and Social Security Information forms -This form must also accompany the Complaint for Dissolution of Marriage.
Divorce petitions in Nebraska are extremely detailed and must be filled out accurately. A mistake or omission on any of the forms listed above will result in a rejection of your divorce petition. You can find out more about divorce petitions by visiting the State of Nebraska Judicial Branch website.
Our team of divorce lawyers in Omaha will handle all aspects of your divorce. Completing your divorce petition is one of the many services you can expect from our legal team in Nebraska. Our divorce experts will also help you with the following:
Filling out the necessary filing documents accurately
Explain how child support is determined
Develop a parental plan
Resolving child custody and support along with visitation
Organize your financial documents
Guide you through a court-ordered parental evaluation
Represent you in court
At USAttorneys.com, you will find listings for top-notch divorce lawyers throughout Nebraska. Take a few minutes to fill out our contact forms, and we will refer your case to a compassionate and knowledgeable attorney.
USAttorneys.com Omaha office:
1299 Farnam Street
Omaha, NE 68102