Nebraska No Fault Divorce

The divorcing couple which accedes to apply for a divorce can negotiate various details of the divorce for example property settlement. The court generally conducts a brief and simple hearing during which agreement between the divorcing partners is usually endorsed. The economical aspects of the divorce are not based on fault but on the requirement of money, capacity to pay, and input of the divorcing partner to the family economy etc.

Grounds of Nebraska No Fault Divorce

Both the divorcing parties have to take an oath of affirmation regarding the following points.

• Their marriage has been irretrievably broken
• There is no possibility of reconciliation

Residency requirements of Nebraska No Fault Divorce

At least one divorcing partner must be residing in this state for minimum 1 year before the divorce papers are filed. These divorce papers can be filed in the county of any one divorcing partner.

Legal procedure of Nebraska No Fault Divorce

• One divorcing partner files the petition for dissolution and serves the copy of the petition to the other divorcing partner
• The divorcing partner, who is served the copy, has the right to file a responsive pleading
• There is a period of 60 days from the date of filing and service of summons till the actual court hearing. This period can be extended if there is any hurdle in developing the agreement.
• During the period in which the settlement agreement is being created, one of the divorcing partners is offered temporary court expenses, lawyer fees, alimony and child custody.
• The divorcing partners are inspired to reach a written property settlement agreement that comprises of the following issues
  • Custody and support of minor children
  • Allocation of debts
  • Disposition of property owned by the divorcing partners
  • Maintenance issue
• If an agreement is created by the divorcing partners, it is submitted in the court for approval. Consequently, a decree of dissolution is entered.
• If an agreement cannot be developed by the divorcing partners, the court handles the issues like child support, child custody, property division and spousal support. A trial is held to discuss these issues and at this trial, the divorcing partners may present proof in the court to endorse their position.
• The decision of the Judge is included in the decree of dissolution

Documents to be submitted to an attorney

If the divorcing partner hired a lawyer for the no fault divorce, then, the spouse must keep at least the following documents ready to present to the lawyer.

• An itemization of insurance policies, debts, mortgages or other relevant factors of the economical status.
• A complete roster of the property owned by the divorcing partners, separately and jointly, as well as property owned by their children. This list must include information like the origin and value of the property.
• If any children are affected by the divorce, then the following data regarding these children
  • Full names
  • Location of birth
  • Social Security Numbers
  • Birth dates
  • Place of residence for the previous 5 years
  • With whom the children have resided in the past 5 years?
  • Any health problems of the children
  • Whether the children are under a doctor’s care?
• Most recent pay stubs
• Most recent income tax return

Divorce Papers