Divorce Checklist for Nebraska

Nebraska Revised Statute § 42-349 requires at least one spouse to have actual residence in Nebraska with a bona fide intention of making it their permanent home for at least one year before filing a Complaint for Dissolution of Marriage. The sole exception applies when the marriage was solemnized in Nebraska and either party has resided continuously in the state from the date of marriage through filing. Military service members stationed at any Nebraska military base or installation for one continuous year also satisfy the residency requirement under § 42-349. Residency is a jurisdictional prerequisite — the district court lacks subject matter jurisdiction to hear a dissolution proceeding if neither party meets this threshold. Gather documents proving one year of continuous Nebraska residency, such as a valid Nebraska driver's license, voter registration, utility bills, lease agreements, or property tax records showing your Nebraska address for at least 12 consecutive months before you intend to file.

Before filing your Complaint for Dissolution of Marriage in Nebraska district court, collect all essential personal records that the court requires. You must obtain a certified copy of your marriage certificate from the county clerk where the marriage was recorded or from the Nebraska Department of Health and Human Services Vital Records office at dhhs.ne.gov. Nebraska law under § 42-353 requires the Complaint to include information about both spouses and any minor children whose custody may be affected. You will need full legal names, dates of birth, Social Security numbers, and current addresses for both parties and all minor children. Compile information about the date and place of your marriage, the date of separation, and whether the wife is currently pregnant. Having these documents organized before filing prevents delays and ensures your Complaint and Vital Statistics Certificate can be completed accurately on the first attempt at the clerk's office.

Nebraska law requires full financial transparency in dissolution proceedings. Under Neb. Rev. Stat. § 42-365, the court considers the circumstances and economic contributions of each party when dividing marital property equitably. Both spouses must eventually disclose all assets, liabilities, income, and expenses through financial affidavits and supporting documentation. Gather at least three years of federal and state tax returns, W-2s, 1099s, and pay stubs for all sources of income. Collect statements for every bank account, retirement account, investment account, and credit card held individually or jointly. Obtain current appraisals or estimates of value for real property, vehicles, and significant personal property. Compile records of all debts including mortgages, auto loans, student loans, and credit card balances. If children are involved, you will also need health insurance information and childcare cost documentation to complete the Financial Affidavit for Child Support required under Nebraska Child Support Guidelines.

If you are experiencing domestic abuse, address your safety before filing for dissolution. Under Nebraska Revised Statute § 42-903, domestic abuse includes attempting to cause or intentionally and knowingly causing bodily injury, or placing another person in fear of imminent bodily injury, by a present or former spouse or intimate partner. You may petition for a Domestic Abuse Protection Order through any Nebraska county court or district court — this proceeding is separate from the divorce itself. The court can issue an ex parte protection order immediately, which can restrain your spouse from contacting you, exclude them from the shared residence, and grant temporary custody of minor children. Under § 42-357, the divorce court may also issue temporary ex parte orders during pending dissolution proceedings to restrain property transfers, enjoin harassment, and determine temporary custody. Ex parte property and custody orders under § 42-357 remain in force for no more than 10 days or until a hearing is held.

Nebraska provides streamlined self-help forms for uncontested divorces where both spouses agree on all terms. To qualify for the simple divorce process using Nebraska Judicial Branch self-help forms, you and your spouse must agree on property division, debt allocation, alimony, and — if you have minor children — custody, parenting time, and child support. Neither spouse may be pregnant and no children may be expected. If you meet these criteria, you can use the court's self-help forms available at nebraskajudicial.gov/self-help. If you and your spouse disagree on any issue, you have a contested divorce requiring formal discovery, potential mediation under the Parenting Act, and possibly a trial. Understanding which category applies determines your form requirements, timeline, and costs. An uncontested Nebraska divorce typically concludes in 60 to 90 days after service of process, while contested cases may take 6 to 18 months depending on the complexity of disputed issues and court scheduling.

The Complaint for Dissolution of Marriage is the document that initiates your divorce case in Nebraska district court. Nebraska is a pure no-fault state — the only ground for dissolution is irretrievable breakdown of the marriage under Neb. Rev. Stat. § 42-361. Use Form DC 6:4(1) if you have no minor children, or Form DC 6:5.1 if you have minor children. Follow the corresponding instruction forms DC 6:4(1a) or DC 6:5.1a to ensure accuracy. The Complaint must include both spouses' names and addresses (your address may be omitted for safety under § 42-353), information about minor children, and whether any other dissolution action is pending. State the date and place of marriage, the date of separation, and your requested relief — including property division, alimony, child custody, and child support. The Complaint must be typed or printed legibly in black ink. Review every field carefully before filing because amendments require additional court filings.

Nebraska requires several supplemental forms alongside the Complaint for Dissolution. Complete the Vital Statistics Certificate of Dissolution of Marriage or Annulment — a Nebraska DHHS form (HHS-73 Worksheet) required by state law for vital records tracking. Fill out the Confidential Employment and Health Insurance Information form (DC 6:5.11 for cases with children) providing current employer details and health coverage information. Complete the Social Security, Gender, Birth Date(s) form (DC 6:5.12 with instructions at DC 6:5.12a) — this confidential form provides identifying information for both parties and children. If your divorce involves minor children, you must also prepare a Financial Affidavit for Child Support listing all income, expenses, and dependent information, along with a proposed Child Support Calculation using the Nebraska Child Support Guidelines worksheet. These supplemental documents are given to the clerk at filing and are maintained as confidential court records separate from the public case file.

File your completed Complaint for Dissolution of Marriage and all supplemental forms with the clerk of the district court in the county where you or your spouse resides, as permitted under Neb. Rev. Stat. § 42-349. The filing fee in Nebraska is $163.00 for a dissolution of marriage case. Payment is due at the time of filing and may be made by cash, check, or money order depending on the county. If you cannot afford the $163.00 filing fee due to low income, file Form DC 6:7 (Filing a Divorce Case Without Payment of Fees) — also called an Application to Proceed In Forma Pauperis — along with a financial affidavit demonstrating your inability to pay. The judge will review and rule on your fee waiver request. Upon filing, the clerk assigns a case number and designates the judge who will hear your case. Keep your case number on every document you file going forward. You may file in person or through the Nebraska e-filing portal at nebraskajudicial.gov/e-services/efiling in participating counties.

Under the Nebraska Parenting Act (Neb. Rev. Stat. §§ 43-2920 to 43-2943), every dissolution proceeding involving minor children requires a parenting plan addressing legal custody, physical custody, and parenting time. Nebraska statute § 42-364 requires the final decree to include custody determinations based on the best interests of the child, incorporated through either a parenting plan developed by the parties or one ordered by the court after a hearing. The parenting plan must specify which parent has decision-making authority for education, healthcare, and religious upbringing (legal custody), where the child primarily resides (physical custody), and a detailed schedule for parenting time including holidays, school breaks, and summer vacations. Under § 43-2937, if you and your spouse cannot agree on a parenting plan within the time specified by the court, you will be ordered to participate in mediation. Draft your proposed parenting plan early to facilitate negotiation and demonstrate good faith to the court.

After filing, you must formally serve your spouse with the Complaint, Summons, and a copy of all filed documents. Nebraska law provides three methods of service. First, the sheriff of the county where your spouse lives or works can personally serve the documents — the sheriff has 20 days from the date the summons is issued to complete personal service under Neb. Rev. Stat. § 25-508. Second, a court-appointed special process server may serve the documents. Third, your spouse may sign a Voluntary Appearance form (DC 6:4(3) for no children or the equivalent with-children form), acknowledging receipt and waiving formal service. You must complete service within 6 months of filing or your case will be automatically dismissed. The mandatory 60-day waiting period under § 42-363 begins on the date your spouse is served, not the date you filed. Contact the sheriff's office in the county where your spouse resides to arrange service and determine the service fee, which is typically $20 to $50.

After being served, your spouse has 30 days to file a written response with the district court. The response may take the form of an Answer and Counterclaim for Dissolution of Marriage — Form DC 9:1 for cases without children or Form DC 10:1 for cases with children. In the Answer, your spouse may agree with your Complaint's terms, dispute specific requests, or file a counterclaim requesting different relief such as alternative property division, custody arrangements, or alimony. If your spouse fails to file any response within the 30-day deadline, you may request a default judgment from the court, proceeding on the terms stated in your Complaint. However, even with a default, the court cannot finalize the divorce until the mandatory 60-day waiting period under § 42-363 has elapsed from the date of service. If your spouse files a Voluntary Appearance instead of being formally served, the 30-day answer period still applies from the date they sign the Voluntary Appearance. Monitor the court file or check with the clerk to confirm whether an Answer has been filed.

Nebraska Revised Statute § 43-2928 requires the court to order all parties in a proceeding under the Parenting Act to attend a basic level parenting education course. The course covers child developmental stages, adjustment to parental separation, the litigation process, alternative dispute resolution, conflict management, stress reduction, and parenting time guidelines. Both parents must complete the course and file a Certificate of Completion (Form DC 6:5.5) with the court. The State Court Administrator approves all parenting education providers — approved online and in-person options include Course For Parents, Certevia, C.O.P.E., ParentingChoice, and Nebraska Co-Parenting. Courses typically take 2 to 4 hours and cost $25 to $65 per parent. Each party pays for their own course. The court may delay or waive the requirement for good cause. Check with your county court to confirm whether online courses are accepted in your jurisdiction, as some counties may require in-person attendance.

Under Nebraska Revised Statute § 43-2937, if you and your spouse have not submitted an agreed-upon parenting plan within 4 months after service of process, the court will order both parties to participate in mediation or specialized alternative dispute resolution. A mediator approved by the State Court Administrator will conduct an initial individual screening session with each party to assess the presence of child abuse, domestic intimate partner abuse, unresolved parental conflict, intimidation, or a party's inability to negotiate freely. If these conditions exist, the process shifts to specialized alternative dispute resolution with additional safety protocols. Mediation costs are shared by the parties unless the court orders otherwise. The mediation requirement may be waived by the court for good cause shown — both parents must agree to the waiver, and the court holds an evidentiary hearing requiring clear and convincing evidence. Failure to appear for mediation or participate meaningfully may result in court sanctions including dismissal, attorney fee assessments, or limitations on presenting evidence at trial.

Both parties in a Nebraska dissolution must provide complete and honest financial disclosures as required for equitable property division under Neb. Rev. Stat. § 42-365. Each spouse submits a financial affidavit detailing all income, assets, liabilities, and monthly expenses. Supporting documentation includes tax returns, pay stubs, bank statements, retirement account statements, real estate appraisals, and debt records. In contested divorces, formal discovery tools may be used: interrogatories (written questions), requests for production of documents, depositions, and subpoenas to third parties such as employers or financial institutions. Discovery timelines are governed by the Nebraska Rules of Civil Procedure — responses to interrogatories and document requests are generally due within 30 days of service. Failure to disclose assets can result in the court overturning property settlements and imposing sanctions. If children are involved, both parties must complete a Financial Affidavit for Child Support and a Child Support Calculation worksheet using the Nebraska Child Support Guidelines to determine the appropriate support amount.

After discovery is complete, attempt to reach a settlement agreement with your spouse on all remaining disputed issues including property division, alimony, child custody, and child support. Under Neb. Rev. Stat. § 42-365, the court has an independent duty to evaluate any property settlement agreement and ensure its terms are not unconscionable before incorporating it into the decree. Nebraska encourages settlement — an agreed-upon property settlement that is fair and equitable will generally be approved by the court. If settlement negotiations fail, the case proceeds to trial before a district court judge. Nebraska divorce trials are bench trials decided by the judge, not jury trials. At trial, both parties present evidence and testimony on disputed issues. The judge applies the factors in § 42-365 for property division and alimony, and the best interests of the child standard under § 42-364 for custody. Prepare all exhibits, witness lists, and testimony outlines well in advance of the trial date set by the court.

After the mandatory 60-day waiting period under Neb. Rev. Stat. § 42-363 has elapsed from the date of service, the court may schedule a final hearing. In uncontested cases, the hearing is typically brief — the plaintiff testifies under oath confirming the marriage has irretrievably broken down, that residency requirements are met, and that both parties agree to the terms in the proposed decree. Use Form DC 6:4 (Instructions for Your Divorce Hearing) as a guide for what to say. In contested cases, the final hearing is a full trial. The judge enters a Decree of Dissolution of Marriage — use Form DC 6:4(6) for cases without children or Form DC 6:5.3 for cases with children. The decree becomes final 30 days after the judge signs it and the clerk files it. During those 30 days, either party may file an appeal. Once the decree is final, the marriage is legally dissolved. The clerk files the Vital Statistics Certificate with the Nebraska DHHS to update state records.