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Nebraska Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

60-90 days for uncontested divorces (minimum 60-day mandatory waiting period under § 42-363 after service of process, plus 30 days for decree to become final), 6-18 months for contested divorces depending on the complexity of property division, custody disputes, and court scheduling in your county

Documents to Gather

  • Certified Marriage Certificate
  • Birth Certificates for Minor Children(if applicable)
  • Valid Nebraska Photo ID
  • Social Security Cards
  • Proof of Nebraska Residency (12+ months)
  • Prenuptial or Postnuptial Agreement(if applicable)
  • Domestic Abuse Protection Order (if applicable)(if applicable)
  • Prior Court Orders(if applicable)

Financial Documents

  • Last 3 years of federal and state tax returns (with all W-2s, 1099s, and schedules)
  • Last 3 months of pay stubs from all employers
  • Bank statements for all accounts — last 12 months
  • Retirement account statements — last 12 months
  • Investment and brokerage account statements — last 12 months
  • Real property deeds, mortgage statements, and appraisals
  • Vehicle titles, registration, and loan statements
  • Credit card statements — last 12 months
  • Business ownership records and valuations(if applicable)
  • Life insurance and health insurance policies
  • Student loan and personal loan documentation
  • Monthly household expense documentation

Key Steps

1. Before Filing

  • Verify Nebraska Residency Requirements
  • Gather Personal and Marriage Documentation
  • Compile Financial Records and Documents
  • Assess Safety Concerns and Obtain Protection if Needed
  • Determine Whether You Have a Simple or Contested Divorce

2. Filing Process

  • Complete the Complaint for Dissolution of Marriage
  • Complete All Required Supplemental Forms
  • File the Complaint and Pay the Filing Fee
  • Prepare a Parenting Plan if Children Are Involved

3. After Filing

  • Serve Your Spouse with the Complaint and Summons
  • Wait for Your Spouse's Response
  • Complete Mandatory Parenting Education Course (Cases with Children)
  • Participate in Mediation if Parenting Issues Are Disputed
  • Exchange Financial Disclosures and Complete Discovery
  • Negotiate a Settlement or Prepare for Trial
  • Attend the Final Hearing and Obtain the Decree

Key Deadlines

Sheriff must complete personal service20 days after summons is issued
Respondent must file Answer30 days after service of process
Mandatory 60-day waiting period60 days after service of process
Service must be completed or case dismissed6 months after filing the Complaint
Parenting plan mediation deadline (cases with children)4 months after service of process
Decree becomes final (appeal period)30 days after the Decree of Dissolution is filed

Quick Reference

To file for divorce in Nebraska, at least one spouse must have lived in the state for a minimum of one year under Neb. Rev. Stat. § 42-349. File a Complaint for Dissolution of Marriage — Form DC 6:4(1) without children or Form DC 6:5.1 with children — at the district court clerk's office in the county where either spouse resides. The filing fee is $163.00; fee waivers are available through Form DC 6:7. Nebraska is a no-fault state requiring only proof of irretrievable breakdown under § 42-361. After filing, serve your spouse within 6 months. Your spouse has 30 days to file an Answer. The mandatory 60-day waiting period under § 42-363 begins on the date of service — not the filing date. If minor children are involved, both parents must complete an approved parenting education course under § 43-2928, develop a parenting plan, and participate in mediation if they cannot agree within 4 months under § 43-2937. Both parties must provide full financial disclosures for equitable property division under § 42-365. The decree becomes final 30 days after the judge signs it. Uncontested divorces take 60 to 90 days; contested cases take 6 to 18 months.

This checklist is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Nebraska for guidance on your specific situation.

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