Divorce Resources in Nebraska: Court Forms, Legal Aid & Filing Guide

To file for divorce in Nebraska, you must file a Complaint for Dissolution of Marriage with the clerk of the district court in the county where you or your spouse resides. Nebraska is a no-fault divorce state under Neb. Rev. Stat. § 42-361, meaning the only ground for divorce is that the marriage is irretrievably broken. You must meet the residency requirement under Neb. Rev. Stat. § 42-349: either you or your spouse must have lived in Nebraska for at least one year immediately before filing, or you were married in Nebraska and at least one spouse has resided in the state continuously since the wedding. The filing fee is $163, payable to the clerk of the district court. If you cannot afford the fee, file an Affidavit and Application to Proceed In Forma Pauperis (Form DC 6:7.1) under Neb. Rev. Stat. §§ 25-2301 to 25-2310.

After filing the Complaint, you must serve your spouse with the divorce papers. Under Neb. Rev. Stat. § 42-352, service may be accomplished through personal service by a sheriff or process server, certified mail with return receipt, or voluntary appearance where your spouse signs a Voluntary Appearance form. Your spouse then has 30 days after service to file a written Answer and Counterclaim (Form DC 9:1 for no children or DC 10:1 with children). Nebraska imposes a mandatory 60-day waiting period under Neb. Rev. Stat. § 42-372, beginning from the date of service. No final hearing or decree may be entered until this waiting period expires. Nebraska law also requires a fully completed Vital Statistics Certificate of Dissolution to be filed alongside the Complaint.

If minor children are involved, both parents must complete several additional requirements before the court will grant a final decree. Under the Nebraska Parenting Act (Neb. Rev. Stat. § 43-2920 et seq.), both parents must attend a Supreme Court-approved parenting education class and file a certificate of completion. Parents must also develop and submit a written Parenting Plan addressing legal custody, physical custody, and parenting time. If the parents cannot agree on a parenting plan, Neb. Rev. Stat. § 43-2937 requires court-ordered mediation through an approved mediator before the case may proceed to trial. Additionally, a Financial Affidavit for Child Support (Form DC 6:5.2) and a child support calculation under the Nebraska Child Support Guidelines must be prepared and submitted to the court at the final hearing.

At the final hearing, the judge reviews the settlement terms, ensures the division of property is equitable under Neb. Rev. Stat. § 42-365, and confirms any parenting plan serves the children's best interests under Neb. Rev. Stat. § 42-364. If both spouses agree to all terms and the 60-day waiting period has passed, the court may approve the Decree without a hearing. Once the judge signs the Decree of Dissolution and it is filed with the clerk, the divorce is not final for 30 days. Under Neb. Rev. Stat. § 42-372, neither party may remarry anyone, anywhere in the world, until six months and one day have passed from the date the Decree was signed and filed. Violation of this restriction constitutes a criminal offense under Nebraska law.

Nebraska law requires both parents to complete a parenting education class before the court will enter a final divorce decree involving minor children. Under the Nebraska Parenting Act (Neb. Rev. Stat. § 43-2920 et seq.), all parties to a divorce, paternity, custody, or modification proceeding must attend and complete a basic-level parenting education course approved by the Nebraska Supreme Court. The class focuses on co-parenting skills, recognizing children's emotional and physical needs during divorce, and developing an effective parenting plan. Both parents must file a certificate of completion with the court before entry of a final decree. Typical costs range from $25 to $100 per parent, set by the approved provider. A list of Supreme Court-approved parenting education classes is available on the Nebraska Judicial Branch website. In cases involving allegations of child abuse, neglect, domestic intimate-partner abuse, or unresolved parental conflict, the court may order parents to attend a second-level parenting class under Neb. Rev. Stat. § 43-2932.

Nebraska law mandates mediation in divorce and custody cases when parents cannot agree on a parenting plan. Under Neb. Rev. Stat. § 43-2937, for cases filed on or after July 1, 2010, all parties who have not submitted a parenting plan within the time specified by the court must participate in mediation or specialized alternative dispute resolution with an approved mediator, court conciliation program, or mediation center as provided in Neb. Rev. Stat. § 43-2938. Mediators must be approved under the Nebraska Parenting Act and meet qualifications set by the Office of Dispute Resolution. Before the first session, mediators conduct individual screening with each party to assess for child abuse, domestic intimate-partner abuse, or coercion under Neb. Rev. Stat. § 43-2937(3). If abuse or unresolved conflict is found, specialized alternative dispute resolution replaces standard mediation. The mediation requirement may be waived only for good cause shown — when both parents agree in a bona fide manner or when mediation would cause undue delay or hardship — and requires an evidentiary hearing. Failure to participate meaningfully may result in sanctions including case dismissal, assessment of attorney fees, or limitations on presenting evidence at trial. Mediation costs typically range from $150 to $300 per hour and are generally split between the parties. The Nebraska Judicial Branch maintains a directory of approved Parenting Act mediators at nebraskajudicial.gov.

Nebraska requires financial disclosure in all divorce cases. In cases involving minor children, both parties must complete the Financial Affidavit for Child Support (Form DC 6:5.2) and submit it to the court at the final hearing. This sworn statement details each party's income, employment, health insurance, expenses, and assets, and is used to calculate child support under the Nebraska Child Support Guidelines (Neb. Rev. Stat. § 42-364.16). Additionally, parties must file the Confidential Employment and Health Insurance Information form (DC 6:5.11) with the Complaint. For property division, Neb. Rev. Stat. § 42-365 requires the court to consider the circumstances of the parties, the duration of the marriage, and contributions to the marriage. A full disclosure of marital and nonmarital assets, liabilities, income, and financial obligations is expected. The burden of proof for claiming an asset is nonmarital rests on the party making that claim. Failure to provide adequate financial documentation may result in the court presuming contested assets are marital property subject to equitable distribution.