![Nebraska Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Nebraska marital settlement agreement is a legal document that outlines each spouse’s rights and obligations and seeks to reduce the need for court intervention. This document addresses key aspects of divorce, such as child support, alimony, and division of marital property.
A divorce settlement agreement is very important for spouses seeking an uncontested divorce process because this document serves as evidence to the court that the agreements have been made on all matters.
However, if spouses cannot negotiate an agreement, then they start a contested divorce, which means that the court will make all decisions concerning their divorce.
Divorce Forms
Divorce forms are typically filed with the district court in the county where spouses reside. The filing fee is around $160, and the waiting period for divorce to be finalized is at least 60 days.
Divorce Laws and Legal Requirements in Nebraska
Divorce laws and legal requirements in Nebraska are established to protect the legal rights of both parties and provide structure to the divorce process.
Divorce Laws and Legal Requirements
Alimony: According to Section 42-365 of the Nebraska Revised Statutes, one spouse may receive alimony in a divorce case, which the other party will be responsible for paying. Alimony stops if the receiving spouse remarries or if either spouse dies.
Child support: In accordance with Section 42-364 of the Nebraska Revised Statutes, the court may order one spouse to pay child support to the other spouse. When calculating child support, the court follows child support guidelines and considers each parent’s income.
Division of property: The marital property in Nebraska is distributed in a way that is considered fair but not always equal, as stated in Section 42-365. The court will consider factors such as marriage length, both spouse's contributions to the marriage, or financial situation.
Grounds for divorce: Section 42-361 of the Nebraska Revised Statutes states that the court can grant a divorce based on the statements from the spouses that the marriage is irretrievably broken. This means that there is no need for mutual accusations or proving that the other spouse is at fault.
Interim support: The court can order the husband to provide temporary financial support to the wife if needed, which will last until the divorce is finalized, as stated in Section 42-367 of the Nebraska Revised Statutes.
Residency: According to Section 42-349 of the Nebraska Revised Statutes, one spouse must be a state resident for at least one year before filing for divorce.
How to File For a Divorce in Nebraska in 10 Steps
Filing for divorce in Nebraska is easy if you follow the next ten steps we provide for you.
#1. Fill out the Divorce Papers
Spouses who want to begin the divorce process must first obtain and fill out the divorce papers. The most essential document is the divorce complaint, or “complaint for dissolution of marriage,” as it is called in Nebraska.
There are two types of this document: complaints for the dissolution of marriage without children or with children. To complete the document, the plaintiff must provide both spouses personal information, brief details about marriage, and information regarding children.
Here is a list of additional documents that might be needed along with a divorce complaint:
Confidential employment and health insurance information without children or with children
#2. File the Forms With the Court
When all forms are completed, the spouse should file the forms with the district court clerk’s office in the county where they reside. The clerk will also request that the plaintiff pay the filing fee, which is around $160.
However, if the plaintiff is unable to pay the fee, then they must request the fee waiver by filing an “affidavit and application to proceed in forma pauperis.” The judge will then review the waiver request and decide whether to accept it or decline it.
#3. Serve the Forms to the Defendant
Next, the plaintiff must serve the forms to the defendant in order to inform them that the divorce process has started. The court will also need proof that the defendant received the papers.
The plaintiff may decide to serve the papers in person, in which case the defendant must fill out a voluntary appearance form and file it with the court. The other way to serve the divorce forms is to hire a sheriff to do it for a fee. The sheriff will serve the forms, complete the “return of service,” and file it with the court.
#4. Wait for the Defendant's Answer
After the defendant receives divorce forms, they have 30 days to file an answer to the divorce claim. To do this, they have to file an “answer and counterclaim for dissolution of marriage” without children or with children.
The important thing to mention is that this document is not needed if spouses have reached an agreement on all matters and want to proceed with the uncontested divorce process.
However, if the defendant files a counterclaim, the judge will have to decide what is fair and provide a compromised solution.
#5. Attend Parenting Course
The courts in Nebraska require spouses with children to attend parenting courses. The purpose of this course is to educate parents on how to address issues with their children after divorce and to help them create a parenting plan.
Spouses can create a parenting plan on their own as a separate document or as part of the divorce settlement agreement.
Additionally, they can use one of the forms provided by the court:
After they complete the course, spouses should obtain and file the certificate of completion with the court.
#6. Draft a Marital Settlement Agreement
Spouses who want to pursue an uncontested divorce must draft a marital settlement agreement and file it with the court. This is a simple document that spouses can draft on their own without any legal assistance.
They just need to get a marital settlement agreement template and customize it to meet their needs. This document contains all agreements reached during negotiations, and if the court finds that the terms are fair, it may become part of the divorce decree.
#7. Submit Financial Affidavit
Couples with children must submit a financial affidavit for child support to the court clerk. This is important to do because the court considers both parents income when deciding on the amount of support.
Besides monthly income, spouses must provide information about health insurance, retirement funds, and child support if their spouse is paying for children from another marriage.
Finally, documents must be signed in front of a notary public and filed with the court clerk.
#8. Schedule a Hearing
The next thing to do is for the plaintiff to schedule a hearing date. The procedure for setting the date varies depending on the county, so the plaintiff should consult the court clerk for the details of the correct procedure.
The court clerk will set a date for the final hearing and inform the plaintiff, who needs to fill out the first part of the notice of hearing and give a copy of the document to the defendant. The plaintiff then needs to complete the original notice by filling out the certificate of service part and filing it with the court.
#9. Attend the Final Hearing
Both spouses should attend the final hearing in order to make a statement, present their case, and provide the documents needed by the court.
If the divorce is uncontested, the defendant is not required to attend. The plaintiff will have to attend and present the documents, such as the marital settlement agreement and parenting plan.
Additionally, the plaintiff should fill out and provide the court with a “decree of dissolution of marriage” without children or with children. The judge will review the documents and, if everything is in order, sign the decree and file it with the court clerk.
#10. Change Name
After 30 days since the decree has been signed, the divorce is finalized, and former spouses may obtain a certified copy of the decree. With this copy as legal proof, they can change their name on identification documents and public records.
However, if they did not request a name change in the divorce complaint, then they must ask for a name change in a separate case. Apart from changing names in identification documents and public records, spouses should inform friends, family, or employers of the change.