How Long Does Divorce Take in Nebraska?
Desire for Quick Solutions
Many people like getting things done quickly and efficiently, whether the task is as simple as grocery shopping or as complex as filing taxes. Divorces fall on the complex side of the spectrum, and those going through a divorce also want the process to go by as quickly as possible. Nebraska law has requirements for the minimum time for finalizing divorce after the paperwork is filed, but additional factors such as custody and support for children and division of the marital estate can add more time to the proceeding.
Specified Length of Time
After the complaint for dissolution has been filed and the spouse has been served his or her copy, Nebraska courts may not enter a final decree until at least 60 days have passed, though temporary orders may be entered.
After this waiting period concludes, your request for dissolution can be finalized if you and your spouse have reached an agreement on all issues which must be decided. If uncontested, the divorce can be finalized without hearing by submitting a decree signed by you and your spouse and a waiver of hearing form. However, you should not make plans based on a sixty-day resolution, as significant issues cannot always be decided in such a timeframe.
If you and your spouse have children, your divorce proceeding will likely take more time. You and your spouse will need to attend a mandatory parenting class to learn about parenting plans with the goal of reaching an agreement on a plan to submit to the court. Once you have both completed the class, if you and your spouse can agree on a plan, your attorneys can assist in drafting the plan to present to the court. If you cannot agree, you will attend mandatory mediation with a neutral third party who will attempt to help you and your spouse agree on a parenting plan.
If you are still unable to agree to a parenting plan, you and your attorney will need to prepare for trial to determine visitation, custody, and child support.
Similarly, any property division that is not agreed upon outside of a court hearing must be resolved through trial. The length of time this adds to your divorce depends on how quickly you and your spouse can agree to property division or how long it takes to prepare those issues for trial.
A decree may be appealed for 30 days following entry of the decree. If neither party appeals during that period, the divorce is final.
However, if you intend to remarry, you must wait at least 6 months from the date the divorce decree was signed in order to marry again. Nebraska law states that you are unable to marry anywhere in the world for a period of six months from the date the divorce is final.
Speak with an Attorney
Regardless of where you are in the divorce process, hiring an attorney to handle your case will make the long process much more streamlined. Reagan, Melton & Delaney, L.L.P. is committed to helping our clients at each stage of their divorce and fighting for their rights. Call us today at (402) 226-1899 to speak with an attorney about your case.