What Do I Have To Do To Get The Divorce Process Started?

In order to start the divorce process in Nebraska, you’ll need to complete some court forms. You can obtain those forms online, from the Nebraska Supreme Court’s online self-help center, or you can consult with a family law attorney, who can file the appropriate paperwork on your behalf. The online forms are official forms, but you should double-check with your local court or family law attorney to make sure the judges will accept them. You can only use these easy to obtain forms if all of the following statements are true:

• Either there are no children as a result of the marriage or there are children, but all custody and visitation terms are already settled by mutual agreement. Also, the husband is the biological father of all the wife’s children.
• Neither spouse has a pension, a retirement plan, an ongoing business, or owns real property.
• Neither spouse plans to ask the other for alimony.

Be thorough and complete when responding to the forms’ questions. Fill out these forms on a computer, if you can. If not, be sure to write or print neatly. The forms you are required to complete will differ, depending on whether you have children and whether you are the plaintiff or the defendant. If you and your spouse have minor children who are financially dependent on you and aren’t legally emancipated, you’ll need to use the Simple Divorce with Children forms. If you don’t have any minor children together, then you should use the Simple Divorce without Children forms.

Be sure that you don’t sign any affidavits, oaths, or sworn statements unless you’re in the presence of a notary. Most of the forms will come with separate instructions, which you should read before starting and keep handy as you work. In the majority of cases, complications will arise that will require you to call for the expert advice of a family law attorney.