Divorce is one of the most challenging and emotional periods a couple can go through. When a couple decides to get a divorce, many questions often arise. One of the first questions you may have is how long it will take. While there is no one-size-fits-all answer to this question, understanding the grounds for divorce and the factors that can affect the divorce timeline can help set realistic expectations.
If you are considering getting a divorce in Nebraska, contact Anderson, Creager, and Wittstruck, P.C., L.L.O. today to schedule a consultation. Located in Lincoln, Nebraska, we serve clients in Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
Grounds for Divorce in Nebraska
Before you can figure out the timeline for a divorce in Nebraska, it is important to understand the grounds for divorce recognized by the state. There are two main types of divorce: fault-based and no-fault.
A fault-based divorce requires that one party prove that the other is at fault for the breakdown of the marriage due to specific occurrences, such as adultery, desertion, cruelty, or domestic or substance abuse. While these may seem like straightforward reasons to file for divorce, they can be difficult to prove and often require additional time and resources.
On the other hand, a no-fault divorce does not require proof of wrongdoing by either party. Instead, the couple simply needs to state irreconcilable differences as the reason for their divorce.
Nebraska is a no-fault divorce state, meaning you are not required to state specific reasons for the dissolution of the marriage. You only have to cite "irreconcilable differences".
Typical Waiting Period for Divorce in Nebraska
Once you have filed for divorce, there is a mandatory waiting period before the final divorce decree can be issued. In Nebraska, this waiting period is 60 days from the date of service. This means that even if all other aspects of the divorce are settled, you will still have to wait before your divorce can be finalized.
However, it's important to note that this waiting period can be extended if there are complications or disputes in the divorce process. For example, if there are disagreements over child custody or the division of assets, it may take longer than the allocated 60 days to finalize the divorce.
Factors That Can Influence How Long a Divorce Takes in Nebraska
Every divorce is unique and the timeline for each will vary depending on individual circumstances. While the waiting period for a divorce in Nebraska is 60 days, several factors can influence how long the overall process takes. Some of the most common factors include the following.
Contested vs. Uncontested Divorce
If you and your spouse agree on all aspects of the divorce, including child custody, division of assets, and spousal support, it is considered an uncontested divorce. In this case, the divorce can typically be finalized relatively quickly after the mandatory waiting period.
However, if there are disagreements and disputes over any aspect of the divorce, it becomes a contested divorce. This can significantly prolong the process as it may require litigation and court appearances to reach a resolution.
Division of Assets
The division of assets can play a significant role in how long a divorce takes. If there are complex assets involved, such as businesses or multiple properties, it may take longer to reach an agreement on how they will be divided.
If one party is uncooperative or refuses to disclose all financial information, this can delay the process even further. It's important to work with a skilled attorney who can help ensure that all assets are properly accounted for and fairly divided.
Child Custody and Support
If children are involved in the divorce, determining custody arrangements and child support payments can impact the timeline. It's crucial to prioritize the best interests of the children, which may require mediation or court hearings to reach a resolution.
Willingness to Compromise and Cooperate
The level of cooperation between spouses can have a significant impact on how long a divorce takes. Open, constructive dialogue and a willingness to engage in mediation instead of litigation can lead to a quicker, more amicable conclusion, which in turn can save time, stress, and expenses.
How Mediation Can Help Expedite the Divorce Process
Mediation can be a useful tool for potentially avoiding litigation during a divorce. During mediation, a neutral third party helps guide communication and decision-making between spouses to reach an agreement on all aspects of the divorce.
This can be a beneficial option for couples looking to expedite the divorce process, as it allows them to avoid courtroom proceedings and work towards finding mutually agreeable solutions.
Additionally, mediation can help reduce conflict and promote a more amicable relationship between spouses after the divorce is finalized. This can be especially helpful if there are children involved, as it creates a healthier dynamic for co-parenting.
FAQs About How Long a Divorce Takes in Nebraska
Can hiring a skilled attorney help speed up the divorce process?
Yes, working with an experienced family law attorney can help make sure that all legal proceedings are handled effectively. This can potentially save time and stress, and help you reach a fair resolution.
Is there a specific timeline for the division of assets in a Nebraska divorce?
The timeline for dividing assets in a divorce will vary depending on the complexity of the assets involved and the level of cooperation between spouses. For a better understanding of the timeline for dividing assets, reach out to an experienced divorce attorney.
Contact an Experienced Divorce Attorney Today
The timeline for a divorce in Nebraska can vary widely, from the minimum statutory period of 60 days for uncontested cases to several months or even longer for complex or contested situations. While it's impossible to predict exactly how long a divorce will take, understanding the grounds for divorce and the factors that can influence the timeline can help set realistic expectations.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., we are committed to providing you with comprehensive guidance throughout your divorce. If you're considering filing for divorce, reach out to our experienced family law attorneys who can guide you through the process and help you reach a fair resolution as efficiently as possible. Located in Lincoln, Nebraska, we serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
