Filing for divorce is often a complicated and emotional process. However, it can be even more difficult when your spouse is not willing to participate in the divorce proceedings or cannot be located. If you find yourself in this situation, there are specific steps you can take to file for divorce without your spouse's involvement.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., we are experienced in handling divorce and family law cases and stand ready to provide the legal guidance and support you need. Located in Lincoln, Nebraska, we help clients throughout the surrounding areas file for divorce without their spouse's involvement.
Understanding Nebraska Divorce Laws
Nebraska recognizes two types of divorce: contested divorce and uncontested divorce. A contested divorce occurs when both parties do not agree on all issues related to the dissolution of their marriage, such as child custody, division of assets, or spousal support. This often requires mediation or arbitration to help reach a solution, or lengthy court proceedings if the spouses can't agree.
On the other hand, an uncontested divorce is when both parties agree on all issues and are able to come to a mutual agreement without involving the court. Uncontested divorces often take less time and money since they are typically resolved faster and without the need for additional intervention.
Grounds for Divorce in Nebraska
Nebraska is a "no-fault" divorce state. This means that neither spouse needs to prove fault for the breakdown of the marriage. In Nebraska, you only need to cite an "irretrievable breakdown of the marriage" to file for divorce. However, some common reasons that could lead to an irretrievable breakdown include:
Impotency
Adultery
Extreme cruelty
Wilful desertion or absence from either party for at least two years
Imprisonment for a crime
In Nebraska, you can file for divorce without your spouse's involvement if you have lived in the state for at least one year. If you and your spouse have lived apart for at least two years, you can file for divorce even if only one of the spouses has lived in Nebraska during that time.
How to File for Divorce Without Your Spouse
If you want to file for divorce without your spouse's involvement in Nebraska, there are certain steps you will need to take. However, it's important to first consult with an experienced divorce attorney who is familiar with Nebraska divorce law. An experienced attorney can help you understand your rights, obligations, and options and advocate for your interests on your behalf.
Prepare the necessary paperwork: With the help of an attorney, you will need to complete a Complaint for Dissolution of Marriage form which outlines the details of your marriage, grounds for divorce, and any other relevant information. You will also need to complete a Summons form. These forms can be found online or at your local courthouse.
File the paperwork with the court: Once you have completed the necessary forms, you will need to file these documents with the district court in your county. As of July 1, 2024, there is a filing fee of $160. However, if you can't afford it, you can ask for a fee waiver.
Serve the divorce papers to your spouse: Nebraska law requires that your spouse receives notice of the divorce proceedings. Even if your spouse is not cooperating or cannot be located, it's important to properly serve the divorce papers. This can be done by mail or through personal service by someone over 19 years old who is not involved in the case.
Fulfill legal notice requirements: In cases where your spouse cannot be located, Nebraska law may require you to complete additional steps to fulfill the legal notice requirements. Your attorney can help you explore alternative methods to serve the papers, such as through publication or certified mail.
Wait for a response: Your spouse has 30 days to respond after being served with the divorce papers. If they do not respond within this period, you may proceed with an uncontested divorce.
Attend mediation if necessary: If your spouse does respond and contests the divorce, you will likely have to attend mediation to try to reach a resolution on any outstanding issues. Your attorney will be able to help with any formal mediation proceedings.
Finalize the divorce: If your spouse cannot be located or refuses to respond, your divorce will likely be concluded. Your attorney can walk you through what you can expect.
The Importance of Legal Representation
When filing for divorce without your spouse's involvement, experienced legal representation is crucial. An experienced family law attorney can provide you with the guidance, support, and advocacy necessary to protect your rights and ensure a fair resolution. They can also handle challenges that may arise and advocate for your best interests on your behalf.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., our dedicated divorce attorneys have extensive experience in handling divorce cases, including those involving uncooperative spouses. We are committed to providing you with compassionate and knowledgeable legal representation throughout the divorce process.
Seeking a Divorce Attorney's Assistance
Filing for divorce in Nebraska without your spouse's involvement can often be complicated and stressful. However, a skilled divorce attorney can help alleviate some of the uncertainty. At Anderson, Creager, and Wittstruck, P.C., L.L.O., we have the knowledge and resources to guide you.
If you are considering filing for divorce without your spouse or have questions about Nebraska divorce laws, we are here to help. Contact our experienced family law attorneys to schedule a consultation. Located in Lincoln, Nebraska, we proudly serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
