How to File Your Nebraska Divorce

Step 1: Confirm You Meet Basic Eligibility

Residency. At least one spouse must have lived in Nebraska with the intent to make it a permanent home for at least 1 full year before filing the Complaint. Exception: if you were married in Nebraska and have lived here continuously since the marriage (even if less than 1 year), you may file. See Nebraska Revised Statute § 42-349 (residency).

Grounds. Nebraska is a no-fault state. The only ground for dissolution is that the marriage is irretrievably broken. (Neb. Rev. Stat. § 42-353; § 42-361.)

Pregnancy disclosure. You must disclose in the Complaint whether the wife is currently pregnant, regardless of whether the pregnancy is from the marriage. This is mandatory in every Nebraska dissolution case.

Simple Divorce Criteria — you must meet all of these, otherwise consult an attorney:

• No-Children track: No minor children (under 19), no current pregnancy, no adoptions during the marriage (or all children are 19+).
• With-Children track: Minor children exist, but you and your spouse fully agree on legal custody, physical custody, parenting time, and child support. No disputes.
• No real estate.
• No ongoing business interests.
• All other property and debts can be divided by agreement with full disclosure.
• No pensions or retirement plans to divide.
• No alimony (spousal support) requested by either party.
• The defendant spouse is not on active military duty (federal SCRA rules apply).

Step 2: Gather Information and Decide on Key Issues

Collect: marriage certificate, birth dates and SSNs of both parties and any children, financial information (income, debts, assets), and current addresses for both spouses.

Agree in advance with your spouse on:

• Property division
• Debt allocation
• Custody, parenting time, and child support (if children)
• Name restoration (if either party wants to return to a prior name)

With children: You must create a written Parenting Plan covering legal custody, physical custody, and parenting time. The court must order parties in a Parenting Act case to attend an approved basic parenting-education course. See Nebraska Revised Statute § 43-2928. The law permits delay or waiver for good cause, so follow your court's instructions about attendance and certificates. The Nebraska Judicial Branch lists approved parenting education classes.

Step 3: Prepare the Required Forms

DivorceQuik generates every form you need based on the answers you provide in the questionnaire. You do not need to download anything from the Nebraska Supreme Court website or any other source — every document is prepared for you, ready to print and sign. Compare your packet with the Nebraska Judicial Branch's official Simple Divorce—No Children forms and instructions or Simple Divorce—With Children forms and instructions, as applicable.

The forms generated for your case (the plaintiff is the person filing) include:

• Complaint for Dissolution of Marriage
• Vital Statistics Certificate (HHS-73) — both spouses must provide their information; this is not a plaintiff-only form. Clerks routinely reject single-party HHS-73s.
• Confidential Employment and Health Insurance Information form
• Social Security / Gender / Birth Date form
• With children only: proposed Child Support Calculation and Parenting Plan

Step 4: File the Complaint with the Court

File in the District Court of the county where you or your spouse currently lives. Bring originals plus copies of all forms.

Filing fee: $200 effective July 1, 2026. Confirm the current amount and any additional court costs in the Judicial Branch's official District Court dissolution-fee row. Many Clerks of the District Court only accept cash or check — call the Clerk's office before you go to confirm the exact amount, accepted payment methods, and the number of copies they require. The Nebraska Judicial Branch maintains an official District Court clerk directory with phone numbers and addresses.

If you cannot afford the fee, file an Application to Proceed In Forma Pauperis for a fee waiver.

The clerk will assign a case number and judge. Keep this case number on every future filing. You then have 6 months to serve your spouse, or the case is automatically dismissed (Neb. Rev. Stat. § 25-217).

Step 5: Serve Your Spouse (Official Notice)

Your spouse must be formally notified. In an uncontested case, the easiest and cheapest method is:

• Voluntary Appearance — your spouse signs it, acknowledging receipt and agreeing to proceed. File it with the court. (DivorceQuik provides this form.)
• Alternative: Request a Summons (Praecipe) and have the sheriff serve it (additional fee).
• Last resort (only if your spouse cannot be located): Service by publication in a newspaper. This restricts what the court can order — the court generally cannot enter personal money judgments or, in many cases, personal child-support orders without personal jurisdiction.

Review the Judicial Branch's official Simple Divorce—No Children service instructions or Simple Divorce—With Children service instructions for the packet that applies to your case.

If your spouse lives out of state and will not sign a Voluntary Appearance, stop and get a lawyer — long-arm jurisdiction analysis (especially for child support under UIFSA) goes beyond a simple uncontested case.

Once served, your spouse has 30 days to file an Answer.

Step 6: Complete Remaining Requirements

• With children: follow the court's parenting-education order and its instructions for attendance certificates. A court may delay or waive participation for good cause.
• Parenting Plan, financial affidavits, and child support worksheets must be filed.
• Address changes: If you or your spouse moves, update both the court and, if there is child support, the State Disbursement Unit (the entity that processes the payments). They are not the same database.

Step 7: Wait the Mandatory 60-Day Period

Nebraska law requires a 60-day statutory period after service is perfected before a trial or hearing. For personal service, count from the day after service. For a Voluntary Appearance, count from the day after it is filed with the court; signing it alone does not start the period. See Nebraska Revised Statute § 42-363 (waiting period).

Step 8: Prepare for and Attend the Final Hearing (If Required)

Contact the clerk to schedule a hearing date once the 60-day period has run. Prepare and serve a Notice of Hearing on your spouse. DivorceQuik provides the Decree of Dissolution of Marriage for you — this is the final order the judge will sign.

Most counties will allow a divorce to be entered without a live hearing if the parties file a verified Certificate of Final Hearing (or an equivalent affidavit-based submission) along with all required paperwork. Ask the Clerk of the District Court whether your county requires a courtroom appearance or accepts a written submission. If a hearing is required, the plaintiff (and sometimes both parties) attends a short hearing, testifies briefly under oath, and the judge reviews and signs the Decree. Review the applicable Judicial Branch Simple Divorce—No Children final-hearing guidance or Simple Divorce—With Children final-hearing guidance and confirm local practice with the clerk.

Step 9: Finalize the Divorce — Two Different Clocks

Once the judge signs and the clerk files the Decree, the divorce is granted, but two separate time periods then apply:

• 30 days = appeal window. Either party may appeal during the 30 days after the Decree is entered (Neb. Rev. Stat. § 25-1912).
• 6 months = remarriage bar. Under Neb. Rev. Stat. § 42-372, a Nebraska divorce decree is not "operative" for remarriage purposes until 6 months after the Decree is entered. Until that 6-month period expires, you remain legally married for purposes of marrying anyone else — with one quirk: you may remarry your former spouse during that window if you both change your minds. The conservative rule of thumb is "6 months and 1 day" before remarrying anyone new.

With children: The Decree will include an Income Withholding Order (Neb. Rev. Stat. § 43-1718). Child support is automatically withheld from the paying parent's wages and routed through the State Disbursement Unit. If you are the paying parent, expect your employer to begin the deduction shortly after the Decree is entered.

Request certified copies of the Decree from the clerk (small fee) for name changes, benefits, insurance, and similar uses.

Additional Important Notes

• Local rules vary. Every county's District Court can have minor procedural variations — always check with the clerk.
• If your spouse contests anything, the case becomes contested. You may need discovery, temporary orders, mediation, or trial. Hire an attorney immediately.
• Costs: filing fee $200 effective July 1, 2026 + possible service fees + parenting class (approximately $50-$100 each) + certified copies + attorney fees if used.
• Timeline for a simple uncontested case: typically 3-6 months minimum because of the 60-day waiting period plus scheduling.
• Property division: Nebraska uses equitable distribution (fair, not necessarily 50/50).
• Child support / custody: governed by the Nebraska Child Support Guidelines and the "best interests of the child" standard.
• Name change: Request it in the Complaint (or, if you are the defendant, in the Answer).
• Health insurance: A spouse who is covered on the other spouse's policy will generally lose coverage when the Decree is entered (most plans treat divorce as a qualifying event). COBRA continuation coverage may be available — contact the plan administrator promptly.

Common Pro Se Mistakes That Will Delay Your Case