Divorces are often emotionally and financially draining, and spouses usually want to find ways to resolve their divorce as quickly as they can. Understanding what factors can lengthen or complicate your divorce can help you estimate how long the process may take. The support of a Lincoln, NE, divorce attorney can make your divorce go more smoothly and give you a more accurate picture of how long the process may take.
Nebraska Divorce Residency Requirements
Before a couple can even file for divorce, one or both of them must meet the residency requirements in the state. In Nebraska, the residency requirements mean that either:
- One spouse must have been a resident of the state for one year and intended to live there permanently.
- The marriage occurred in the state, and one of the parties has lived in the state since the marriage.
- One spouse was stationed as part of the armed forces in the state for a year or more or since the marriage if it occurred in the state.
If either you or your spouse does not meet these state residency requirements and the residency requirements of the county you are filing in, you will have to wait until you do. For some couples, this can significantly lengthen the time before they can get a divorce.
Waiting Period Before Divorce Finalization in Lincoln
Nebraska also has a set waiting period of 60 days. This waiting period begins when the divorce papers are served to the respondent spouse. For 60 days after this, the court will not schedule a hearing if the divorce is litigated and will not enter a divorce decree if the couple negotiated their decree.
What Makes a Divorce More Complicated?
It is rare for divorces to be filed and resolved in these minimum periods of time. When a divorce is more complicated, it will take longer to resolve. Each divorce is unique, and there are certain common reasons that couples’ divorces are frustrating and costly. There are numerous reasons that your divorce may be considered more complicated, including:
1. Contested or Uncontested
Divorces are either contested or uncontested. A contested divorce occurs when spouses do not agree on important elements of their divorce decree, including spousal maintenance, child support, property division, and child custody. Contested divorces may be handled in or out of court, but both options tend to be longer than an uncontested divorce.
An uncontested divorce means spouses agree on the elements of the agreement, making the process of negotiation much smoother. Spouses can discuss the specifics before entering the divorce decree to the court, which the court will accept as long as it is fair and in the children’s interests.
2. Litigation
If a contested divorce is litigated, it will take much more time to resolve. Litigated divorces are often more contentious, making them harder to resolve. Couples may need numerous court dates before the court makes a decision, and when these dates are scheduled will depend on how busy the court is and the availability of its schedule.
3. Complex and High-Value Assets
Property division is an important part of any divorce, so having more assets means the divorce can take much longer. Spouses must inventory all separate and marital assets and have them appraised in order to determine a fair separation of assets and debts. If couples own a business, have high-value assets, or other complicated factors, this process takes much longer and can require more costly financial professionals.
4. Having Children
Divorces where there are minor children involved will be fundamentally more complicated. On top of property division and spousal support decisions, couples must determine custody, and child support and create an in-depth parenting plan. A parenting plan must address a daily and yearly parenting time schedule and many important decisions. The plan must also be approved by the court.
FAQs
Q: How Long Does a Divorce Take to Finalize in Nebraska?
A: How long a divorce takes to finalize in Nebraska will vary, but there is a minimum waiting period of 60 days after the papers are served to dissolve the marriage before a hearing will be scheduled. This is the minimum time a divorce takes, and it can take much longer.
If spouses have not created a separation agreement that the court approves within that time, then they cannot be divorced until they do. If spouses are litigating their divorce, the process can take even longer, especially in contentious divorces.
Q: What Is the 60-Day Waiting Period for Divorce in Nebraska?
A: The 60-day waiting period for divorce in Nebraska is the amount of time from the day the divorce papers are served to the respondent until divorce proceedings can begin. After this waiting period, the court may hear the case if it is litigated, or the spouses may submit a divorce decree if the divorce is negotiated. This waiting period exists to ensure couples make the decision to end their marriage with full certainty.
Q: What Is the Fastest Way to Get a Divorce in Nebraska?
A: The fastest way to get a divorce in Nebraska is to get an uncontested divorce outside of court. An uncontested divorce is possible when spouses agree they should get a divorce and agree on the major aspects of their divorce decree. This includes property division, child support, child custody, and spousal maintenance.
While couples may still need to discuss important specifics, an uncontested divorce is much easier to resolve than a divorce where spouses have to negotiate and compromise on each part of their decree.
Q: What Does It Cost to Get Divorced in Nebraska?
A: The cost of getting divorced in Nebraska varies significantly. Some costs to consider include:
- Filing fees
- Court costs
- Fees for serving papers
- Property appraisal fees
- Mediator fees
- Attorney fees
- Financial professional costs
- Forensic accountant costs
Divorces that go through the court are going to be more costly. There are more court fees, attorney fees are more expensive, and the case is usually much longer, increasing most of the costs over time. Costs are also greater when couples have complex property or have significant disputes about financial or child-related decisions.
Protecting Your Interests in a Divorce
There is no guaranteed way to have a speedy divorce, but an attorney is very beneficial to resolving the process more quickly while protecting your rights. Contact Stange Law Firm today.
