Nebraska Divorce Records

Divorce in Nebraska is a formal legal process that ends a marriage. The process starts by filing a Complaint for Dissolution with the District Court Clerk in the county where you or your spouse lives. In Nebraska, one spouse must have lived in the state for a year before filing. The state is typically a no-fault state, meaning neither party must prove fault or wrongdoing for their marriage to be dissolved. Divorce records in Nebraska are generally public. They can be accessed in person, online, or by mail. As of 2022, divorce rates in the state were higher than in the United States. The state recorded 2.6 divorces per 1,000 residents, while the national average was 2.4 divorces per 1,000 residents.

What are Divorce Records?

Nebraska divorce records are legal documents that provide comprehensive details about a marriage's dissolution. These records encompass divorce certificates, decrees, and court case files.

Nebraska divorce records serve multiple purposes, acting as vital legal documents for the government and the individuals involved in the divorce. They establish proof of identity when obtaining essential documents such as driver's licenses, Social Security cards, and passports and enrolling in educational or leisure activities. Furthermore, they are utilized to claim retirement benefits and life insurance. Additionally, Nebraska divorce records offer critical statistical data, enabling researchers and the government to analyze trends in marriage and divorce rates.

Nebraska divorce records are generated when a spouse files the Complaint for Dissolution with the Clerk's Office of the District Court and conclude when the decree is filed in the same office. The District Court Clerk handling the case meticulously records and documents all proceedings between these two actions as divorce records. It is pertinent to note that divorce certificates in Nebraska are submitted to the Vital Records Office and the Department of Health and Human Services. At the same time, the court retains other types of divorce records.

These records generally include the following information:

The full names of the parties involved in the divorce
The address of the parties involved in the divorce
The date on which the marriage occurred
The date when the divorce was finalized
Grounds for the divorce
Details about the settlement, such as alimony, property division, child custody, and child support arrangements
The court in which the case was filed
The court-assigned number for tracking and reference

Are Divorce Records Public in Nebraska?

Divorce records in Nebraska are designated as public records, allowing members of the public to submit formal access requests. However, certain divorce records, especially certificates, are considered vital. As with other state vital records, access to these records may be restricted to individuals with direct or legitimate interests. In adherence to the Nebraska public records law, individuals seeking access to divorce records are required to provide substantiated claims and satisfy the conditions set forth by the custodian of the records. Nonetheless, the original divorce petition and final divorce decrees are typically available for public perusal, offering essential information such as the parties' names, the date of petition filing, and the grounds for dissolution.

Additionally, motions filed by either party and court-issued orders, such as temporary support, property division orders, and custody arrangements, are generally accessible to the public. Nebraska's divorce records can be accessed via in-person requests, online channels, or mail.

Divorce Stats and Rates in Nebraska

According to the National Center for Health Statistics, Nebraska's divorce rate was higher than the national average in 2022. Nebraska recorded 2.6 divorces per 1,000 persons. Between 2017 and 2022, the divorce rate reduced from 3.0 divorces per 1,000 residents to 2.6 divorces per 1,000 residents.

According to a report published by the Nebraska Vital Records Office, Department of Health and Human Services, in 2016, 50% of divorces in the state involved children, and about 5,562 children were affected by these divorces. Child support was the most type of settlement awarded in divorce proceedings in the state, and Douglas County had the most divorces, with 4,107 cases.

Grounds for Divorce in Nebraska

Nebraska operates as a no-fault divorce state, meaning neither party must prove fault or wrongdoing for their marriage to be dissolved. In this state, the only ground required for obtaining a divorce is to assert that the marriage is irretrievably broken despite all attempts at reconciliation. The divorce petition can be initiated by one or both parties. If the divorce is uncontested or if both parties have come to a mutual agreement, the court has the authority to enter a decree of dissolution after a waiting period of 60 days without the necessity of holding a hearing. However, in the case of a contested divorce, a hearing will be conducted to evaluate whether the marriage is genuinely irretrievably broken. Finally, once the judge signs the decree of dissolution and files it with the Clerk’s Office, the divorce is officially granted. This comprehensive approach ensures fair and just proceedings for all parties involved in the divorce process.

How to File for Divorce in Nebraska

To file for divorce in Nebraska, you need to meet residency requirements. After that, you must file a Complaint for Dissolution with the District Court Clerk in the county where you or your spouse lives. You must also complete a Vital Statistics Certificate of Dissolution of Marriage or Annulment. If you have children, you and your spouse must create a written parenting plan covering legal custody, physical custody, and parenting time.

Once the court receives the complaint, you will receive a case number, which you must use on all future documents filed with the court. You must then officially notify your spouse about the Complaint, which is called "service of process." This can be done by agreement, in the form of a Voluntary Appearance, or by filling out a request for a Summons, called a "Praecipe." Your spouse has 30 days after being served to respond in writing to your Complaint with the court. You can ask the court to hear your divorce case after 60 days from the time your spouse was served. Contact the District Court Clerk to schedule your divorce case's hearing date and time.

Once scheduled, inform your spouse about the hearing. Prepare a decree of marriage dissolution to present during the hearing. The divorce decree will be signed after you and your spouse testify, and the judge reviews the necessary documents. The divorce will be final 30 days after the hearing. Remember, you can only remarry for at least six months, and one day has passed since the date the decree was signed by the Judge and filed with the Clerk's.

Nebraska Divorce Decree

Nebraska's divorce decree is a legal document signed by a state District Court Judge to formally terminate a marriage. It is a court order that marks the official termination of a marriage and outlines the rights and responsibilities of the parties involved. This encompasses all the terms agreed upon in an uncontested divorce or the court's decisions in a contested divorce, such as alimony, property division, custody, child support, visitation, and more. Parties may require copies to review roles or petition to modify specific terms. Copies can be obtained solely from the Clerk of the District Court where the divorce was heard. In some counties in the state, the courts provide online access, allowing members of the public to retrieve divorce decrees as part of divorce records maintained by the courts. Nonetheless, in other jurisdictions, individuals may need to visit the courthouse to make in-person requests.

How to Find and Access Nebraska Divorce Records

The process for obtaining divorce records in Nebraska varies depending on the specific type of records required. All divorce certificates in Nebraska are archived by the state's Vital Records Office, under the jurisdiction of the Department of Health and Human Services. To request a divorce certificate, individuals must either be involved in the divorce or provide evidence of a parental relationship to one or both parties listed on the divorce records. This can be demonstrated by submitting a birth certificate containing the name of at least one of the involved parties as a parent.

Upon acceptance of the provided proof, applicants can request the divorce certificate online or download, complete, and submit a request form to the Nebraska Department of Health and Human Services. It is important to note that specific fees are associated with requesting a divorce certificate within the state. In addition to divorce certificates, other divorce records are housed in the District Court where the case was filed. Requests for these records must be made through the District Court Clerk in the county where the case was adjudicated. Access to divorce records from the District Courts is available both offline and online.

Offline Access

To obtain divorce records from Nebraska District Courts in person, you must visit the office of the District Court Clerk in the county where the divorce was concluded to file a formal request. It is important to note that there may be associated fees and specific requirements for obtaining these records, including providing valid identification and completing requisite documentation. Therefore, contacting the Clerk's Office in advance is strongly recommended to ensure that all necessary prerequisites are fulfilled before visiting the office, facilitating a smooth and efficient process.

Online Access

The Nebraska case information portal offers the facility to access unsealed divorce records. This online platform grants users the ability to retrieve court records from the Nebraska judiciary. This resource provides an efficient and accessible means for obtaining pertinent information.

References

Counties in Nebraska

List of Content

What are Divorce Records?
Are Divorce Records Public in Nebraska?
Divorce Stats and Rates in Nebraska
Grounds for Divorce in Nebraska
How to File for Divorce in Nebraska
1. Nebraska Divorce Decree
How to Find and Access Nebraska Divorce Records
1. Offline Access
2. Online Access