A divorce in Omaha can take a minimum of 90 days and up to a year or several years. Many people want their divorce to be as efficient as possible, but many factors influence how long the process takes. An experienced Omaha, Nebraska divorce lawyer can help you determine the right legal route to take your divorce.
Meeting the Basic Divorce Requirements
The first potential issue occurs if you or your spouse do not meet the residency requirements to file for a divorce. To get a divorce, one of the following must be true:
- You or your spouse have been a resident of Nebraska for a minimum of 12 months.
- You and your spouse were married in Nebraska, the marriage occurred less than 12 months ago, and you have lived in the state since you were married.
If you do not meet these requirements, you must wait to file for divorce until you do meet them. This could potentially take significant time.
Once you meet the residency requirements and can file for divorce, there are still other hang-ups. If there are no complications in your case, like litigation or lengthy negotiation, you will still have to follow the state’s waiting periods before your divorce is finalized.
Nebraska has two waiting periods. The first requires that there be 60 days between filing for divorce and the first in-court hearing. Once the divorce decree has become a court order, it will be finalized 30 days later. This means that if a couple’s divorce decree is entered on the first court hearing, the minimum amount of time it will take is 90 days to finalize. Any delays in court scheduling or agreement negotiations can extend this timeframe.
Complex Challenges in a Case
Complex issues that need to be resolved will lengthen the time it takes to resolve a divorce. A divorce where a couple has children will take longer, even when parents are attempting to work together for their children’s benefit. Both parents want to spend time with their children, and practical concerns can sometimes impact parenting plans. Additionally, the plans must be approved by the court as being in the child’s interests.
Divorces where couples have complex assets or high-value assets will also take longer to resolve. All divorces require the inventorying and appraisal of all marital and separate assets. This process takes much longer and requires more professional help when assets are complex. A marital agreement can speed this up, however.
Any disputes over any aspect of the divorce will also prolong it.
Uncontested and Contested Divorces
An uncontested divorce occurs when spouses agree on property division, spousal support, child support, and child custody. This speeds up the proceedings considerably, and it may even mean that couples only have to attend one court hearing to get approval for their separation agreement. As long as the agreement is fair to both parties and in the interests of any children, the court will approve the agreement.
Contested divorces occur when couples do not agree on the terms of their separation. Although these divorces can be handled in or out of court, they often take much more time to resolve. Spouses who have difficulty reaching agreements and compromises will have to take additional time beyond the waiting period to reach a conclusion to their separation agreement or settle the case in court.
Litigation or Alternative Dispute Resolution
Spouses can negotiate the terms of their divorce through alternative dispute resolution (ADR) or through litigation, and this severely impacts the length of their divorce. ADR is usually resolved much more efficiently.
An in-court divorce will likely require multiple court dates, and each must fit into the court’s schedule. If the court where your divorce is filed is incredibly busy, this can make your divorce take a lot longer. Court divorces also place spouses at odds, which can increase contentious relations. Trial divorces can take years to resolve.
Finding the Right Attorney
It’s important to work with the right divorce lawyer, as a good attorney can protect your rights, help negotiate a fair separation agreement, and speed up the process.
FAQs
Q: How Long Does It Take to Finalize a Divorce in Nebraska?
A: The amount of time a divorce takes depends on several factors, including whether spouses agree to the divorce or are willing to compromise on the important components of the divorce. Cases resolved out of court are typically much faster. Cases that are litigated take much longer to resolve, sometimes as much as several years.
Once a final court order has been reached, or the court has approved a separation agreement, the divorce is then finalized 30 days after it is entered into the court.
Q: What Is the Waiting Period for Divorce in Nebraska?
A: The waiting period between one spouse filing for divorce and the court allowing a hearing for the case is 60 days. This amount of time exists to allow for the potential of reconciliation. Although the court will allow a hearing after 60 days, some factors can prolong the process. Complicated issues in a separation agreement or the need for several court dates can lengthen this process. Once the final agreement is entered into the court, there are 30 days before it becomes finalized.
Q: What Is the Fastest Way to Get a Divorce in Nebraska?
A: An uncontested divorce is typically the fastest way to resolve a divorce. This means that spouses agree on the important aspects of a separation agreement, including:
- How assets and debts are divided
- Whether spousal support is awarded
- How child custody is split
- The assignment of child support
Spouses may reach these agreements through mediation or collaborative divorce. When spouses do this amicably or with the willingness to compromise, it is more likely to be resolved quickly. As long as the family court approves the agreement, a couple can get divorced as quickly as the waiting periods allow.
Q: How Long After Divorce Can You Remarry in Nebraska?
A: You must wait 6 months after a divorce decree or separation agreement is entered as a court order to remarry. Although the divorce is finalized 30 days after it becomes a court order, Nebraska law requires 6 months to pass before remarriage is allowed. If you are unsure whether you can be legally remarried, talk with an Omaha, Nebraska divorce attorney.
Using the Right Method for Your Divorce
For compassionate and personalized legal support during your divorce, contact Stange Law Firm today.
