There are multiple avenues you can take to pursue a divorce in Nebraska, but none of them are going to be as easy as you might hope. Ultimately, whether your divorce is contested or uncontested, it is still the end of your marriage. It can be hard to come to terms with that, and you may have to prepare yourself for some emotional turmoil. Pursuing an uncontested divorce is definitely the easier of the two, and an Omaha divorce lawyer can prepare you for it.
The Benefits of an Uncontested Divorce
When you pursue a divorce, an uncontested divorce is easily the preferable avenue. In an uncontested divorce, both partners come to a mutual realization that the marriage is over. They may have attempted to figure things out in the past but, ultimately, nothing worked. The only way forward is divorce. With that in mind, both partners are in agreement and willing to work together to make their divorce as amicable as possible.
Through an uncontested divorce, you might protect the bulk of your finances, since you won’t have to deal with endless rounds of litigation. You and your spouse may not even need to deal with the courts, except at the end of the process, if you can sit down and hash out the complications between yourselves. You can come to a mutually beneficial agreement regarding child custody arrangements, asset division, and even spousal support. It can be relatively cheap and timely.
The Hazards of a Contested Divorce
On the other side is a contested divorce, which many divorcees may view as the worst-case scenario. Contested divorces are often the result of years of resentment, anger, and disappointment. When one spouse files for divorce, the other may view it as a betrayal. The jilted spouse may then seek to make the other spouse’s life miserable by dragging out the divorce and trying to make it as expensive and time-consuming as they possibly can. You don’t want this.
Regrettably, many people on the verge of divorce don’t get to choose which divorce they end up getting. If that were the case, most people would probably go with an uncontested one, as it’s generally much cheaper and less emotionally draining. An uncontested divorce allows both partners to work together for their own respective futures.
The Uncontested Divorce Process in Nebraska
When you decide that an uncontested divorce is the way forward for you and your spouse, it’s important that you fulfill the required steps accurately. The process for an uncontested divorce in Nebraska is far less complicated and stress-inducing than the one involved in a contested divorce, but that doesn’t make it any less important or legally binding. Here are some of the important steps in the uncontested divorce process in Nebraska:
- File the Paperwork: Getting an uncontested divorce begins with filing the proper paperwork in the right county. You must also be a resident of Nebraska for at least a year before filing. You have to file a Complaint for Dissolution of Marriage, pay the filing fee, and wait 60 days for the paperwork to be approved. Your spouse has 30 days to respond to your divorce petition.
- Negotiations: During the 60-day waiting period, you and your spouse may want to use that time to negotiate everything that needs to be discussed. This includes working out parenting plans, dividing up your assets, and deciding whether spousal support is needed or not. Whatever you agree on can be given to a judge, who will consider it.
- Attend a Hearing: Finally, after 60 days, you will need to attend a formal hearing, where you present your case and divorce agreement to a judge. If the agreement is fair and you’ve filled everything out correctly, the judge will grant your divorce.
FAQs
Q: Should I Hire a Lawyer for My Uncontested Divorce?
A: While you aren’t legally required to hire a lawyer to represent you in an uncontested divorce, it is still highly recommended that you hire one anyway. You should have a legal professional by your side whenever you are dealing with legal strife. You don’t know when a setback could arise or your divorce could turn contested. Having a lawyer can give you peace and reassurance.
Q: Can Mediation Help With an Uncontested Divorce?
A: Yes, mediation can help with an uncontested divorce. It can assist couples who are amicable but have disagreements about some aspects of their divorce. A mediator is a neutral party who guides discussions without taking sides. Although their services will cost more than if the couple could work their issues out themselves, mediation is still less expensive than contested litigation.
Q: Will My Divorce Be Expensive?
A: Expensive is very much a relative term. One cannot determine beforehand whether a divorce will be expensive. However, if you are pursuing an uncontested divorce, there is a very strong chance it will cost considerably less than a contested one. You aren’t dealing with litigation costs, and you might not even need to go to court more than once. A skilled Omaha divorce attorney can give you a breakdown of what your total costs will be.
Q: Is Nebraska a 50/50 State for Asset Division?
A: No, Nebraska is not a 50/50 state for asset division. Nebraska courts follow equitable distribution when dividing assets. Through this model, the court will divide all marital assets as fairly as possible, making sure each spouse gets what the court considers a fair split. This may not always be an equal split, as the court considers what each partner put into the marriage and any misconduct that affects marital property.
Q: What Happens If You Hide Money in a Divorce?
A: Hiding money in a divorce is illegal, and the court may consider it an act of fraud. You could face severe legal penalties on top of a negative impact on your divorce settlement. When you get divorced, it is your responsibility to be totally transparent about your finances. If it’s discovered you are hiding money, the court will now view you differently.
Contact Us Today
The legal team at Stange Law Firm can help you work through your uncontested divorce and make sure nobody tries to take advantage of you. Contact us to speak to a valued team member about your Omaha divorce case.
