Nebraska Divorce Timeline: 60-Day Wait Required

If you're considering divorce in Nebraska, one of your first questions is: "How long will this take?" The answer is straightforward: Nebraska has a mandatory 60-day waiting period from service of the divorce papers—with absolutely no exceptions. Combined with the state's 1-year residency requirement, understanding Nebraska's divorce timeline is essential for planning your path forward. Start by gathering all required documents with our comprehensive Nebraska divorce filing checklist.

In this comprehensive guide, we'll walk you through the Nebraska divorce timeline, explain the 60-day waiting period, cover the 1-year residency rule, compare uncontested vs. contested divorce timelines, detail filing fees, and share practical strategies to move your case along as efficiently as possible.

The 60-Day Waiting Period: Nebraska's Non-Negotiable Rule

Nebraska law is crystal clear: no divorce case can be heard or tried until at least 60 days after service of process. This is codified in Neb. Rev. Stat. § 42-363, which states that the court cannot finalize your divorce until day 61—even if both spouses have already signed a complete settlement agreement.

Important timing detail: The 60-day countdown starts when your spouse is officially served with the divorce papers, not when you file the petition. If you file on Monday and your spouse is served on Thursday, the 60-day wait begins on Thursday.

No Exceptions, No Waivers: Unlike some states that allow emergency waivers of waiting periods, Nebraska law does not permit any exceptions to the 60-day rule. Courts cannot waive or shorten it for any reason—not for emergencies, not for hardship, not for mutual agreement. This is an absolute statutory requirement.

Why does Nebraska impose this waiting period? The legislature designed it as a "cooling-off" period, giving couples time to reconsider reconciliation and ensuring that the decision to divorce is final. It also provides time for service of process, financial disclosures, and temporary orders if needed.

The 1-Year Residency Requirement

Before you can file for divorce in Nebraska, at least one spouse must have had "actual residence" in Nebraska for at least one year immediately before filing. According to Neb. Rev. Stat. § 42-349, "residency" means both physical presence in the state and a bona fide intention to make Nebraska your permanent home.

Exception for marriages solemnized in Nebraska:

If your marriage was solemnized (performed/celebrated) in Nebraska, and either spouse has lived in Nebraska continuously from the marriage date to the filing date, you can file immediately without meeting the 1-year rule. This exception is particularly helpful for newlyweds whose marriage didn't work out.

Special rules for military families:

• A service member continuously stationed at a military installation in Nebraska for one year is deemed a Nebraska resident for divorce purposes.
• Nebraska residents on active duty outside the state who intend to return remain domiciled in Nebraska.

How Long Does Divorce Take in Nebraska? Uncontested vs. Contested

The actual time it takes to complete your divorce depends heavily on whether your case is uncontested or contested.

Uncontested Divorce: 60-90 Days

An uncontested divorce occurs when both spouses agree on all major issues—property division, debt allocation, child custody and parenting time (if applicable), child support, and spousal support (alimony).

Typical timeline for an uncontested Nebraska divorce:

1. Day 1: File your Complaint for Dissolution (DC 6:4.1 without children, or DC 6:5.1 with children) and required confidential forms with the District Court.
2. Days 1-7: Serve your spouse (or have them sign a Voluntary Appearance to waive formal service).
3. Days 7-60: Wait for the mandatory 60-day period to expire. During this time, finalize your property settlement agreement and parenting plan (if applicable).
4. Days 45-60: Exchange mandatory financial disclosures (within 45 days if children are involved).
5. Day 61+: Submit your agreed Decree and, if fully agreed, your "Decree Without Hearing" requests (DC 6:4.9 and DC 6:4.10) for the judge's signature.
6. Days 70-90: Judge reviews and signs the decree.

Total time: 60 to 90 days from filing to finalization. Simple cases with minimal assets and no children can finalize in as little as 60 days. Cases with children typically take 75-90 days to allow time for parenting education and parenting plan preparation.

Cost for uncontested divorce: Filing fee is $164 (effective July 1, 2025, statewide). If you're self-represented and both spouses cooperate, total out-of-pocket costs are often under $300. If you hire an attorney for limited-scope representation to draft your settlement agreement, expect to pay $500-$1,500.

Contested Divorce: 6-12 Months (or Longer)

A contested divorce means you and your spouse disagree on one or more significant issues—custody, child support, spousal support, or how to divide property and debts. Nebraska law provides robust procedures for litigating these disputes, but the process takes considerably longer.

Typical timeline for a contested Nebraska divorce:

1. Month 1: File petition; serve spouse; spouse files answer within 30 days and potentially a counterclaim.
2. Months 1-2: Request temporary orders (custody, support, exclusive use of home). Courts may issue ex parte orders with proper affidavits.
3. Months 2-3: Mandatory disclosure exchange if children involved (income/expense statements, property/debt schedules).
4. Months 2-4: Parent education (if children) and court-ordered mediation or "specialized ADR" for parenting plans (mandatory unless waived for good cause).
5. Months 3-6: Discovery phase—depositions, business valuations, custody evaluations, expert reports.
6. Months 6-8: Continued negotiations, settlement conferences.
7. Months 8-10: Pretrial conference and final trial preparation.
8. Months 10-12: Trial (may be continued if custody evaluations or valuations are delayed).
9. Months 12+: Judge issues findings of fact and final decree.

Total time: 6 to 12 months is typical for contested divorces with moderate complexity. High-conflict custody battles, complex property divisions (business valuations, pension divisions), or cases requiring multiple expert witnesses can stretch beyond 12 months—sometimes up to 2 years for the most complex cases.

Cost for contested divorce: Filing fees remain $164, but attorney fees add up quickly. Expect $3,000 to $10,000+ in legal fees for a contested divorce, plus additional costs for mediators ($150-$300/hour split between parties), appraisals ($500-$3,000), custody evaluations ($2,000-$5,000+), and other expert fees.

Nebraska Divorce Requirements and Process

Grounds for Divorce

Nebraska is a no-fault only state. The sole ground for divorce is that the marriage is "irretrievably broken." According to Neb. Rev. Stat. § 42-361, if both spouses swear the marriage is irretrievably broken, or one swears it and the other does not deny it, the court will make the finding after a hearing. You do not need to prove wrongdoing or fault.

Nebraska does not recognize separate "fault" grounds (such as adultery, abandonment, or cruelty) for dissolving a marriage. The judge focuses on what's best moving forward, not who was at fault for the breakdown.

Venue: Where to File

You can file in the District Court of any county where either spouse resides. There is a District Court in every Nebraska county, so you have flexibility. Per Neb. Rev. Stat. § 42-348, the court has statewide jurisdiction over marital property located anywhere in Nebraska.

Required Forms

Nebraska requires specific forms and disclosures. All official forms are available from the Nebraska Judicial Branch website:

With minor children:

• Complaint for Dissolution with Children (DC 6:5.1)
• Vital Statistics Certificate (Bureau of Vital Statistics worksheet)
• Confidential Employment and Health Insurance Information (DC 6:5.11)
• Social Security, Gender, Birth Date(s) (DC 6:5.12)
• Financial Affidavit for Child Support (DC 6:5.2)
• Parenting Plan (required for custody/time-sharing)
• Child Support Worksheet (using Nebraska Child Support Guidelines)

Without minor children:

• Complaint for Dissolution without Children (DC 6:4.1)
• Vital Statistics Certificate
• Confidential Employment and Health Insurance Information (DC 6:5.11)
• Social Security, Gender, Birth Date(s) (DC 6:5.12)

Service of Process

After filing, you must serve your spouse with a copy of the summons and complaint. Options include:

• Personal service: Delivering the summons directly to your spouse.
• Residence service: Leaving it at their usual residence with someone of suitable age/discretion who lives there.
• Certified mail service: Mailing within 10 days of summons issuance; file proof with the signed return receipt.
• Voluntary Appearance: Your spouse can sign Form DC 6:4.3 to waive formal service—the simplest and cheapest option for uncontested cases.
• Service by publication: If your spouse cannot be located with due diligence, you may seek court permission to publish notice in a newspaper for three consecutive weeks.

Cost to File for Divorce in Nebraska

Understanding the financial costs upfront helps you budget for your divorce. Here's a breakdown of Nebraska divorce filing fees and related costs:

Filing Fees (Docket Fees)

As of July 1, 2025, the statewide filing fees are:

• Dissolution of Marriage: $164
• Domestic relations complaint (paternity/support/custody/visitation): $154
• Post-decree modification: $65

These amounts are set on the Nebraska Judicial Branch's statewide fee schedule and are uniform across all 93 counties.

Fee Waivers for Low-Income Filers

If you cannot afford the filing fee, you may file an Application to Proceed In Forma Pauperis along with an affidavit detailing your income, assets, and expenses. If the court grants your request, you won't have to pay any court costs or fees. This option is especially helpful for individuals with limited income or significant financial hardship.

Additional Costs

• Service fees: $0 if spouse signs Voluntary Appearance; ~$20-$30 for sheriff service; varies for certified mail or publication.
• Parenting education: Provider-set; often $25-$100 per parent (mandatory if children involved).
• Mediation: $150-$300/hour split between parties; some districts offer sliding-scale pricing.
• Appraisals and valuations: Home appraisal ($400-$600), business valuation ($2,000-$5,000+), custody evaluation ($2,000-$5,000+).
• Attorney fees: Hourly rates in Nebraska range from $150-$350+ per hour. Uncontested cases with limited attorney involvement may cost $500-$1,500; contested divorces often run $3,000-$10,000+.

Calculate Your Nebraska Divorce Costs

Use our free calculator to estimate the total cost of your Nebraska divorce, including filing fees, attorney fees, mediation, and other expenses based on your specific situation:

How to Speed Up Your Nebraska Divorce

While you cannot bypass the 60-day waiting period, you can take steps to ensure your divorce proceeds as quickly as possible once the wait is over and decide between litigation or mediation. Here are practical strategies:

1. File Complete and Accurate Paperwork

Errors, missing forms, or incomplete disclosures will cause the court to reject your filing or delay hearings. Use the official Nebraska Judicial Branch forms and double-check every form before filing. Consider using the court's self-help resources and step-by-step instructions.

2. Reach a Settlement Agreement Before Filing

If you and your spouse can negotiate terms in advance—property division, debt allocation, custody, and support—your divorce can be finalized as soon as the 60-day wait expires. Consider working with a mediator or collaborative attorney to draft a comprehensive property settlement agreement.

3. Use Voluntary Appearance to Avoid Service Delays

Have your spouse sign a Voluntary Appearance (DC 6:4.3) to waive formal service. This eliminates the time and cost of sheriff service and speeds up the process. The voluntary appearance is legally equivalent to service and starts the 60-day clock immediately.

4. Complete Parent Education Early

If you have children, both parents must complete a court-approved parenting education class. Schedule this early in the process so it doesn't delay your final hearing. The Nebraska Judicial Branch lists approved providers on their website.

5. Exchange Financial Disclosures Promptly

Nebraska law requires parties to exchange financial disclosures within 45 days after service in cases with children. Have your Financial Affidavit (DC 6:5.2) and property/debt schedules ready early to avoid delays.

Frequently Asked Questions: Nebraska Divorce Timeline

Can the 60-day waiting period be waived in Nebraska?

No. Nebraska law does not permit any exceptions to the 60-day rule. Courts cannot waive or shorten it for any reason—not for emergencies, hardship, or mutual agreement. This is an absolute statutory requirement.

What's the fastest I can get divorced in Nebraska?

The absolute fastest is 60 days from service, assuming you have an uncontested case, complete paperwork, and immediate service. In practice, most uncontested divorces finalize in 60 to 90 days.

How long do I need to live in Nebraska before filing for divorce?

At least one spouse must have been a Nebraska resident for at least one year immediately before filing. Exception: If you were married in Nebraska, and either spouse has lived in Nebraska continuously from the marriage date to filing, you can file immediately.

What makes a Nebraska divorce take longer?

Contested issues (custody, property division, support), discovery disputes, custody evaluations, business valuations, high-conflict litigation, and court calendar delays all extend the timeline. Contested divorces in Nebraska typically take 6 to 12 months, and complex cases can exceed two years.

How much does it cost to file for divorce in Nebraska?

The filing fee is $164 statewide (effective July 1, 2025). Additional costs include service fees ($0-$30), parenting education ($25-$100 per parent), mediation ($150-$300/hour), attorney fees ($500-$10,000+ depending on complexity), and other expenses like appraisals or custody evaluations.

Is mediation required in Nebraska divorce?

For cases with children, if you don't file a compliant parenting plan by the court's deadline, the court shall order mediation or "specialized alternative dispute resolution" unless waived for good cause. Mediators must screen for domestic abuse and use specialized ADR with safety protocols when needed.

Comparison: Nebraska vs. Other States

How does Nebraska's divorce timeline compare to neighboring and notable states?

• Kansas: 60-day waiting period (same as Nebraska), with no separation requirement and no mutual consent needed.
• New Mexico: No waiting period to file, but 30-day wait after service before hearings and 6-month residency requirement.
• Nevada: No waiting period to file OR finalize. Once you establish 6 weeks of residency, you can finalize your divorce immediately—making it the fastest in the U.S.
• Nebraska: 60-day mandatory waiting period (no exceptions), 1-year residency requirement, and no-fault only grounds. A moderate, predictable timeline.

Take Control of Your Nebraska Divorce Timeline

Navigating a Nebraska divorce can feel overwhelming, but understanding the timeline and requirements gives you control over the process. Whether your divorce is uncontested (60-90 days) or contested (6-12 months), knowing what to expect helps you plan financially, emotionally, and logistically.

Key takeaways:

• Nebraska's mandatory 60-day waiting period has NO exceptions—plan accordingly.
• 1-year residency requirement (or married in Nebraska with continuous residence since).
• No-fault only: "irretrievably broken" marriage is the sole ground.
• Uncontested divorces finalize in 60-90 days and cost $164-$1,500 total.
• Contested divorces take 6-12 months (or longer) and can cost $3,000-$10,000+ in attorney fees.
• Filing fees are $164 statewide (effective July 1, 2025).
• You can speed up the process by filing complete paperwork, reaching a settlement agreement, using voluntary appearance, and completing parent education early.