Nebraska DIY Divorce: A Complete Guide

Nebraska is a no-fault state where the only ground for divorce is that the marriage is "irretrievably broken." There are no fault-based grounds to argue over, which simplifies the DIY path. You file in the District Court of the county where either spouse lives, pay a statewide $164 filing fee, and wait at least 60 days after service before the court can enter a decree. The Nebraska Judicial Branch provides free forms and step-by-step instructions for both divorces with and without children. For a complete checklist of what to prepare, see our Nebraska divorce filing checklist.

Residency Requirements

Under Neb. Rev. Stat. § 42-349, at least one spouse must have been an actual resident of Nebraska with the intention of making it a permanent home for at least one year before filing. An exception applies if the marriage was solemnized in Nebraska and either spouse has lived in the state continuously since the wedding. Military members stationed in Nebraska for one year also qualify. You file in the District Court of any county where either spouse resides.

Required Court Forms

The Nebraska Judicial Branch provides all divorce forms free through its Self-Help center. Core forms for a divorce without children include:

• DC 6:4.1 Complaint for Dissolution of Marriage (without children)
• DC 6:4.3 Voluntary Appearance (waives formal service if your spouse cooperates)
• DC 6:5.11 Confidential Employment and Health Insurance Information
• DC 6:5.12 Social Security, Gender, and Birth Date information
• Vital Statistics Certificate of Dissolution

For divorces with children, use DC 6:5.1 (Complaint with Children), the Financial Affidavit (DC 6:5.2), and a written Parenting Plan.

E-Filing Through JUSTICE

Nebraska's statewide case management and e-filing system is called JUSTICE (Judicial User System To Increase Court Effectiveness). Attorneys must e-file through the Nebraska.gov portal. Self-represented parties may file on paper at the clerk's office or register to e-file online. Note that initial service of the summons and complaint cannot be done electronically even if you e-file the documents themselves.

Service of Process Options

Your spouse must receive notice of the divorce filing. Nebraska allows several methods:

• Personal service by a sheriff or process server
• Residence service left at the spouse's home with a suitable adult
• Certified mail with a signed return receipt
• Voluntary Appearance (DC 6:4.3) signed by the spouse, which eliminates the need for formal service entirely

The Voluntary Appearance is the cheapest and fastest option when your spouse cooperates. If you cannot locate your spouse, you may petition the court for service by publication.

Filing Fees and Fee Waivers

As of July 2025, the statewide District Court dissolution filing fee is $164. Additional costs may include sheriff service fees ($20–$50) and certified copy fees. If you cannot afford the filing fee, you may request to proceed in forma pauperis using the Judicial Branch's affidavit and application forms, which waive fees based on financial need.

The 60-Day Waiting Period

Under § 42-361, no dissolution case may be heard until at least 60 days after service is perfected. In fully agreed cases, the court may enter a decree without a hearing if both spouses waive it in writing, certify the marriage is irretrievably broken, and submit a complete settlement. For a full timeline breakdown, see our Nebraska divorce timeline guide.

Cases with Minor Children

Nebraska's Parenting Act adds requirements when children are involved. Both parents must complete a mandatory parent education course approved by the State Court Administrator. You must also file a written parenting plan addressing legal custody, physical custody, and parenting time. If parents cannot agree on a plan, the court may order mediation or specialized ADR. For more on how contested and uncontested cases differ, see our Nebraska uncontested vs. contested divorce guide.

When to Consider an Attorney

DIY divorce works best when both spouses agree on all issues and the case is straightforward. Consider hiring a Nebraska family law attorney if your case involves:

• Significant marital property (real estate, business interests, retirement accounts)
• Contested custody or parenting time disputes
• Domestic violence or protection order issues
• Alimony or complex debt allocation

Many Nebraska attorneys offer limited-scope representation—reviewing your settlement agreement or coaching you through the process—for a fraction of the cost of full representation.