Nebraska Uncontested vs Contested Divorce

If you're considering divorce in Nebraska, understanding the difference between uncontested and contested proceedings can save you significant time, money, and emotional stress. Nebraska law requires only one ground for divorce—that the marriage is "irretrievably broken"—but how you and your spouse handle the process determines whether your case moves quickly or becomes a lengthy legal battle. Understanding online versus traditional divorce can help you navigate uncontested cases more efficiently.

Nebraska Residency and Filing Requirements

Before filing for divorce in Nebraska, at least one spouse must have been a resident of the state for a minimum of one year (365 days). This residency requirement applies regardless of whether you pursue an uncontested or contested divorce. Military personnel stationed in Nebraska may qualify under special provisions.

The filing fee is $164 as of July 1, 2025, which is consistent across all Nebraska district courts. If you cannot afford the fee, you may file an application to proceed in forma pauperis (as a poor person), though approval depends on your financial circumstances.

What Is an Uncontested Divorce in Nebraska?

An uncontested divorce occurs when both spouses agree on all major issues including property division, debt allocation, spousal support, and—if applicable—child custody, parenting time, and child support. This agreement allows the divorce to proceed without trial.

Nebraska has a 60-day mandatory waiting period after the respondent is served before a divorce can be finalized. Many uncontested divorces in Nebraska are completed within 90 days total, assuming proper paperwork and court scheduling.

One key advantage: if your spouse agrees to the divorce, they can sign a Voluntary Appearance form, eliminating the need for formal service by a sheriff or process server and reducing both costs and delays.

What Is a Contested Divorce in Nebraska?

A contested divorce means you and your spouse disagree on one or more significant issues. These disputes require court intervention through hearings, motions, and potentially a full trial. Common contested issues include:

• Division of marital property and debts
• Spousal support (alimony) amount and duration
• Child custody and legal decision-making
• Parenting time schedules
• Child support calculations

Contested divorces in Nebraska typically take 12 months or longer to resolve, depending on the complexity of disputed issues and court availability. To explore typical timeframes, review our Nebraska divorce timeline guide.

Nebraska's Parenting Act Requirements

If you have minor children, Nebraska's Parenting Act imposes additional requirements regardless of whether your divorce is contested or uncontested. Both parents must complete an approved parenting education course focused on helping children adjust to divorce. These courses typically cost $25-$75 and can often be completed online.

Additionally, parents must participate in mediation or alternative dispute resolution (ADR) for custody and parenting time issues before the court will schedule a trial. Many couples find that mediation helps them reach agreements without expensive litigation. The Nebraska Supreme Court provides resources for parents navigating these requirements. Comparing divorce battle versus mediation costs highlights the financial benefits of collaborative approaches.

Cost Comparison: Uncontested vs. Contested

The financial difference between these two paths is substantial:

• Uncontested divorce: $500-$2,500 total (including filing fees, document preparation, and minimal attorney review if desired)
• Contested divorce: $10,000-$30,000+ depending on complexity, number of hearings, and whether the case goes to trial

Attorney fees in Nebraska typically range from $200-$400 per hour for family law matters. A contested case requiring discovery, depositions, and trial preparation can quickly accumulate 50-100+ billable hours.

Estimate Your Nebraska Divorce Costs

Use our calculator below to get a personalized estimate based on your specific situation. Input your circumstances to see potential costs for both uncontested and contested scenarios.

Property Division in Nebraska

Nebraska follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. Courts consider factors including:

• Length of the marriage
• Each spouse's contributions to marital property
• Economic circumstances of each spouse
• Custody arrangements for minor children

In uncontested divorces, spouses negotiate their own division, which the court typically approves if it appears reasonable. In contested cases, a judge makes the final determination after hearing evidence from both sides.

After the Divorce: Remarriage Waiting Period

Nebraska imposes a six-month waiting period after a divorce decree before either party can remarry. This applies regardless of how the divorce was handled. The waiting period can be waived in limited circumstances with court approval.

Steps to File for Divorce in Nebraska

Whether pursuing an uncontested or contested divorce, the initial steps are similar. Our Nebraska divorce filing checklist provides detailed guidance, but here's an overview:

1. Confirm you meet Nebraska's one-year residency requirement
2. Prepare and file your Complaint for Dissolution of Marriage
3. Pay the $164 filing fee
4. Serve your spouse or obtain their Voluntary Appearance
5. Wait the mandatory 60-day period
6. Complete required parenting courses and mediation (if children involved)
7. Submit your settlement agreement or proceed to contested hearings
8. Attend the final hearing for decree entry

Making the Right Choice for Your Situation

While an uncontested divorce is clearly faster and less expensive, it requires both spouses to negotiate in good faith. If your spouse refuses to participate reasonably, hiding assets or making unrealistic demands, a contested process may be necessary to protect your interests.

Many divorces start contested but settle before trial once both parties understand the time and expense involved. Working with a mediator or collaborative divorce professionals can help bridge gaps and potentially convert a contested case into an uncontested resolution.