Nebraska Uncontested Divorce Complaint + Decree Filing Packet

Nebraska Uncontested Divorce Complaint + Decree Filing Packet

Pre-Filing Eligibility and Residency Checklist

☐ At least one spouse has resided in Nebraska for one (1) year immediately preceding filing, OR the marriage was solemnized in Nebraska and at least one spouse has resided in Nebraska from the time of marriage to filing (Neb. Rev. Stat. § 42-349).
☐ The marriage is irretrievably broken (Neb. Rev. Stat. § 42-353).
☐ Venue selected: District Court of the county where either party resides.
☐ Filing fee ready (see local district court schedule; In Forma Pauperis available).
☐ Correct form selected: DC 6:5.1 (with minor children) or DC 6:5.2 (no minor children).
☐ Vital Statistics Certificate of Dissolution prepared.
☐ Confidential Party Information Sheet prepared (SSN, DOB, gender — filed under seal).
☐ CRITICAL — 60-day jurisdictional waiting period: Hearing on the merits may NOT occur until 60 days after perfection of service (or filing of Voluntary Appearance). A decree entered on evidence taken before day 60 is void (Wymore v. Wymore, 239 Neb. 940 (1992)).
☐ CRITICAL — post-decree clocks differ: Except for appeal, remarriage, and health-insurance continuation, the decree generally becomes final and operative 30 days after entry. It is treated as a final order for appeal when entered. Neither party may remarry another person for six months after entry. Neb. Rev. Stat. §§ 42-372 and 42-372.01.

Document 1 — Complaint for Dissolution of Marriage

IN THE DISTRICT COURT OF [_______________________] COUNTY, NEBRASKA

Case No.: CI[__]-[______]

COMPLAINT FOR DISSOLUTION OF MARRIAGE

Petitioner alleges:

1. Residency and Jurisdiction.
Petitioner has been an actual resident in good faith of the State of Nebraska for one (1) year immediately preceding the filing of this Complaint, in accordance with Neb. Rev. Stat. § 42-349. Petitioner currently resides at: [______________________________________].

2. Parties.

3. Marriage.
The parties were lawfully married on [__/__/____] in [City, County, State/Country].

4. Irretrievable Breakdown — Neb. Rev. Stat. §§ 42-347(3), 42-353(8), and 42-361.
The marriage of the parties is irretrievably broken, every reasonable effort to effect reconciliation has been made, and further attempts at reconciliation would be impracticable and not in the best interests of the family.

5. Children of the Marriage.
☐ There are no living minor children of the marriage, and Petitioner is not currently pregnant.
☐ There are the following minor children of the marriage:

6. UCCJEA Information (if children).
The children have lived at the following addresses with the following persons during the past five (5) years:

7. Restraining / Protection Orders.
☐ None known.
☐ The following order(s): [_______________________________].

8. Property and Debts.
The parties have acquired marital property and incurred marital debts during the marriage, which the parties have agreed to divide equitably as set forth in the attached Property Settlement Agreement.

9. Spousal Support / Alimony.
☐ Each party waives alimony.
☐ Alimony is agreed as set forth in the attached Property Settlement Agreement.

10. Restoration of Former Name.
☐ Petitioner requests restoration of the former name: [_______________________________].
☐ Not applicable.

11. Military Status.
☐ Neither party is on active duty in the U.S. Armed Forces.
☐ [Specify].

WHEREFORE, Petitioner prays for:
(a) Decree dissolving the marriage on the ground that it is irretrievably broken;
(b) Approval and incorporation of the Property Settlement Agreement (and Parenting Plan, if applicable);
(c) Equitable division of marital property and debts;
(d) Custody, parenting time, and child support orders consistent with the parties' Parenting Plan and Nebraska Child Support Guidelines, if applicable;
(e) Restoration of former name, if requested; and
(f) Such other relief as the Court deems just.

________________________________________
[PETITIONER NAME], Pro Se
[Address] | [Phone] | [Email]

VERIFICATION

STATE OF NEBRASKA )
COUNTY OF [____________] ) ss.

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in the above-entitled action, that I have read the foregoing Complaint, and that the allegations therein are true to the best of my knowledge.

________________________________________
[PETITIONER NAME]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public — My commission expires: [__/__/____]

Document 2 — Voluntary Appearance / Acceptance of Service

VOLUNTARY APPEARANCE

I, [RESPONDENT NAME], hereby enter my voluntary appearance in this action; acknowledge receipt of the Complaint for Dissolution of Marriage; waive issuance and service of summons; and submit to the jurisdiction of this Court.

I understand that the 60-day waiting period under Neb. Rev. Stat. § 42-363 begins on the date this Voluntary Appearance is filed with the Court.

________________________________________
[RESPONDENT NAME]
Date: [__/__/____]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public

Document 3 — Property Settlement Agreement

PROPERTY SETTLEMENT AGREEMENT

This Agreement is entered between [PETITIONER NAME] and [RESPONDENT NAME] (collectively, "the Parties") on [__/__/____].

1. Recitals

The Parties married on [__/__/____] and ceased cohabitation as spouses on [__/__/____]. The Parties wish to resolve all issues without further litigation pursuant to Neb. Rev. Stat. § 42-366.

2. Real Property

The Party receiving real property shall, within 30 days of the Decree becoming operative, execute and deliver any deeds or transfer documents required.

3. Vehicles

4. Bank and Investment Accounts

5. Retirement Plans

☐ Each Party retains his/her own retirement accounts.
☐ A Qualified Domestic Relations Order (QDRO) shall be entered dividing the following plan(s): [_______________________________].

6. Personal Property

The Parties have already divided their household goods and personal effects to their mutual satisfaction.

7. Marital Debts

The responsible Party shall indemnify and hold the other harmless from any liability on that debt.

8. Spousal Support / Alimony

☐ Each Party waives alimony, past, present, and future.
☐ [Petitioner / Respondent] shall pay alimony of $[_____] per month for [____] months, beginning [__/__/____]. Alimony terminates on death of either Party or remarriage of recipient.

9. Health Insurance

Each Party shall be responsible for his/her own health insurance after entry of the Decree.

10. Income Tax

The Parties shall file [☐ joint / ☐ separate] returns for tax year [____]. Refunds or liabilities shall be split [_____].

11. Mutual Release

Except as set forth herein, each Party releases the other from all claims arising out of the marriage.

12. Full Disclosure

Each Party affirms full and accurate financial disclosure.

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

(Notarize both signatures.)

Document 4 — Financial Disclosure Reference

Each party should complete and exchange (not always filed with the court) a sworn financial affidavit listing:

☐ Gross monthly income from all sources (most recent two pay stubs, last 3 years' tax returns).
☐ Monthly living expenses.
☐ Real property, vehicles, accounts (with balances), retirement plans, businesses.
☐ All debts: mortgages, vehicle loans, credit cards, student loans, tax debts, judgments.
☐ Health insurance details.

Document 5 — Child Support Reference (if children involved)

Nebraska uses an income-shares model under the Nebraska Child Support Guidelines (Neb. Ct. R. § 4-201 et seq.).

Use the official Child Support Worksheets:

• Worksheet 1 — Basic guidelines calculation (combined net monthly income applied to Table 1).
• Worksheet 3 — Joint physical custody (when each parent has the child 142+ days per year).
• Worksheet 5 — Health insurance and childcare adjustments.

Inputs required:
☐ Each parent's gross monthly income.
☐ Federal and state tax deductions; FICA; mandatory retirement.
☐ Health insurance premium for the child(ren).
☐ Work-related childcare costs.
☐ Number of overnights with each parent per year.

Document 6 — Affidavit Re: Children (UCCJEA Affidavit)

If there are minor children, submit a sworn affidavit covering the children's residence history (last 5 years), any pending custody proceedings, and persons claiming custody or visitation rights.

Document 7 — Decree of Dissolution of Marriage

IN THE DISTRICT COURT OF [_______________________] COUNTY, NEBRASKA

Case No.: CI[__]-[______]

DECREE OF DISSOLUTION OF MARRIAGE

THIS MATTER came before the Court on the Complaint for Dissolution of Marriage. The Court has reviewed the pleadings, the Property Settlement Agreement, the Parenting Plan (if applicable), the Child Support Worksheets (if applicable), and the evidence presented. The Court FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Petitioner has been an actual resident of Nebraska for at least one (1) year immediately preceding filing.
3. At least sixty (60) days have elapsed since perfection of service / filing of Voluntary Appearance in compliance with Neb. Rev. Stat. § 42-363.
4. The marriage of the parties is irretrievably broken under Neb. Rev. Stat. § 42-353.
5. Every reasonable effort to effect reconciliation has been made, and further attempts would be impracticable and not in the best interests of the family.
6. The Property Settlement Agreement is not unconscionable and is fair and equitable, and is approved.
7. [If children: The Parenting Plan is in the best interests of the children and is approved. Child support is calculated consistent with the Nebraska Child Support Guidelines.]

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

(a) The marriage of [PETITIONER NAME] and [RESPONDENT NAME] is DISSOLVED.
(b) The Property Settlement Agreement attached hereto is APPROVED and INCORPORATED, but not merged, into this Decree.
(c) Marital property and debts are divided as set forth in the Agreement.
(d) [Spousal support order, if any.]
(e) [Custody, parenting time, child support order — if applicable.]
(f) [PETITIONER NAME]'s former name of [_______________________] is restored, if requested.
(g) STATUTORY NOTICE — DIFFERENT POST-DECREE CLOCKS: Pursuant to Neb. Rev. Stat. §§ 42-372 and 42-372.01, this Decree is treated as a final order for appeal when entered and, except for the statute's appeal, remarriage, and health-insurance rules, generally becomes final and operative 30 days after entry. Neither party may remarry a person other than the other party for six months after entry, subject to the death provision in § 42-372.01(2).
(h) The Court retains jurisdiction to enforce and modify this Decree as permitted by law.

DATED: [__/__/____]

________________________________________
DISTRICT JUDGE

Approved as to Form and Content:

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

Filing Procedure Checklist

☐ Step 1: Confirm Nebraska 1-year residency (Neb. Rev. Stat. § 42-349).
☐ Step 2: Complete Complaint (Form DC 6:5.1 or DC 6:5.2), Confidential Party Information Sheet, and Vital Statistics Certificate of Dissolution.
☐ Step 3: File at District Court Clerk in the appropriate county. Pay filing fee or file Application In Forma Pauperis.
☐ Step 4: Serve Respondent by:

• Voluntary Appearance (Respondent signs — fastest), OR
• Personal service by Sheriff or licensed process server, OR
• Constructive service / publication if location unknown.
  ☐ Step 5: Wait at least 60 days from the date of perfected service / Voluntary Appearance before any hearing under Neb. Rev. Stat. § 42-363. (Any decree based on evidence taken before day 60 is VOID — Wymore v. Wymore.)
  ☐ Step 6: File Property Settlement Agreement, Parenting Plan (if children), Child Support Worksheets (if children), and proposed Decree.
  ☐ Step 7: Attend uncontested hearing (or request hearing waiver per local rules; many districts require brief in-person testimony of Petitioner).
  ☐ Step 8: Obtain certified copy of Decree.
  ☐ Step 9: Calendar the distinct post-decree periods in §§ 42-372 and 42-372.01: immediate final-order treatment for appeal, ordinary finality/operation at 30 days, and the six-month remarriage restriction.

Sources and References

• Neb. Rev. Stat. § 42-347 to § 42-381 — Dissolution of Marriage Act
• Neb. Rev. Stat. § 42-363 — 60-day waiting period (jurisdictional)
• Wymore v. Wymore, 239 Neb. 940, 479 N.W.2d 778 (1992) — Decree based on pre-60-day evidence is void
• Neb. Rev. Stat. §§ 42-372 and 42-372.01 — Distinct appeal, ordinary-finality, remarriage, and health-insurance clocks
• Nebraska Child Support Guidelines, Neb. Ct. R. § 4-201 et seq.
• Nebraska Judicial Branch Self-Help: https://nebraskajudicial.gov/administration/self-represented-litigant-resources

Disclaimer: Nebraska's 60-day jurisdictional waiting period and 6-month post-decree remarriage bar are unique. Verify current court forms and county-specific local rules before filing.