Yes. Nebraska law requires a mandatory waiting period before a divorce can be finalized.
The waiting period is 60 days and begins when the spouse who did not file for divorce receives legal notice of the case.
When Does the 60-Day Waiting Period Start?
The 60-day clock does not begin when the Complaint for Dissolution of marriage is filed with the Clerk. Instead, it begins when the other spouse is legally notified that the divorce action has been commenced.
This typically occurs in one of two ways:
Service by Sheriff or Process Server
The waiting period begins on the date the non-filing spouse is personally served with the divorce papers.
Voluntary Appearance
The waiting period also begins if the non-filing spouse signs and files a Voluntary Appearance with the court. A Voluntary Appearance is a document that acknowledges that the spouse is aware the divorce has been filed and waives the need for formal service.
Can a Divorce Be Finalized Before the 60 Days Have Passed?
No. Even if both spouses agree on all issues and submit a complete settlement agreement, the court cannot enter a Decree of Dissolution until the statutory 60-day waiting period has expired.
As a result, the earliest a Nebraska divorce can typically be finalized is shortly after the 60-day period ends.
If you are interested in learning more about commencing the divorce process in Nebraska, contact us today to schedule a consultation with an expert Omaha, Nebraska divorce attorney.
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