Nebraska · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Nebraska

For spouses in Nebraska who agree on everything: how agreed cases are handled, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, how your spouse can sign instead of being served and mediation.

The short answer

For agreed cases in Nebraska: No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)).

Who can file (residency)
1 year (with exceptions)
Waiting period
60 days after service
Filing fee
$200

How agreed divorces are handled in Nebraska

  • No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)).
  • The court's 'Simple Divorce' forms are only for cases without real estate, pensions or alimony.

Before you file in Nebraska

Who can file (residency)
One spouse must have lived in Nebraska, intending to make it home, for 1 year before filing. Exception: you married in Nebraska and one of you has lived there ever since. Military members stationed in Nebraska for 1 year count as residents.
Waiting period
The case can't be heard and no decree can be entered until 60 days after your spouse is served (or signs a Voluntary Appearance). The decree becomes final 30 days after the judge enters it, but you can't marry someone else until 6 months after it is entered. No separation is required.
Law
Neb. Rev. Stat. 42-349 · Neb. Rev. Stat. 42-363, 42-372.01

Forms, fees and filing in Nebraska

Official forms
Divorce forms (Nebraska courts)
Court self-help
Divorce self-help (Nebraska courts)
Filing fee
$200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra.
If you can't afford the fee
Ask the judge to waive fees with a Request to Proceed Without Payment of Court Fees (Application to Proceed In Forma Pauperis), linked from the court's divorce self-help pages.

If your spouse agrees to sign

  • Your spouse can sign a Voluntary Appearance (form DC 6:4.3), or you file a Praecipe for Summons (DC 6:4.4) and the sheriff serves them, or, as a last resort, service by publication.
  • You must serve your spouse or file the Voluntary Appearance within 6 months of filing or the case is dismissed.

If you agree on only some issues

If parents have not submitted a parenting plan by the court's deadline, the court must order mediation or specialized alternative dispute resolution (with safety rules for cases with domestic abuse). The judge can waive it only for good cause after a hearing. (Neb. Rev. Stat. 43-2937(3)-(4).) $50 of the filing fee is a mediation fee.

An uncontested divorce in Nebraska, step by step

  1. Check that you can file in Nebraska

    One spouse must have lived in Nebraska, intending to make it home, for 1 year before filing.

  2. Check how agreed cases are finished

    No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)).

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Nebraska courts)

  4. File, and pay the fee or ask for a waiver

    $200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra. Can't afford it? Ask the judge to waive fees with a Request to Proceed Without Payment of Court Fees (Application to Proceed In Forma Pauperis), linked from the court's divorce self-help pages.

  5. Have your spouse sign or be served

    Your spouse can sign a Voluntary Appearance (form DC 6:4.3), or you file a Praecipe for Summons (DC 6:4.4) and the sheriff serves them, or, as a last resort, service by publication.

  6. Wait out the waiting period

    The case can't be heard and no decree can be entered until 60 days after your spouse is served (or signs a Voluntary Appearance).

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Nebraska

Is there a simplified divorce for agreed cases in Nebraska?

No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)). The court's 'Simple Divorce' forms are only for cases without real estate, pensions or alimony.

How long does an uncontested divorce take in Nebraska?

The case can't be heard and no decree can be entered until 60 days after your spouse is served (or signs a Voluntary Appearance). The decree becomes final 30 days after the judge enters it, but you can't marry someone else until 6 months after it is entered. No separation is required.

Who can file for an uncontested divorce in Nebraska?

One spouse must have lived in Nebraska, intending to make it home, for 1 year before filing. Exception: you married in Nebraska and one of you has lived there ever since. Military members stationed in Nebraska for 1 year count as residents.

Does my spouse have to be served if we agree in Nebraska?

Your spouse can sign a Voluntary Appearance (form DC 6:4.3), or you file a Praecipe for Summons (DC 6:4.4) and the sheriff serves them, or, as a last resort, service by publication. You must serve your spouse or file the Voluntary Appearance within 6 months of filing or the case is dismissed.

How much does it cost to file an uncontested divorce in Nebraska?

$200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra.

Is mediation required in Nebraska?

If parents have not submitted a parenting plan by the court's deadline, the court must order mediation or specialized alternative dispute resolution (with safety rules for cases with domestic abuse). The judge can waive it only for good cause after a hearing. (Neb. Rev. Stat. 43-2937(3)-(4).) $50 of the filing fee is a mediation fee.

More about divorce in Nebraska

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Sources

Last checked: Oct 24, 2026.