When it comes to divorce, the question of whether or not your spouse will agree to it is a major concern for many individuals. In the state of Nebraska, it is indeed possible to obtain a divorce without your spouse’s consent, although the process can be more intricate compared to other states. In this article, we will delve into the steps you will need to take if you find yourself in a situation where you want to get a divorce in Nebraska without your spouse’s consent.
Understanding Grounds for Divorce in Nebraska
Prior to delving into the process of obtaining a divorce without your spouse’s consent, it is essential to familiarize yourself with the grounds on which divorces are granted in Nebraska. Some of the grounds for divorce in the state include irreconcilable differences, adultery, extreme cruelty, desertion, willful neglect, habitual drunkenness, felony conviction, insanity, and incompatibility. To proceed with obtaining a divorce without your spouse’s consent, you must establish that one of these grounds applies to your specific circumstance.
Navigating the Process of Getting a Divorce Without Your Spouse’s Consent
To initiate the process of obtaining a divorce without your spouse’s consent in Nebraska, you will be required to go through the contested divorce process. Below are the key steps involved:
1. Filing for Divorce
The initial step in a contested divorce is filing a complaint for divorce with the court. This could be done independently or with the assistance of a qualified attorney. Your complaint ought to provide comprehensive details about your marriage, highlighting grounds for divorce, as well as any pertinent matters relating to property division, spousal support, and child custody.
2. Serving Your Spouse
After filing the complaint for divorce, you must serve your spouse with a copy of the complaint. This involves personally delivering the document or sending it via mail. If your spouse is located outside of the state, certain special steps might be necessary to effectuate service.
3. Responding to the Complaint
Upon being served with the complaint, your spouse will have a specific period (typically 30 days) to respond. They have the choice to file an answer to the complaint or to simply ignore it. If an answer is filed, they must address the allegations in the complaint and may also file counterclaims of their own.
4. Discovery
Once both the complaint and answer have been filed, both parties will engage in the discovery process. This entails exchanging information and evidence pertinent to the divorce proceedings. The scope of this process can include financial documents, property records, and witness statements.
5. Negotiations
Following the completion of the discovery process, both parties may opt to initiate negotiations to reach a settlement agreement. Such negotiations will encompass discussions on property division, spousal support, and child custody. If an agreement is reached, it will be submitted to the court for approval.
6. Trial
In instances where negotiations fail to produce a resolution, the case will proceed to trial. This formal setting allows a judge to hear evidence from both sides and subsequently render a decision on the contested issues. It is crucial to note that once a decision is made, it holds finality and can only be appealed under specific circumstances.
Conclusion
While it is certainly possible to obtain a divorce without your spouse’s consent in Nebraska, it is important to acknowledge the complexity and time-consuming nature of the process. When contemplating a divorce, it is highly advisable to consult an experienced divorce lawyer to gain a comprehensive understanding of your rights and available options. A skilled attorney can effectively guide you through the divorce process, ensuring your interests are protected every step of the way.