If you find yourself as a United States citizen living overseas, desiring a divorce in Nebraska, the process can become more complex compared to being physically present in the state. Fear not, as this article will serve as a comprehensive guide by providing you with the necessary steps to acquire a Nebraska divorce while residing abroad.
Assess Nebraska’s Jurisdiction
Before initiating the divorce proceedings, it is crucial to determine whether Nebraska has jurisdiction over your case. In Nebraska, the court may have jurisdiction if:
- You or your spouse have established residence in Nebraska for a minimum duration of one year before filing for divorce.
- Nebraska was the last place you and your spouse lived together as a married couple, and one of you still maintains residency in the state.
- Your spouse consents to the jurisdiction of the Nebraska court.
Should Nebraska lack jurisdiction over your case, you will be required to familiarize yourself with the divorce laws of the state that holds jurisdiction.
Seek Legal Representation
For a smooth divorce process, it is highly advised to engage the services of a skilled and knowledgeable Nebraska family law attorney. By doing so, you will receive valuable assistance in navigating the legal system, ensuring compliance with all requirements and deadlines, and representation in court if necessary. Furthermore, an attorney can provide essential legal counsel and guide you through negotiating settlement terms with your spouse.
Serve the Divorce Complaint to Your Spouse
Once you have confirmed that Nebraska has jurisdiction and enlisted the aid of an attorney, the next step involves properly serving your soon-to-be ex-spouse with a divorce complaint. Serving signifies formally notifying your spouse of the filed lawsuit against them.
Serving your spouse who lives abroad can be challenging, but fortunately, your attorney can help you navigate this process. International process servers can be utilized, or if applicable, your spouse can be served while visiting the United States.
File the Divorce Complaint
Following the successful service of the divorce complaint to your spouse, you will then need to file it with the Nebraska court. This complaint will provide a summary of the reasons for divorce and your desired outcomes from the proceeding. It is crucial to meticulously follow your attorney’s instructions as filing requirements may vary depending on the court and your specific case.
Engage in Settlement Negotiations
Once your spouse has been served and has responded, negotiations for a settlement agreement will commence. This agreement will outline the terms of the divorce, including matters such as child custody, alimony, division of assets, and division of debts. Before finalizing the divorce, court approval of this agreement is mandatory.
It is essential to note that for the settlement agreement to be legally binding, both parties must voluntarily agree to its terms. A judge holds the authority to decline approval of a settlement that may exhibit bias, unfairness, or incompleteness.
Attend Court Hearings
In cases where you and your spouse are unable to reach an agreement on all terms, the court proceedings will proceed to trial. As an overseas resident, you may be granted permission to participate in court hearings through video conferencing. However, it is pertinent to acknowledge the possibility of needing to return to the United States to attend court in person.
Finalize the Divorce
Upon reaching a settlement agreement, or following the conclusion of the trial, the judge will issue the final decree of divorce. Its issuance marks the starting point for you and your spouse to embark on separate lives.
Conclusion
Dissolving a marriage from abroad may initially appear daunting, yet with the support and expertise of an experienced Nebraska family law attorney, you can navigate the process seamlessly, enabling the opportunity for a just settlement. If you are currently residing abroad and contemplating a Nebraska divorce, reach out to an attorney in your local area today to discover more about the available options to you.