A divorce decree is the document that finalizes the divorce in Nebraska. The divorce decree tends to contain a number of attachments and often contains related documents regarding the children and finances of the parties. Are these divorce records public in Nebraska? Keep reading to learn more.
Are Divorce Records Public in Nebraska?
What is a Divorce Decree?
In Nebraska, the Clerk entering the judge-signed divorce decree into the public record is what finalizes a divorce. The divorce decree often contains information about the assets and debts of the parties. It frequently includes a parenting plan setting forth the custody and parenting time arrangements for the children. Some divorce decrees have a number of attachments, including the details of the division of the property/debts in a property settlement agreement. It generally does not include the financial statements or exhibits,
Are Divorce Records Public in Nebraska?
Yes, a divorce decree is public record in Nebraska. Because of this, there is often a balance as to how much information to include in a divorce decree. You need to include enough information so that it is clear which spouse is awarded which asset/debt, but not so much information that it jeopardizes the security or privacy of the parties. For example, if the parties have three accounts at a certain bank, you might need to identify each account with the last 4 digits of the account numbers to be clear as to which spouse is taking which account. However, you would not want to disclose the full account numbers as part of the court record and in fact, the Court rules do not allow you to do so.
Parts of the divorce paperwork, such as the social security numbers of the parties, are required to be filed as information within separate confidential documents with the Court and not available for any public access.
Certain assets have specific rules as to the level of detail required. For example, real property (real estate) generally includes the legal description of the real estate in the decree.
Sealing Divorce Records
Some information, such as social security numbers or full financial account numbers, are prohibited from being included as part of the record available to the public. To access this information, a party would need to file a motion with the Court, provide notice to the parties, and have a very good reason before a Court could disclose this confidential information over the objection of the parties. It would be extremely rare for a Court to provide this information from a confidential document.
In some cases, the court may also seal the divorce decree or parts of the divorce action file from the public. Even if both parties agree, it is up to the Judge whether to seal these records from the public or not. At least for the documents that are public record, the parties need to show a special reason for the Court to seal the documents from the public in their particular case. Once sealed, it requires extra steps even for the parties to review the documents in the court record.
How to Discover the Divorce Status of Someone in Nebraska
As a divorce decree is generally a public record, you can search for a divorce decree by searching the court case records. Usually searching by name is the easiest method to determine whether someone got divorced in Nebraska. Keep in mind that there is not a national database for divorces. If you aren’t sure where someone divorced, you may have to do a separate search in each state or county.
How to Find Public Divorce Records Online
In Nebraska, we have a state-wide database that can be searched online for divorce decrees. As of the time of this
writing, the current charge is $15 per search for non-attorney access.
https://www.nebraska.gov/justicecc/ccname.cgi
Your searches may only be performed for a lawful purposes.
See also Nebraska Court Records (supremecourt.nebraska.gov)
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