Filing for divorce is often the point where people expect immediate changes. In Nebraska, the process cannot start and end in one day. State law requires a waiting period before a divorce can officially be finalized. Many people refer to this as the 60-day rule or 60-day mandatory waiting period for divorce in Nebraska.
The waiting period is not a pause in the case. During this time, the court process can move forward. Paperwork deadlines apply, financial information may be exchanged, and temporary issues can be addressed while the divorce remains pending.
What Is the 60-Day Rule in Nebraska?
The 60-day waiting period for divorce in Nebraska refers to the mandatory waiting period before a divorce can officially be finalized. Even when both spouses agree on the terms, the court cannot enter a final divorce decree until this period expires.
Key things to know about the rule include:
- Nebraska law requires at least 60 days to pass after the divorce complaint is served on the other party.
- Service by the sheriff of the divorce complaint or the filing of the Voluntary Appearance to waive service both start the 60-day period.
- The waiting period applies even in uncontested divorces.
- The case remains active during this time.
- Both parties may exchange financial information and negotiate unresolved issues.
- Temporary court orders may still be entered while the divorce is pending and during this 60-day period.
- Required court filings and responses must still be completed before finalization. This includes that the Answer must still be filed within 30 days of service if any issue is being contested.
Keep in mind that sixty days is the minimum amount of time. If your case is contested, your case will likely take many more months to finalize. However, for uncontested cases, your case may be resolved in less than three months from filing to the entry of the final divorce decree.
When Does the 60-Day Period Begin?
The timeline starts on the date the divorce complaint is served on the other party.
It does not begin when the spouses separate or when the divorce complaint is filed.
If the other party signs a Voluntary Appearance to waive sheriff service, then the timeline starts on the date the Voluntary Appearance is filed with the Court, not the date that the document was signed by the other party.
Even in uncontested cases, the judge cannot finalize the divorce before the 60-day waiting period expires.
What Happens After the Divorce is Filed?
Once the divorce complaint is filed in Douglas or Sarpy County, several steps typically begin right away.
Service of Process
The other spouse must receive formal notice that the divorce case has been filed. This is known as service of process.
Service may happen through:
- Personal service by the sheriff or a private process server handing the other spouse a copy of the complaint
- Voluntary Appearance paperwork signed by the other spouse, usually in front of a notary, to acknowledge that the spouse received a copy of the complaint
- Alternative service methods approved by the court in certain circumstances
- Until proper service is completed, the case generally cannot move forward.
Until proper service is complete, the case generally cannot move forward and the 60-day timeline does not start.
Response Deadlines
After being served, the responding spouse has only 30 days to file an Answer if the spouse wants to respond or contest any issue in the divorce. If the 30 days has passed, the spouse has to get permission from the Court to file a response late.
Depending on the specifics of your case, you may have other deadlines to meet that can be due in less than the 30 days to respond. Some of the most common occur when the parties have minor children together, such as to complete a court-approved parenting class or to submit affidavits in response to a motion for temporary custody. These may be due in less than the 30 days to file an Answer.
Even when both spouses are cooperative, staying organized and meeting court deadlines remains important throughout the case.
Temporary Orders
Some issues need immediate attention before the divorce is finalized.
In those situations, either party may ask the court for temporary orders involving matters such as:
- Child custody or parenting time schedules
- Child support
- Spousal support
- Use of the marital home
- Responsibility for household expenses
- Temporary possession of certain property or vehicles
These orders are designed to provide structure and stability while the divorce case is ongoing. These temporary hearings often occur soon after the case is filed and served, usually around 30 days or so after the case is filed and served. Affidavits and other documents are often due to the Court and the other party prior to the temporary hearing (usually about 48 business hours prior to the hearing date, depending on the local court rules).
What Happens during the Waiting Period?
A common misconception is that nothing happens during the 60-day waiting period. In reality, this stage is often a very busy part of the case, whether the case is contested or not.
Financial Information is Often Exchanged
Depending on the specifics of your situation, you will likely exchange some financial documents with your spouse during this 60-day period.
This may include:
- Income information
- Tax returns
- Bank account records
- Retirement account statements
- Debt information
- Property valuations
- Titles and Deeds
- Mortgage and Real Estate Information
Depending on the assets and debts of the parties and what issues are contested, this financial information exchange may be quick, minimal and informal or may include formal requests and voluminous amounts of documents.
Preparation of the Final Divorce Decree
If your divorce case is uncontested, you will generally start to prepare your final divorce decree during the 60-day waiting period.
If your divorce has some agreement and some unresolved issues, you may start settlement negotiations during this period if the relevant information necessary for settlement is already known. Most divorces are resolved through settlement negotiations rather than trial, even if the divorce starts out as contested.
During the waiting period, you may prepare documents or engage in settlement discussions related to the following:
- Division of marital property and debts
- Parenting time arrangements
- Child support
- Alimony
- Real estate issues
- Retirement accounts
Some couples reach agreements relatively quickly, while others require more back-and-forth in settlement, mediation, or additional court involvement before resolving disputed issues.
The Parenting Plan and Custody Mediation
When children are involved, Nebraska courts generally require a detailed parenting plan as part of the documents attached to the divorce decree. The parenting plan usually sets forth specific details as to the regular weekday parenting time schedule, holidays, decision-making, transportation responsibilities, and communication regarding the children.
If custody or parenting time issues are contested, you are generally required to attempt mediation to see if the mediator can help you reach an agreement. Mediation may begin within the 60-day period.
If both parents are in agreement, you can often create a parenting plan without the need for mediation.
Can a Divorce Be Finalized Right after the 60 Days?
Yes, if both spouses fully agree on all issues, the divorce can be finalized right after the 60-day mandatory waiting period expires. Generally, this requires an attorney to prepare all necessary paperwork, including the divorce decree and a document to waive the final hearing. If both parties sign off on these documents, the final divorce paperwork can be submitted as soon as the 60 days have passed. The judge can review and sign the divorce decree without the need for either party to ever step foot in the courthouse or attend a court hearing.
If neither party has retained an attorney, you are generally required to attend at least one hearing to present the divorce decree and answer any questions that the judge may have. You are not generally able to request this hearing date until after the 60 days has expired. Usually, this final hearing date is about a month or more after the 60-day period has ended. If you have an attorney who prepares a hearing waiver, this final hearing is not necessary.
Even in uncontested cases, you will need to factor in some additional time besides the 60 days. This includes time to prepare the initial paperwork and time for the court to review and process documents received. Around ninety days is generally a more realistic timeframe from start to finish even when an uncontested divorce case is completed rapidly.
What Happens If One Spouse Does Not Cooperate?
While there are many uncontested divorce cases that resolve quickly and easily, not every divorce case moves smoothly from start to finish.
If one spouse avoids service, ignores court deadlines, hides financial information, or is unreasonable in settlement terms, the process can become much more complicated. Courts have some procedures for moving cases forward, but delays are common in contested situations. Even most contested cases resolve through settlement negotiations and without the need for a trial. However, if your case does go to trial, you are likely going to wait 3-6 months or more for the court to have a trial date available to hear your case, and this is time period generally starts after attempts at settlement have failed.
On the other hand, sometimes cases with a non-cooperative spouse can resolve just after the 60-day mandatory waiting period ends. If the spouse is served and takes no action, you can ask the Court to set your case for a default hearing after the 60 days has passed. If the other spouse fails to appear at the default hearing or take other action to contest the divorce case, the Court can enter a final “default” divorce decree due to the spouse being properly served but not taking action to contest the divorce or the divorce decree terms.
Does the 60-Day Rule Apply to Legal Separation?
Yes, you generally have to wait 60 days to finalize a legal separation in Nebraska, even if both spouses are in agreement.
A legal separation does not formally end the marriage. Instead, it allows spouses to address issues such as custody, support, and property division while remaining legally married, but residing apart.
The legal processes for a legal separation and a divorce have a lot of overlap. Both require a 60-day waiting period after service to finalize but the requirement is stated under different statutes. The legal separation waiting period is set forth at Nebraska Revised Statute Section 42-361.01.
The divorce waiting period is set forth at Nebraska Revised Statute Section 42-363.
Both are 60 days.
How Long Does a Divorce Usually Take in Douglas County or Sarpy County?
An uncontested divorce often moves relatively quickly and around 90 days can be a realistic timeframe if everything goes smoothly.
Contested cases take longer. Unlike a criminal case where you have a right to a speedy trial, you do not have the same Constitutional right to have your divorce case heard quickly. Instead, the Nebraska Supreme Court has set standards and expectations for the district court to attempt to resolve divorce cases timely. Currently, the standard is for 50% of divorce cases to be resolved within 6 months of filing and 95% of divorce cases to be resolved within one year. The Court generally excludes certain periods of time when calculating these timeframes. For example, the period of time that the parties are in mediation (which is often weeks to months) is not included when calculating the time that has passed.
For a case that has some dispute but the parties are not far apart on major issues, a timeframe of 3-9 months is common. For a case with a lot of unknown financials or unresolved issues, 6-12 months or more may be more common. It is statistically rare for divorce cases to be ongoing for years, but it does happen.
Keep in mind that more time can sometimes be a good thing. You might spend a number of months trying out a new parenting schedule for your children to see what works and what doesn’t before you agree to final parenting plan schedule. You may find that having some time living apart and allowing some emotions to cool puts you in a better place to resolve the case. You may find that you start to make better decisions about your future and what the divorce decree should look like once you’ve had a chance to reflect and to become adjusted to your new situation.
Several common factors that often affect the overall timeline, include:
- Whether children are involved
- Custody or parenting disputes
- Complex financial assets
- Business ownership
- Real estate concerns
- Cooperation between spouses
- Court scheduling availability
The length of the process often depends on how quickly unresolved issues can be addressed or negotiated.
Marriage after a Nebraska Divorce
Some couples wait for many years after they are separate to go through the process of officially ending their marriage. They may be living separate lives but are still married legally. Sometimes a spouse decides to move forward with formalizing this type of divorce because they wish to get remarried.
Not only is there a 60-day mandatory waiting period to finalize your divorce, but there is also a 6 months mandatory waiting period before you can get remarried after a Nebraska divorce. This is something unique to Nebraska and other states that have a similar provision. Due in part to a special provision in Nebraska law that potentially allows you to remain a covered “spouse” on your ex’s health insurance policy for up to 6 months after your divorce is finalized, you are still a legal spouse for some legal purposes for 6 months after the divorce decree is entered. Thus, you can’t lawfully remarry anyone anywhere in the world for 6 months after your divorce decree is finalized, even if the health insurance provision is not included in your specific divorce decree. If you ignore this provision, your subsequent marriage may later be found to be void, even if you remarry in another state or country.
If you are planning a wedding after a Nebraska divorce, you will need to consider both the 60-day mandatary waiting period and the 6 months remarriage period, plus plenty of time in case things don’t go smoothly with the court process, when planning your wedding date.
Understanding the Process Can Help Reduce Uncertainty
Understanding the 60-day rule and that the divorce is a process can help set realistic expectations after filing for divorce in Douglas County or Sarpy County. While the court cannot finalize the case immediately, this 60-day period is often when much of the work is done or at least started.
Law Office of Julie Fowler, PC, LLO
Trusted Family Law Attorney in Omaha, Nebraska
Facing a divorce, child custody dispute, or child support matter in Omaha? You don’t have to navigate family law alone. Whether you need an Omaha divorce attorney, an Omaha child custody attorney, or comprehensive family law representation, our experienced team is here to protect your rights and your family’s future.