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It’s easy to get married in Nebraska. Get a marriage license from the county clerk, have someone officiate in front of witnesses, and you’re married.
Getting divorced and remarrying takes a little bit of time.
Divorce Waiting Period
I have had divorce clients who are frustrated to learn that there is a waiting period before their divorce can be finalized.
After a Complaint for Dissolution of Marriage (what we call a Petition for Divorce in Nebraska) is filed by one spouse, the other spouse must be served with the Complaint. Once the other spouse has been served the Complaint in a manner consistent with Nebraska law, a 60 day waiting period is in place that prevents the couple’s divorce from becoming final until it expires.
The divorce waiting period is sometimes called the “cooling off period” because it is intended for the parties to try and reconcile the marriage. This usually doesn’t happen.
The 60 day waiting period is not that much of an issue in most Nebraska divorce cases unless it is an uncontested case. For most cases, the average length of time of a case is 6 months.
Regardless of the divorce waiting period, we still try to get your case resolved within that time.
While the 60 day divorce waiting period frustrates a spouse who really wants to get divorced, the post-divorce waiting period infuriates some people.
Nebraska Post-Divorce Waiting Periods
Once everything is said and done, you will have a final hearing or trial in front of a Nebraska Divorce Judge and a Decree of Dissolution of Marriage will be entered and filed with the Clerk of Court.
Congratulations! Think you’re divorced. No, not yet.
Nebraska also has a 30 day and 6 month post-divorce waiting period, but they only apply in certain situations.
The 30 day post-divorce waiting period allows for a party to appeal the Decree of Dissolution of Marriage. After 30 days has passed, no appeal can be taken, although a District Court can reconsider the Decree. We won’t go into that. Maybe another day.
The other post-divorce waiting period prevents a party to re-marry anyone in the world, other than the former spouse, for a period of 6 months after the Decree is entered and filed with the Clerk of Court or the death of the former spouse.
Divorce Waiting Period Conclusion
Parties getting divorced need to understand that certain waiting periods are in place. These waiting periods are in place so that people are not jumping into and out of marriage quicker than Hollywood actors.
If you have questions about the divorce waiting periods, let me know.