- Initial Interview - Decide whether or not you are comfortable with attorney and if so, retain. The attorney will then prepare the following documents: Petition, Child Support Affidavit, Financial Affidavit, Motions, Vital Statistic Report, Voluntary Appearance or Praecipe for Service
- Filing the Petition - $83.00 - After the Petition is signed it is filed with the Clerk of the Court along with other documents. The assignment of the Judge is made by computer. Court proceedings are public information. The filing of and the granting of a divorce are reported in the newspaper.
- Temporary hearing - In most cases it is necessary to have a temporary hearing to determine temporary child custody, child and/or spousal support, exclusion from the marital home, temporary division of debts, etc. This hearing usually takes place around three weeks from the date the Petition was filed
- 60 day waiting period - There is a 60 day minimum mandatory waiting period from the date of service before the Decree can be entered. The date of service is the day the Voluntary Appearance is filed with the Court or the day the Respondent is served by the Sheriff.
- Mediation - In all cases where children are involved effective July, 1998, the District Court has the discretion to order the parties into mediation in an attempt to resolve custody, visitation issues, etc. In Douglas county, it is mandatory. The parties are also required to attend seminars on divorce and the effects on children. The parties are then sent to a certified mediator to mediate a Parenting Plan.
- Trial - If the parties are not able to settle the case, the case will go to trial. In Douglas County, a trial may be set anywhere from 4-14 months after the parties tell the Judge they can not settle their differences and file a Certificate of Readiness. In Sarpy County, it usually takes 3-4 months.
- Decree - After the trial or settlement, a written Decree is prepared setting out the terms of the agreement of the parties or the Judge's decision.
- Appeal - The parties have 30 days from the entry of the decree to appeal. If no appeal, the divorce is considered final at the end of the 30 days except for the purpose of remarriage and health insurance coverage. Neither party is free to remarry for 6 months from the date of entry of the decree and if either spouse is ordered to carry health insurance on the other, they must keep the policy in place for 6 months following the entry of the decree.
-- Law Offices of Karen L. Vervaecke
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