Holstein, NE asked in Divorce for Nebraska

Q: My spouse doesn't want to come to divorce court in Nebraska I was told there is a waiver she can sign?

We agree on everything she is in California and won't sign the paper to appear so I can file. I was told by the District court there is a waiver she can sign so not to have to appear???

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1 Lawyer Answer
Vanessa Jean Gorden
Vanessa Jean Gorden
  • Lincoln, NE
  • Licensed in Nebraska

A: This might be two different questions from reading the above:

1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those things happens to start it. Note if she is hiding from service you may need to file a motion to serve by publication. The Voluntary Appearance doesn't mean she has to come to Nebraska and is only a receipt for her copy of the Complaint.

2) If you are agreed on everything most courts will allow you to submit a Certification and Waiver in lieu of live testimony for the divorce. This can be signed and notarized and filed after the waiting period is over.

Best wishes!

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