Divorce is never an easy decision, but it can become even more challenging when one spouse refuses to cooperate.
Since Nebraska allows no-fault divorces, you can still move forward even if your spouse is unwilling. Taking the right steps can help you get your divorce and the fresh start you are seeking.
Get to know state no-fault divorce laws
Nebraska’s no-fault divorce law allows you to file for divorce without the need to prove spousal wrongdoing. If your spouse refuses to sign papers, attend court hearings or respond to legal notices, the court can still proceed with the case. Demonstrating that the marriage is “irretrievably broken” is sufficient to initiate the process.
File for a default judgment
When one spouse will not participate, you can request a default judgment. This means the court will make decisions based on the information you provide, without input from the non-participating spouse.
To strengthen your case, ensure you submit thorough documentation. This includes financial records, parenting plans and evidence supporting your claims.
Serve divorce papers properly
Properly serving divorce papers is crucial to meet the legal requirements. Nebraska law requires that your spouse be formally notified of the divorce filing.
If they refuse to accept the papers or cannot be located, alternative methods of serving include using certified mail or service by publication in a local newspaper.
Although a spouse’s refusal to divorce can complicate the process, they likely cannot actually stop it from happening. Nebraska’s legal framework provides a clear path forward. With the right steps and support, you can work toward a resolution that allows you to move on with your life.
