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If my spouse and I both want a divorce, does there still need to be a court hearing?
If 60 days or more have passed since the divorce petition was served on your spouse, the judge may grant your divorce without a hearing if:
- You and your spouse give up (waive) the right to have a hearing;
- The judge determines that s/he has power over both of you (personal jurisdiction) and over the divorce case (subject matter jurisdiction);
- You both certify in writing that your marriage is “irretrievably broken” and that you have made every reasonable effort towards fixing it (reconciliation);
- All documents required by the court and by statute have been filed; and
- You both sign a written agreement that resolves all of the issues presented in the divorce papers, such as custody, alimony, etc.1
If all of the above are not met, then there will be likely be multiple court hearings before the divorce is finalized.
1 NE ST § 42-361(3)
