Nebraska Dissolution When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file a Petition for Dissolution, serve the Respondent, and proceed. If they don't respond, file for default after the response deadline.

Individual Petition — Overview

1. File Petition for Dissolution of Marriage at District Court
2. Serve the Respondent — 60-day waiting period begins on SERVICE DATE
3. Respondent has 30 days to file an Answer
4. If no Answer: proceed to default
5. If Answer filed: contested dissolution — mediation or hearing

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. This starts the 60-day period immediately and eliminates service cost. Worth trying even in uncooperative situations — many people sign to avoid sheriff service.

Option 2 — Sheriff's Service

Nebraska Sheriff's office serves the Petition and Summons. File the Return of Service with the District Court.

• Cost: ~$30–$60
• The 60-day period begins on the date shown on the Return of Service

Option 3 — Process Server

Private process servers available in Nebraska. Often faster than sheriff service in some counties.

Option 4 — Publication

If you cannot locate your spouse after a diligent search:

1. File Affidavit of Diligent Search
2. Court authorizes publication
3. Publish in a newspaper of general circulation for the required period
4. File Affidavit of Publication
5. Cost: ~$100–$250

Publication may not provide personal jurisdiction for property/support orders — consult a Nebraska attorney.

After Service — Response Deadline

The Respondent has 30 days after service to file an Answer. If no Answer is filed, file a Motion for Default.

Default Process

1. File Motion for Default
2. Default entered
3. 60-day waiting period still applies from the service date
4. Schedule default final hearing (after 60 days from service)
5. Appear before District Court judge
6. Present brief testimony establishing irretrievable breakdown and factual basis for property division
7. Judge enters Decree of Dissolution of Marriage by default
8. Judge rules on all property and alimony based on your evidence and Petition

Temporary Orders

During the dissolution, file a Motion for Temporary Orders for:

• Temporary alimony
• Exclusive use of the marital home
• Temporary custody and support (if children)
• Restraining order against dissipation of marital assets (temporary restraining order)

Last reviewed: March 2026 | Petition + service | 30-day response deadline | 60-day wait from SERVICE DATE (even in default cases) | "Irretrievable breakdown" | Default after 30 days | Temporary orders available | District Court | supremecourt.ne.gov | nebraskalegalhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.