Nebraska Petition to Annul Marriage with No Children or Property

State:
Multi-State
Control #:
US-01007BG
Format:
Word; 
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Description

An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.

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FAQ

The Steps for Getting a Divorce in Nebraska Step 1: Make sure you meet residency requirements. ... Step 2: Find a capable attorney. ... Step 3: File a complaint for dissolution. ... Step 4: Serve notice of divorce filings. ... Step 5: Request a hearing or trial. ... Step 6: Go to court.

If it is equitable and reasonable, the court could give you 90% of the marital property and leave your spouse with the other 10%. Although that's possible, most of the time the court will award a spouse one-third to one-half of the marital property to achieve an equitable result.

Upon divorce, the asset value at the time of the marriage would go to the party who owned it prior to the marriage, but any growth that occurred during the marriage would generally be divided equally between the parties.

The marital estate includes property accumulated and acquired during the marriage through the joint efforts of the parties; with some exceptions, the marital estate does not include property acquired by one of the parties through gift or inheritance.

The house cannot be physically split in half, so one party can keep it, it can be sold, or it can continue to be co-owned. The marital home is a significant piece of property in a divorce because it is usually the largest and most expensive asset you own.

(b) Both parties have certified in writing that the marriage is irretrievably broken, both parties have certified that they have made every reasonable effort to effect reconciliation, all documents required by the court and by statute have been filed, and the parties have entered into a written agreement, signed by ...

Is Nebraska a no fault state for divorce? Nebraska is a no-fault divorce state permitting the dissolution of marriage upon a finding that the marriage is irretrievably broken.

Under Nebraska law, courts equitably divide all assets and debts acquired by either spouse during marriage, and most courts interpret equitable to mean equal. However, Nebraska courts do not divide premarital and nonmarital property, and instead award such property exclusively to one spouse.

If it is equitable and reasonable, the court could give you 90% of the marital property and leave your spouse with the other 10%. Although that's possible, most of the time the court will award a spouse one-third to one-half of the marital property to achieve an equitable result.

Nebraska is a No-Fault Divorce state, so neither spouse has to prove the other was at fault to obtain the divorce. One spouse needs to show the marriage is "irretrievably broken." Before 1972 one spouse had to show the other was at fault based on a behavior such as adultery or abuse.

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Nebraska Petition to Annul Marriage with No Children or Property