Are Divorce Records Public in Nebraska?
Divorce records in Nebraska are deemed to be confidential. As a result, they can only be obtained by a specific set of people. Anyone requesting a divorce record in the State of Nebraska must prove their relationship to the persons named on the record. The requester must also provide a valid, government-issued ID. Persons considered eligible to receive a Nebraska divorce record are:
- The two individuals named on the record
- Children of the divorced parties named on the record
- Authorized legal representatives
Sealed divorce records are records that have been placed under a seal by court order, rendering them inaccessible to all parties except the couple involved in the divorce and their attorneys. A court order can only be issued to seal divorce records if both parties agree to it and provide consent. Thereafter, they must file a motion to seal the record with the court. A judge will assess the merits of the motion and decide whether it should be granted or denied. A motion to seal divorce records will not be granted solely because the motion was filed. The parties filing the motion must provide salient reasons for the request. Reasons a judge can decide to grant this motion include the records containing:
- Information about minors
- Information about victims of domestic violence or abuse
- Trade secrets or issues of national security
- Sensitive business or personal information
- False information which may cause undue harm in the public domain
If the motion to have the records sealed is granted, then the records in question become restricted and are only available to the parties named in the record.
Nebraska Divorce Record
A Nebraska divorce record represents the complete case file of the dissolution of a marriage in the state. The information contained in it will include all the information provided in a divorce certificate and a divorce decree, as well as every document produced during the court case resulting in the dissolution of the marriage. Divorce records are considered court records. They may, therefore, be obtained by submitting a request to the court clerk. Some records may also be available using third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding Nebraska Divorce Certificates
A Nebraska divorce certificate is a government-issued document that verifies that both parties named on the record are no longer married. Compared to other types of divorce records, it contains the least information about the dissolution of a marriage. In the State of Nebraska, the Department of Health and Human Services issues certificates for divorces finalized between 1909 and the present. It is available to the persons on the record, their children, and legal representatives. A Nebraska divorce certificate will include the following information:
- Names of the two people getting the divorce
- Date of the divorce
- Location of the divorce
- Court case number
- Name and signature of the judge who issued the final judgment
How Do I Obtain Nebraska Divorce Certificates?
To obtain a Nebraska divorce certificate, submit a record request to the Department of Health and Human Services. The Vital Records Office has records of all divorces in the state since 1909. For records prior to this date, contact the Clerk of the District Court where the divorce judgment was issued. Nebraska divorce certificates are available to the parties named on the record and their children. Persons requesting a divorce record will also be required to state why they need the record.
The Vital Records Office charges $16 to search for a divorce certificate and provide a certified copy. This fee is payable in cash, check, or money order. It is non-refundable, even if the record is not found. The record request can be submitted online, by mail, or in person.
To submit a mail request, complete the Application for Certified Copy of Divorce Certificate form. Send it along with a check or money order for the complete fee (made payable to the Vital Records Office), a copy of a valid photo ID, and a stamped self-addressed envelope. Mail the request to:
Vital Records Office
Department of Health and Human Services
P.O. Box 95065
Lincoln, NE 68509-5065
Submit an in-person request by taking the completed Application for Certified Copy of Divorce Certificate form along with the complete fee (cash is acceptable for in-person requests), and a valid form of photo ID to:
Office of Vital Records
1033 O Street,
Suite 130
Lincoln, NE 68508-3621
Understanding Nebraska Divorce Decrees
A Nebraska divorce decree is a court document that permanently dissolves a marriage in the state and provides the details of the final judgment. It is issued by the court delivering the final judgment and will be received by both parties involved in the dissolution, upon the conclusion of proceedings. It details the court’s ruling which is binding on both parties. All terms of the settlement reached by the court and agreed by both parties will be included in the decree. In addition to the information contained in a divorce certificate, a divorce decree will include:
- Property and asset division terms
- Spousal and child support terms
- Child custody and/or visitation rights
- Debt responsibilities
A Nebraska divorce decree is retained by the Clerk of the District Court, which granted the divorce.
How Do I Obtain Nebraska Divorce Court Records?
Upon the conclusion of a divorce case, a Nebraska Family Court issues a divorce decree and provides copies to both parties involved in the divorce case. The decree is typically issued to the attorneys on record, and both parties will receive copies of the decree from their attorneys. This decree officially terminates the marriage.
Either party may request more copies at a later day. To obtain a copy of the divorce decree or any part of a divorce court records, contact the Clerk of the District Court where the judgment was granted. The Clerk of the District Court will issue a copy of the divorce decree to either of the parties named in the divorce or their legal representative. To receive a copy of a divorce decree, the requester must submit a written request providing the following information:
- Names of both parties to the divorce
- Court case number
- Date of the divorce
- Location of the divorce
They can also visit the Office of the Clerk of the District Court and make the request in person. There is a fee for this service, which is determined by the particular court and may vary from county to county.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records in particular, may simply not be available through either source.
How to Find Out if Someone is Divorced in Nebraska
Record seekers can find out if someone is divorced in Nebraska by requesting their divorce records from the Department of Health and Human Services (DHHS) Vital Records Office. Generally, divorce records in Nebraska are confidential. Hence, only the divorced parties, their children, and legal representatives can access such records. To find out the divorce status of an individual, eligible requesters can obtain their divorce records online, by mail, or in person for a small fee. Third parties requesting Nebraska divorce certificates on behalf of someone else must provide proof of their relationship with the person. For instance, children requesting divorce records of their parents must provide birth certificates because the names of their parents will appear on them.
Alternatively, a record seeker can find out if someone is divorced in Nebraska by contacting the Clerk of the District Court in the county where the dissolution of marriage occurred. The fee for this service varies from county to county.
How to Find Public Divorce Records Online
The Department of Health and Human Services (DHHS) Vital Records Office has an online tool where record seekers can find divorce records online. Requesters must provide the record holder’s full name, shipping address, physical address, and valid government-issued ID. Online divorce record requests attract $16 per copy.
Alternatively, record seekers can obtain divorce records online from third-party aggregate websites. The information required from a record seeker conducting a divorce record search through third-party aggregate sites varies. However, most third-party websites require record seekers to provide basic information like the name of the divorcing parties and the county where the divorce occurred. Note that a small fee may be required to complete the search.
Does Nebraska Recognize Common-Law Marriage?
The state of Nebraska recognizes common-law marriages created before 1923. It also recognizes the validity of marriages contracted in other states that recognize such a union under common-law marriage rules. For marriages to be legal in Nebraska, the couples must have obtained a marriage certificate (license) from the court, performed a traditional ceremony in the presence of eyewitnesses and an officiating priest, each party was not forced to marry, and the couples must be of marriageable age (18 years). Only in specific cases, such as divorce, would the court in Nebraska evaluate components to validate common law marriage.
Nebraska Dissolution of Marriage Records
A Dissolution of marriage records is an official document that shows the termination of a marriage by a court decree when the marriage is found to be irretrievably broken. Nebraska marriage dissolution records typically contain the following:
- Names of the divorcing parties
- Date and location of the divorce
- Court case number
- Name and signature of the judge who issued the divorce decree
Per Nebraska Revised Statute 42-347, dissolution of marriage is synonymous with divorce. Hence, the marriage dissolution process is similar to the divorce process.
How to Find Dissolution of Marriage Records in Nebraska
Record seekers can find dissolution of marriage records in Nebraska at the Department of Health and Human Services (DHHS) Vital Records Office. Dissolution of marriage records can be obtained online, in person, or by mail at a fee of $16 per copy.
Online requesters must use the online tool available on the state vital records office to conduct their search. They must fill in the right information in the appropriate search boxes and upload a valid proof of identification. Payments must be made using a Visa or MasterCard.
Mail applicants must download and complete the Application for Certified Copy of Dissolution of Marriage (Divorce) Certificate form. Then, send the form alongside a photocopy of a valid government-issued photo ID and a $16.00 check or money order to the vital records office.
