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Filing a Divorce Case Without Payment of Fees (In Forma Pauperis)

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These instructions and forms are a product of the Nebraska Supreme Court’s Implementation Committee on Pro Se Litigation and are provided as a public service to people who want to do their own divorce cases.

NOTE: THE SUPREME COURT DOES NOT REPRESENT THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN YOUR CASE. ANY QUESTIONS YOU MAY HAVE REGARDING THE USE OF THE INSTRUCTIONS AND FORMS SHOULD BE DIRECTED TO A LAWYER.

Although these instructions and forms were developed to assist people who are handling their own cases, the Supreme Court’s Implementation Committee on Pro Se Litigation urges anyone thinking of handling their own case to consider getting a lawyer to help with the divorce case.

Introduction

In order to file your divorce case with the Clerk of the District Court, you must pay a filing fee.

In addition to the filing fee, you will be responsible for other costs.  For example, in most cases your spouse must be served with a Summons and a copy of the Complaint for Dissolution of Marriage.  The cost of service by the sheriff depends on several things, including the distance traveled by the sheriff and the number of times the sheriff tries to serve your spouse.  Typical costs range from $20 to $30.

If the court allows you to serve by publication, there will also be costs for that.  Publication in a local paper can cost from $60 to $80.

If you cannot afford these costs, Nebraska law allows you to ask the court to have the county pay your costs.  In order to have the county pay for the costs in the case, an Affidavit (a paper signed under oath and before a Notary Public) must be given to the court that shows the court why you are unable to pay the costs.

To qualify to have your costs paid by the county, you must show to the court that you cannot afford to pay those costs and that you have no other reasonable way to pay for such costs.

Forms and Filing

Forms

Complete list of forms and instructions.

Filing

If you wish to ask the court to waive costs, here is what you must do:

This page was last modified on Wednesday, April 17, 2013