I had filed for divorce 8 years ago and the attorney that I hired told me to sign some papers and then I'll be done. I just found out last year, after I had gotten engaged to another woman, that it was never actually filed and the attorney I had was fired so no questions answered there. I need to know if I can just file something with the court that can just get it done and over with as soon as possible. I have full custody of our daughter because she has been in and out of prison for the last decade and she has never attempted to get custody or even contact us for over 8 years so there shouldn't be a complication in that area and we didn't own any property together, plus I have paid off almost $30,000 in debt that she left. I just need to know what kind of process I'll have to go through.
If your divorce lingers without prosecution for 6 months, it is generally dismissed by the Court. If it was never actually filed, then you need to file a new case. Then you will need to either have your spouse served by sheriff or provide a voluntary appearance. There is no way around the statutory required 60 day waiting period even if you agree on everything. You can use the self help forms available from Nebraska Supreme Court and/or meet with your local Self Help Desk if you don't want to hire counsel, but if you can afford to do so, having an attorney is always your best bet (just look for someone highly reputable this time).
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.