Nebraska Divorce Laws

Divorce in Nebraska

Residents of Nebraska seeking a divorce must first be aware of the state’s specific laws and legal timelines. This is why it’s essential to consult a skilled attorney who can guide you through the complicated nuances of a dissolution of marriage. In order to obtain a divorce in Nebraska, an individual or their spouse must have been a resident of the state for at least one year prior to filing. The marriage must also be considered “irretrievably broken” before it can be terminated.

Parties involved in a Nebraska divorce must also consider several additional factors such as the division of assets, alimony, and any potential child-related issues. It is important to note that any rulings related to minor children are always made in the best interests of said child(ren). Alimony awards will also take into consideration both parties’ finances and current or projected earning abilities.
Before filing in Nebraska, it is vital to understand all associated laws and regulations and how they may affect your own personal situation. It is also strongly encouraged to seek the guidance of an experienced legal professional to ensure that all necessary steps are taken to facilitate a fair and just dissolution of marriage.

Nebraska Divorce Details

To understand a particular state’s laws you need to dig back into their history to see how that state was formed. For instance, states with a long tradition of hunting might have more relaxed gun laws then a state with concentrated urban areas. The same applies to divorce laws. Each state has developed its specific divorce laws based on the needs and requests of the citizens.

Nebraska can best be described as a “mixed bag” when it comes to divorce law. Couples can file for either a no-fault or a fault-based divorce. The speed with which the divorce will be granted depends on how much agreement there is between the parties. Regardless of those conditions, a judge won’t even consider a petition for the dissolution of a marriage for at least 60 days.

Filing with the Court in Nebraska

You must file your Nebraska divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Nebraska are listed below:

• Lancaster County District Court:
  575 S 10th St., Lincoln, NE 68508 Phone: (402) 441-7328 Fax: (402) 441-6190
• Douglas County District Court:
  1701 Farnam, Omaha, NE 68183 Phone: (402) 444-7018 Fax: (402) 444-1757
• Sarpy County District Court:
  1210 Golden Gate Dr., Papillion, NE 68046-3087 Phone: (402) 593-2267 Fax: (402) 593-4403
• Dakota County District Court:
  1601 Broadway St. Dakota City, NE 68731 Phone: (402) 987-2115 Fax: (402) 987-2117
• Buffalo County District Court:
  1512 Central Ave Kearney, NE 68847 Phone: (308) 236-1246
• Lincoln County District Court:
  301 N Jeffers St. North Platte, NE 69101 Phone: (308) 535-3504 Fax: (308) 535-3527
• Scotts Bluff County District Court:
  1725 10th St. Gering, NE 69341 Phone: (308) 436-6641 Fax: (308) 436-6874

If your County court is not listed, the information for your court will be included in the divorce papers we send you.

No-fault versus Fault Divorce in Nebraska

In a Nebraska no-fault divorce, both spouses agree that the marriage is basically broken beyond repair. They will then mutually sign the agreement and be named co-petitioners. After 60 days, the divorce can be granted. Hopefully, within those 60 days, all the terms regarding child custody and alimony have already been resolved. That is the friendly or uncontested version of a divorce. If there are matters that are contested like child custody, alimony, or the distribution of a property then that will all be settled before a judge.

The not-so-friendly version of a divorce is the fault divorce. However, there are only two specific grounds for a fault divorce in Nebraska. Either one spouse has a mental incapacity that prevents them from signing the divorce papers or they are suffering from alcohol or drug abuse. If either one of those factors can be proven then the petitioner will be granted a fault divorce.

Annulments in Nebraska

Another method of ending a marriage is to seek a court-sanctioned annulment. If granted, the annulment allows all records of the marriage to be expunged.

The grounds for an annulment have to be if the marriage was entered into under fraud or duress if it can be proven that the spouses are actually related to one another, if it is an underage marriage (under 19 with parental consent or under 17 without parental consent), if the spouse is found to be in a bigamous relationship or if they are mentally incompetent.

Nebraska Child Custody Laws

Whenever it is possible, the court will always put the needs of the child first. This means awarding custody to whichever parent is deemed the most worthy.

A judge will closely examine the relationship between the child and the parents. They will also consider the child’s own desires as it relates to how old they are and where they want to live. Of course any evidence of abuse will have a great impact on the final outcome of a child custody case. Any child support agreements end when the child turns 19 or gets married.

Nebraska Alimony Laws

In Nebraska, alimony can be granted as a lump sum, permanent or temporary payments. The judge will consider the costs of bringing up a child and the sacrifices the custodian will incur. They will also take in account the current financial status of both spouses.

FAQs

Commonly asked questions about divorce laws in Nebraska often cover a range of crucial aspects. Here are some frequently asked questions and their corresponding answers:

What are the Grounds for Divorce in Nebraska?

Nebraska is a no-fault divorce state. This means that a divorce can be granted without having to prove fault or specific reasons. Irretrievable breakdown of the marriage is the primary reason cited.

How Long Does it Take to Get a Divorce in Nebraska?

The time for finalizing a divorce in Nebraska varies based on factors such as court schedules, the complexity of the case, and whether the divorce is contested or uncontested. Generally, it can take several months to over a year.

How Is Property Divided in a Divorce in Nebraska?

Nebraska follows the principle of equitable distribution. This means that marital property and debts are divided fairly, though not necessarily equally, based on various factors like the length of the marriage, each spouse’s financial situation, and contributions to the marriage.

Is Nebraska a Community Property State?

No, Nebraska follows the equitable distribution principle for dividing marital property and debts, unlike community property states where assets are typically split 50/50.

Does Nebraska Have Alimony (Spousal Support)?

Yes, Nebraska allows for spousal support. The court may award temporary or long-term support based on factors such as the duration of the marriage, each spouse’s financial situation, and their contributions during the marriage.

How Does Nebraska Handle Child Custody and Support?

Child custody decisions are made based on the best interests of the child. Nebraska courts consider various factors including the child’s relationship with each parent, the parents’ ability to provide for the child, and the child’s wishes (if they’re of sufficient age). Child support is determined using the Nebraska Child Support Guidelines.

Do We Need to Go to Court for a Divorce in Nebraska?

If both parties can agree on all terms of the divorce, they might not need to go to court. Uncontested divorces can often be settled through paperwork and negotiation outside of court. However, if disputes persist, a court appearance might be necessary.

Can I Modify a Divorce Decree in Nebraska?

Modifications to child support, child custody, or spousal support are possible under certain circumstances if there’s a substantial change in circumstances. Legal procedures are typically required for modifications.

These questions address some common concerns people have regarding divorce in Nebraska. As each case is unique, seeking legal advice is recommended to understand individual circumstances and receive accurate guidance throughout the divorce process.