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 for divorce laws. Each state has developed their 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.
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.