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Nebraska Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 3, 2024

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A Nebraska divorce can be an emotionally stressful, expensive and frustrating. This comprehensive guide to Nebraska divorce aims to ease that burden by providing a complete overview of the Nebraska divorce process. If you are considering a divorce, currently navigating divorce proceedings, or supporting a loved one facing a divorce in Nebraska, this guide can help. In this definitive guide to Nebraska divorce, you will learn everything you need to know, including:

How do you file for divorce in Nebraska?

Filing for a divorce in Nebraska is a structured process that ensures the proper legal procedures are followed. Here's a comprehensive breakdown of the steps involved:

  1. Obtain the Necessary Forms: The divorce process begins with obtaining the required legal forms. These forms can be accessed from the Nebraska Judicial Branch's website or obtained from your local courthouse. It's crucial to ensure you have the most up-to-date forms to avoid complications.
  2. Complete the "Complaint for Dissolution of Marriage": The primary document initiating the divorce is the "Complaint for Dissolution of Marriage." This document serves as the foundation of your divorce case. It necessitates you provide essential information about your marriage, including details on both spouses, grounds for divorce, and proposed terms for critical issues like property division, child custody, and financial support.
  3. File with the Clerk of the District Court: Once the necessary paperwork is correctly filled out, you must file it with the clerk of the district court in the county where either you or your spouse resides. Choosing the appropriate court is vital to ensure jurisdiction over your case.
  4. Service of Process: After filing, the Nebraska legal system requires that the other spouse be officially notified of the divorce proceedings. This is done through a legal process known as "service of process." Proper service ensures that your spouse is aware of the divorce and has the opportunity to respond.
  5. Response and Contested vs. Uncontested Divorce: Upon receiving the divorce papers, your spouse has a specified timeframe to respond. If both parties agree on the terms outlined in the divorce complaint, the process can proceed uncontested. Uncontested divorces are typically quicker and less adversarial. However, if disagreements persist, the divorce may become contested, potentially requiring mediation or a court trial to resolve the disputed issues.

What are the residency requirements for a Nebraska divorce?

To file for a divorce in Nebraska, you must meet specific residency requirements:

  • At least one spouse must have been a resident of Nebraska for a minimum of one year before filing for divorce.
  • However, if your marriage took place in Nebraska, and one spouse has continuously resided in the state since the date of marriage, the one-year residency requirement is waived. This exception simplifies the process for couples married in Nebraska.

What are the grounds for divorce in Nebraska?

Nebraska adheres to a no-fault divorce system, which means that the only recognized ground for divorce is an "irretrievable breakdown" of the marriage. This concept represents a fundamental shift in divorce law, offering significant advantages to couples seeking to end their marriage.

In a no-fault divorce, neither party is required to prove fault, wrongdoing, or misconduct on the part of the other spouse. This departure from older fault-based divorce systems, where grounds like adultery, cruelty, or abandonment needed to be established, has several benefits.

  1. Streamlined Process: The no-fault approach simplifies the divorce process considerably. Without the need to delve into accusations or assign blame, couples can focus on resolving the practical aspects of their separation. This results in less adversarial legal proceedings, reducing animosity and emotional stress.
  2. Reduced Legal Complexity: No-fault divorces often involve fewer legal complexities. There's no need to gather evidence or engage in protracted courtroom battles to prove wrongdoing. This streamlined approach is particularly advantageous when spouses are in agreement about the divorce or can cooperate in reaching resolutions on critical issues like property division, child custody, and support.
  3. Fostering Amicable Resolutions: By eliminating the need to establish fault, no-fault divorce encourages couples to seek amicable solutions. Mediation and negotiation become more viable options, leading to more cooperative and efficient outcomes. This benefits not only the divorcing parties but also any children involved.
  4. Emphasis on Irretrievable Breakdown: The core focus of a no-fault divorce is acknowledging the irretrievable breakdown of the marriage. This means that the relationship has deteriorated to the point where reconciliation is no longer feasible. It recognizes that marriages can falter for various reasons and that assigning blame doesn't serve the best interests of either party or any dependents.

A no-fault divorce in Nebraska provides couples with a more straightforward, less confrontational, and emotionally less taxing path to ending their marriage. It places the emphasis on the practical aspects of the separation, facilitating a more constructive approach to resolving the issues that must be addressed as the couple moves forward with their lives separately. This approach aligns with the changing dynamics of modern relationships, recognizing that marriages can end for various reasons, but it's in the best interest of all parties involved to navigate the process with as little acrimony and complexity as possible.

How can you get a quick divorce in Nebraska?

A quick divorce in Nebraska can be achieved through various strategies:

  • Uncontested Divorce: If both spouses can reach an agreement on all aspects of the divorce, including property division, child custody, and support matters, you can file for an uncontested divorce. This streamlined process often proceeds more swiftly than contested divorces.
  • Efficient Document Preparation: Being well-organized and having all necessary documentation ready can expedite the process. Ensure you have all financial records, property documents, and relevant information prepared and readily available.
  • Legal Assistance: Consult with an experienced family law attorney to guide you through the process efficiently and help you navigate any legal complexities. They can ensure that all required forms are correctly filled out and filed promptly.
  • Mediation: In some cases, mediation can help resolve disputes more quickly than court litigation. Mediation involves a neutral third party facilitating negotiations between you and your spouse to reach a mutually acceptable agreement.

By pursuing these strategies and maintaining open communication with your spouse, you can work toward a quick Nebraska divorce.

Does Nebraska require separation before divorce?

Nebraska law does not impose a mandatory separation period before filing for or finalizing a divorce. Unlike some states that require spouses to live apart for a specific duration before initiating divorce proceedings, Nebraska operates differently.

Once the divorce paperwork, including the "Complaint for Dissolution of Marriage," is properly filed with the clerk of the district court in the relevant county and the other spouse is officially served with the divorce papers, the process can move forward. The timeline for the divorce proceedings will depend on various factors, including the court's docket, the complexity of the case, and whether the divorce is contested or uncontested.

This flexibility is advantageous for couples who have reached a mutual decision to divorce and wish to proceed without undergoing a formal separation period. It allows them to initiate the divorce process promptly, leading to quicker resolutions.

How much does a Nebraska divorce cost?

The cost of a Nebraska divorce can vary significantly based on several factors, including the complexity of the case and whether it is contested or uncontested. Here are some cost considerations:

  1. Filing Fees: Nebraska has state-mandated filing fees associated with initiating a divorce. These fees are set by the state and are typically paid when submitting the initial divorce paperwork.
  2. Attorney Fees: If you choose to hire an attorney to represent you during the divorce proceedings, you'll need to consider their fees. Attorney fees can vary widely depending on their experience and the complexity of the case.
  3. Mediation Fees: In cases where disputes need resolution but the parties wish to avoid courtroom litigation, mediation may be necessary. Mediation fees, if applicable, should be factored into the overall cost.
  4. Court Costs: Various court-related costs may arise during the divorce process, such as fees for processing documents and other administrative expenses.
  5. Parenting Classes: If you have children and your divorce requires participation in parenting classes, these classes may have associated fees.

In uncontested divorces, where both parties agree on all terms, costs generally tend to be lower. This is because there is less need for extensive legal representation and court time. In contrast, contested divorces, where disputes over child custody, property division, or other matters exist, can be more expensive due to the additional time and resources required to resolve these issues through court proceedings.

It's essential to consult with an attorney to get a better estimate of the specific costs associated with your unique circumstances and to explore options for cost-effective resolutions.

How long does a Nebraska divorce take?

The duration of a Nebraska divorce can vary widely depending on several factors:

  1. Contested vs. Uncontested: In uncontested cases where the parties agree on all terms, such as property division, child custody, and support, the divorce process can be completed relatively quickly. Such cases may be finalized in a few months.
  2. Complexity: The complexity of the case plays a significant role in the timeline. Contested divorces, where disputes over critical issues exist, can extend the process, often taking a year or more to resolve through court proceedings.
  3. Court Docket: The availability of court dates and the court's docket also influence the timeline. Courts may have varying schedules and caseloads, affecting the scheduling of hearings and the overall pace of the divorce.
  4. Negotiation and Mediation: The willingness of both parties to negotiate and reach agreements outside of court can expedite the process. Mediation, where a neutral third party helps facilitate resolutions, can also lead to quicker settlements.

It's crucial to maintain realistic expectations about the timeline of your divorce, especially in contested cases. Consulting with an attorney can provide insights into the specific factors affecting the duration of your divorce proceedings.

How is property divided in a Nebraska divorce?

Nebraska follows the principle of equitable distribution when it comes to dividing marital property. Here's a more detailed explanation of how property division works:

  1. Equitable Distribution: Nebraska courts aim to divide marital property equitably, which means fairly but not necessarily equally. The focus is on ensuring that the division is just and takes into account the specific circumstances of the case.
  2. Consideration of Factors: When determining how to divide property, the court considers various factors, including:
    • The duration of the marriage.
    • Each spouse's economic circumstances and financial contributions.
    • Non-monetary contributions, such as homemaking and child-rearing.
    • The value of marital assets and debts.
    • Any sacrifices one spouse may have made to support the other's career or education.
  3. Marital vs. Separate Property: It's essential to distinguish between marital and separate property. Marital property typically includes assets acquired during the marriage, while separate property consists of assets owned by one spouse before the marriage or received as gifts or inheritance during the marriage. Marital property is subject to division, while separate property generally remains with the respective spouse.
  4. Negotiation and Agreements: In many cases, couples can negotiate and reach their own agreements regarding property division, which can then be presented to the court for approval. This allows for more flexibility and control over the outcomes.
  5. Court Intervention: If spouses cannot agree on property division, the court will step in to make a determination based on the equitable distribution principle and the specific factors of the case.

How is child custody determined in Nebraska?

Child custody decisions in Nebraska are made with the primary focus on the best interests of the child. The courts take several factors into account when determining child custody arrangements:

  1. Parent-Child Relationship: The courts assess the relationship between each parent and the child. Factors considered include the quality of the emotional bonds, the level of support and involvement in the child's life, and the ability to provide a stable and nurturing environment.
  2. Child's Needs: The child's physical, emotional, and developmental needs are of paramount importance. Courts examine how each parent can meet these needs, considering factors like the child's age, health, and specific requirements.
  3. Adjustment Factors: The court evaluates how well the child has adjusted to their home, school, and community. Stability and continuity in these areas are significant considerations.
  4. Legal vs. Physical Custody: The court addresses both legal custody (decision-making authority regarding the child's education, healthcare, religion, etc.) and physical custody (where the child resides). Joint legal custody, where both parents share decision-making, may be favored when it's in the child's best interests. Physical custody can be joint or sole, depending on the circumstances.
  5. Sibling Relationships: If the child has siblings, maintaining those relationships may also be a factor in custody decisions.
  6. Parental Cooperation: Willingness and ability to cooperate and facilitate a healthy co-parenting relationship may positively influence custody arrangements.
  7. Child's Wishes: Depending on the child's age and maturity, their preferences regarding custody may be considered.

It's important to note that the court aims to create a custody arrangement that provides stability, promotes the child's well-being, and ensures their safety. While joint custody is often encouraged when it serves the child's best interests, sole custody may be awarded in cases where it is deemed necessary for the child's welfare.

How does child support work in Nebraska?

Child support in Nebraska is determined through a structured process governed by the Nebraska Child Support Guidelines. These guidelines are designed to ensure that the financial needs of the child are met, and both parents contribute to their upbringing. Here's a more detailed breakdown:

  1. Income Consideration: The guidelines take into account both parents' incomes, including wages, salaries, bonuses, and certain other sources of income.
  2. Number of Children: The number of children requiring support is a key factor in the calculation. Child support obligations increase with each additional child.
  3. Custody Arrangement: The custody arrangement also influences child support calculations. In cases of joint physical custody, where the child spends substantial time with both parents, the support obligation may be adjusted accordingly.
  4. Additional Expenses: Child support calculations consider other expenses, such as healthcare costs, child care expenses, and educational costs, including tuition and extracurricular activities.
  5. Income Deductions: Certain deductions, such as taxes and other court-ordered child support obligations, are taken into account.

The goal is to establish an appropriate child support amount that ensures the child's financial needs are met, allowing them to enjoy a similar standard of living as they would if the parents lived together. These guidelines provide a standardized approach to child support determination, promoting fairness and consistency.

How is alimony determined in Nebraska?

Alimony, also known as spousal support, is not guaranteed in every divorce case in Nebraska. Instead, it is awarded based on several factors that the court considers when evaluating the need and ability to pay. Here are the key factors:

  1. Length of Marriage: The duration of the marriage plays a significant role in alimony determination. Longer marriages may be more likely to result in alimony awards.
  2. Financial Resources: The court assesses the financial resources of each spouse. This includes income, assets, and liabilities. If one spouse has significantly more financial resources than the other, alimony may be more likely.
  3. Standard of Living: The court considers the standard of living maintained during the marriage. Alimony may be awarded to help the lower-earning spouse maintain a reasonably comparable standard of living after the divorce.
  4. Education and Training: If the spouse seeking alimony requires education or training to gain suitable employment and become self-sufficient, the court may award rehabilitative alimony. This type of alimony supports the recipient while they acquire the necessary skills or education.
  5. Custodial Responsibilities: If one spouse has significant custodial responsibilities for minor children, this can be a factor in alimony determination.
  6. Other Relevant Factors: The court may consider any other relevant factors that could impact the financial needs and resources of both parties.

It's important to note that alimony in Nebraska is not meant to be punitive but rather a means to assist the financially disadvantaged spouse in achieving financial independence post-divorce. The court carefully weighs these factors to make a fair and reasonable determination regarding the amount and duration of alimony.

Nebraska divorce: frequently asked questions

Can I change my divorce lawyer in the middle of the process? 

Yes, you can change your divorce lawyer if you're not satisfied with their services. However, it's essential to consider the timing and ensure a smooth transition to avoid delays.

Are online divorce services a reliable option in Nebraska? 

Online divorce services can be a convenient and cost-effective option for uncontested divorces in Nebraska, but they may not suit complex cases. Be sure to research reputable providers.

Is prenuptial agreement considered during a divorce in Nebraska? 

Yes, prenuptial agreements are typically considered during divorce proceedings in Nebraska, as they outline how assets and debts should be divided.

What happens to shared debts in a Nebraska divorce? 

Shared debts are divided between spouses during a Nebraska divorce. The court may assign responsibility based on various factors, such as who incurred the debt.

Can a divorce affect my immigration status in the United States? 

A divorce can potentially impact your immigration status if your residency or citizenship is dependent on your marriage. Seek legal advice for guidance in such cases.

Are there alternatives to traditional litigation for divorce in Nebraska? 

Mediation and collaborative divorce are alternative methods to traditional litigation in Nebraska. They emphasize negotiation and can be less adversarial.

Can grandparents seek visitation rights in a Nebraska divorce case? 

In a Nebraska divorce, grandparents may be able to seek visitation rights if it is in the best interest of the child, but the court will consider various factors.

How can I protect my business during a divorce in Nebraska? 

Protecting a business during a Nebraska divorce may involve valuation, negotiation, or even a prenuptial agreement. Consult with a family law attorney for guidance.

What rights do same-sex couples have in a Nebraska divorce? 

Same-sex couples in Nebraska have the same rights as opposite-sex couples in divorce proceedings, thanks to marriage equality.

Are there resources for counseling or support during a divorce in Nebraska? 

Yes, Nebraska offers various resources for counseling and emotional support during divorce, such as support groups and mental health services.