Understanding Nebraska divorce law is essential when you're facing the end of your marriage. The laws in Nebraska govern everything from who can file for divorce to how property is divided, how long the process takes, and what your rights are throughout the dissolution of marriage.
Nebraska's approach to divorce differs from many other states in important ways. Knowing these differences helps you navigate the divorce process more effectively and avoid costly mistakes that could affect your financial future and family relationships.
Nebraska's No-Fault Divorce System
Nebraska divorce law operates under a no-fault system, meaning you don't need to prove your spouse did something wrong to get a divorce. The state adopted this approach in 1972, moving away from fault-based grounds that required proving adultery, cruelty, or abandonment.
The only legal ground for divorce in Nebraska is that the marriage is irretrievably broken. This means the relationship has deteriorated beyond repair and there's no reasonable possibility of reconciliation.
When you file for divorce in Nebraska, your complaint must state that your marriage is irretrievably broken. You don't need to provide detailed explanations about why you believe the marriage cannot be saved or list specific problems in your relationship.
This no-fault system reduces conflict between divorcing spouses and makes the divorce process simpler and less expensive than fault-based systems. Instead of fighting about who caused the marriage to fail, couples can focus on practical matters like property division and child custody arrangements.
Residency Requirements for Filing
Before you can file for divorce in Nebraska, you or your spouse must meet the state's residency requirements. These requirements ensure Nebraska courts have proper jurisdiction over your case.
To file for divorce in Nebraska, one of the following must be true:
- Either you or your spouse must have lived in Nebraska for at least one year before filing, and intend to make Nebraska your permanent home
- You were married in Nebraska, and either you or your spouse has lived in Nebraska continuously from the time of marriage until filing for divorce
The one-year residency requirement applies to most divorces. However, if you were married in Nebraska and have lived in the state continuously since your wedding, you can file for divorce even if less than one year has passed since you married.
Military service members have special considerations under Nebraska divorce law. If you or your spouse serves in the U.S. armed forces, you can meet the residency requirement if one of you has been continuously stationed at a Nebraska military base or installation for one year before filing. You don't need to intend to make Nebraska your permanent home in this situation.
If you don't meet Nebraska's residency requirements, you cannot file for divorce in the state. However, you can file for legal separation while waiting to satisfy the residency requirement, then later amend your complaint to request a divorce once you've lived in Nebraska long enough.
Grounds for Divorce in Nebraska
Nebraska divorce law recognizes only one ground for granting a divorce: the marriage is irretrievably broken. This single ground simplifies the legal process and eliminates the need to prove fault.
When you assert your marriage is irretrievably broken, you're stating that the relationship has broken down so completely that reconciliation is impossible. The court doesn't require you to prove specific acts of misconduct or wrongdoing by your spouse.
If both spouses agree that the marriage is irretrievably broken, the process moves forward more smoothly. However, even if both parties agree, the judge must still independently determine whether the marriage is actually irretrievably broken before granting the divorce.
When one spouse contests the assertion that the marriage is irretrievably broken, the judge examines the situation more carefully. The court considers the circumstances that led to the filing for divorce, any possibility for reconciliation, and other relevant factors about the relationship.
In practice, if one spouse genuinely wants out of the marriage, Nebraska courts typically find the marriage is irretrievably broken. The mere fact that spouses disagree about whether the marriage can be saved demonstrates irreconcilable differences.
The Divorce Process Timeline
Nebraska divorce law establishes specific timelines and waiting periods that affect how quickly your divorce can be finalized.
Filing and Service
The divorce process begins when you file a Complaint for Dissolution of Marriage with the district court in the county where either you or your spouse lives. After filing, you must serve your spouse with notice of the divorce within six months or your case will be automatically dismissed.
You can serve your spouse through a voluntary appearance where they sign forms acknowledging the case, service by the sheriff's department, or in some cases, service by publication in a newspaper.
Response Period
After your spouse is served, they have 30 days to file a written response with the court. This period starts the day after the service occurs or the day after you file a voluntary appearance signed by your spouse.
Your spouse doesn't have to respond, but they're entitled to do so if they want to contest any terms of the divorce or present their own requests to the court.
Mandatory 60-Day Waiting Period
Nebraska divorce law requires a mandatory waiting period of at least 60 days after your spouse is served before the court can hold a final hearing. This waiting period gives couples time to attempt reconciliation and work out settlement terms.
The 60-day period begins:
- The day after the sheriff serves your spouse in person
- The day after you file a voluntary appearance signed by your spouse
- The day after the last newspaper publication, if youare served by publication
Even if both spouses want the divorce finalized quickly and agree on all terms, Nebraska law requires a minimum 60-day waiting period.
When the Decree Becomes Final
Once the judge signs the Decree of Dissolution of Marriage, your divorce isn't immediately final for all purposes. The decree becomes effective 30 days after the judge signs it for appeal purposes.
However, for remarriage and certain other purposes, your divorce isn't considered completely final for six months after the decree is signed. During these six months, you cannot remarry anyone except your ex-spouse.
Property Division Under Nebraska Law
Nebraska divorce law follows the principle of equitable distribution when dividing marital property. This means the court divides assets and debts fairly, though not necessarily equally, between spouses.
Marital vs. Separate Property
The first step in property division is classifying property as either marital or separate. Marital property includes assets and debts accumulated during the marriage through the joint efforts of both spouses.
Separate property includes assets either spouse owned before marriage, gifts or inheritances received by one spouse during the marriage, and property specifically designated as separate in a prenuptial agreement.
The court sets aside separate property to the spouse who brought it into the marriage or received it individually. Only marital property is subject to division between spouses.
How Courts Divide Property
Nebraska divorce law requires courts to divide the marital estate equitably based on several factors:
Factor Courts Consider | How It Affects Division |
Duration of marriage | Longer marriages typically result in more equal division |
Contributions to marriage | Both financial and non-financial contributions matter |
Income and earning capacity | Future ability to earn affects what's fair now |
Custody of children | Custodial parent may receive more to maintain home |
Health and age | Health problems or advanced age can affect division |
Prior marriages | Obligations from previous relationships matter |
While there's no precise mathematical formula, courts generally award each spouse between one-third and one-half of the marital estate. The specific percentage depends on the facts of your case.
Retirement Accounts and Pensions
Nebraska divorce law specifically requires courts to include pension plans, retirement plans, annuities, and other deferred compensation benefits in the marital estate, whether vested or not.
The portion of retirement benefits earned during the marriage belongs to the marital estate and is subject to division. Benefits earned before marriage or after separation typically remain separate property.
Dividing retirement accounts requires a Qualified Domestic Relations Order (QDRO) for employer-sponsored plans. This specialized court order instructs the plan administrator to divide benefits according to your divorce decree.
Alimony and Spousal Support
Nebraska divorce law allows courts to award alimony, also called spousal support or maintenance, when one spouse needs financial assistance after divorce.
Alimony decisions consider several factors including circumstances of each spouse, length of the marriage, contributions each spouse made to the marriage including childcare and education, interruptions to careers or education during the marriage, and ability of the supported spouse to work without interfering with children's interests.
The ultimate test for awarding alimony is reasonableness based on the facts of your case. Alimony shouldn't be used to equalize incomes or punish either spouse. Rather, it helps provide continued support when relative economic circumstances make it appropriate.
Nebraska divorce law allows courts to award different types of alimony. Temporary alimony provides support during the divorce process. Rehabilitative alimony helps a spouse gain education or training to become self-supporting. Permanent alimony may be awarded in long marriages when one spouse cannot reasonably become self-supporting.
Unless your divorce decree expressly precludes modification, alimony can be modified later if circumstances change significantly. The paying spouse can request reduction if their income decreases substantially, while the receiving spouse can request an increase if their needs grow.
Child Custody and Support
When divorcing couples have children under age 19, Nebraska divorce law addresses custody arrangements and financial support obligations.
Types of Custody
Nebraska law recognizes two types of custody: legal custody and physical custody. Legal custody refers to authority to make major decisions about children's upbringing including education, healthcare, and religious training. Physical custody refers to where children live and which parent exercises day-to-day care.
Both types of custody can be awarded solely to one parent or jointly to both parents. Joint legal custody means parents share decision-making authority. Joint physical custody means children spend significant time living with both parents, though not necessarily equal time.
Determining Custody
Courts determine custody based on the best interests of the child. Nebraska divorce law doesn't presume either parent should receive custody. Instead, judges consider factors like each parent's relationship with the child, each parent's ability to provide a stable home, the child's adjustment to home and school, and the child's preference if the child is of sufficient age.
All divorcing parents in Nebraska must complete a parenting education course before the divorce can be finalized. These courses help parents understand how divorce affects children and learn strategies to minimize negative impacts.
Child Support
Both parents have financial obligations to support their children regardless of custody arrangements. Nebraska uses the Income Shares Model to calculate child support, which determines support amounts based on both parents' incomes and the number of children.
The court considers gross income from all sources, mandatory deductions like taxes and insurance, additional expenses like health insurance for children and childcare costs, and parenting time arrangements.
Child support orders can be modified when circumstances change significantly, such as substantial income changes, changes in custody arrangements, or changes in children's needs.
Legal Separation vs. Divorce
Nebraska divorce law allows couples to file for legal separation as an alternative to divorce. Understanding the difference helps you choose the right option for your situation.
Legal separation is a court order that you and your spouse will live separately. It addresses property division, support obligations, and custody arrangements just like divorce. However, legal separation doesn't end your marriage. You remain legally married even though you're living apart.
Some couples choose legal separation for religious reasons, uncertainty about whether they want to end the marriage, or practical concerns like health insurance coverage. If you file for legal separation but later decide you want a divorce, you can amend your complaint once you've met residency requirements.
Property Settlement Agreements
Nebraska divorce law encourages spouses to reach their own agreements about property division, support, and custody rather than having a judge decide for them.
A property settlement agreement is a written contract between spouses that resolves all issues in the divorce. These agreements can address maintenance of either spouse, disposition of property owned by either spouse, support and custody of minor children, and any other relevant matters.
Nebraska courts generally approve property settlement agreements unless the judge finds the agreement is unconscionable, meaning manifestly unfair or inequitable. Courts favor settlement agreements and will not set them aside absent serious problems.
However, agreements about child custody and support are never fully binding on courts. Nebraska divorce law allows judges to modify these provisions if they're not in the children's best interests.
What Happens After the Judge Signs the Decree
Once the judge signs your Decree of Dissolution of Marriage, several important timeframes affect when various aspects of your divorce become final.
The decree becomes effective for most purposes 30 days after the judge signs it. During these 30 days, either party can appeal the judge's decisions. After 30 days pass without an appeal, the decree can no longer be challenged.
However, the decree doesn't become completely final for remarriage purposes until six months and one day after the judge signs it. During this six-month period, you cannot remarry anyone except your former spouse.
Nebraska law provides this extended period to allow for potential reconciliation. During the six months, the marital relationship technically continues for some purposes. The court retains authority to modify or vacate the decree for good cause during this period.
After the decree is signed, both spouses must follow its terms. The decree is a court order, and violating it can result in contempt of court proceedings. If your ex-spouse doesn't comply with the decree's terms, you can file a motion asking the court to enforce the order.
Representing Yourself vs. Hiring an Attorney
Nebraska divorce law allows you to represent yourself in divorce proceedings. You're not legally required to hire an attorney, and the law permits you to proceed "pro se," handling your own case.
However, self-representation comes with significant challenges. The court clerk cannot provide legal advice or help you prepare documents. Court staff can only provide limited procedural information. You're responsible for correctly completing all forms, following all procedures, and protecting your own legal rights.
Most people benefit from attorney representation, especially when the divorce involves children, substantial assets or debts, contested issues, or complex legal questions. An experienced divorce attorney understands Nebraska divorce law and can protect your interests throughout the process.
If you cannot afford full representation, consider limited scope representation where you hire an attorney to handle specific tasks while you manage other aspects yourself. This hybrid approach provides professional help with the most complex parts of your case while keeping costs lower than full representation.
Moving Forward With Your Divorce
Nebraska divorce law provides a structured framework for ending marriages while protecting both spouses' rights and ensuring children's best interests are served. Whether your divorce is amicable or contentious, understanding these laws helps you navigate the process more effectively.
From meeting residency requirements to filing your complaint, serving your spouse, waiting out mandatory periods, and reaching settlement or going to trial, each step in the divorce process matters. The decisions you make during your divorce affect your financial future, your relationship with your children, and your ability to move forward with your life.
By understanding Nebraska divorce law and working with experienced legal counsel when appropriate, you can protect your interests while bringing your marriage to a fair and lawful conclusion. The laws exist to ensure both parties are treated equitably and that the dissolution of marriage proceeds according to proper legal procedures.
Whether you're just beginning to consider divorce or actively working through the process, knowing your rights and responsibilities under Nebraska divorce law empowers you to make informed decisions about your future.