When Sarah and Jennifer decided to end their five-year marriage, they weren't sure if Nebraska would treat them the same as other divorcing couples. The good news? Since 2015, same-sex marriages have had the same legal standing as any other marriage in Nebraska. If you're in a same-sex marriage and considering divorce, you have the same rights and follow the same process as everyone else.
How Nebraska Law Changed for Same-Sex Couples
Nebraska once defined marriage as only between one man and one woman. This created serious problems for same-sex couples who were legally married in other states but couldn't get divorced in Nebraska because their marriage wasn't recognized here.
Everything changed in 2015 with the Supreme Court's Obergefell decision. This ruling made same-sex marriage legal nationwide. Nebraska had to recognize these marriages and allow same-sex couples to divorce just like anyone else.
Today, courts cannot treat you differently because of your sexual orientation. Judges must apply the same standards to your divorce as they would to any other couple.
Basic Requirements to File for Divorce
You need to meet Nebraska's residency requirement before filing. Either you or your spouse must have lived in Nebraska for at least one full year. The only exception is if you got married in Nebraska, have been married less than one year, and lived here since your wedding.
You start the divorce by filing a Complaint for Dissolution with the district court clerk in your county. This document must be properly delivered to your spouse through official legal channels.
Nebraska requires a waiting period of at least 60 days after your spouse receives the divorce papers before the court can finalize your divorce. Your spouse has 30 days to respond if they want to, but they don't have to file anything.
Types of Divorce Available
Different divorce options work for different situations. The type you choose depends on whether you and your spouse can agree on important issues like property division, support, and child custody.
Uncontested Divorce
This works when you both agree on everything related to property division, support, and custody. It's the fastest and cheapest option. You create a legal agreement outlining your decisions, and the court reviews and approves it. Most couples prefer this approach when possible because it keeps costs down and reduces stress.
Collaborative Divorce
When you can't agree on everything but want to negotiate, each person hires a lawyer. The lawyers work together to help you settle without going to trial. This costs more than an uncontested divorce but less than a trial. Both spouses must be willing to work together in good faith for this option to succeed.
Mediation and Arbitration
A mediator helps guide discussions so you can find solutions together. You still make the final decisions about how to resolve your disagreements. An arbitrator is similar but makes binding decisions for you about disputed issues. Both options save time and money compared to a trial.
Contested Divorce
When you can't agree even after trying other methods, a judge decides everything for you. This is the most expensive and stressful option, but sometimes it's necessary. You lose control over the outcome because a judge makes all final decisions based on the evidence presented in court.
Legal Separation
Legal separation lets you live apart and divide finances while staying legally married. This can help if you're not ready to completely end the marriage or if one spouse hasn't lived in Nebraska long enough to divorce.
You only need to live in Nebraska for six months to get a legal separation, compared to one year for divorce. During separation, you keep certain marriage benefits like health insurance. Some couples use this as a trial period to see if they might reconcile. If you later decide to divorce, you can convert the legal separation to a full divorce.
How Property Gets Divided
Nebraska uses "equitable distribution," which means fair but not necessarily equal. The court divides marital property based on several factors that help determine what's fair for both people.
Marital property includes most things acquired during your marriage. This covers houses, cars, bank accounts, retirement funds, and businesses. The court considers how long you were married, each person's financial situation, who contributed what, and whether one person helped the other's career.
Debts also get divided fairly. This includes mortgages, car loans, and credit cards. The court looks at who created each debt, what it was for, and each person's ability to pay. Both assets and debts from your marriage need to be addressed in your divorce settlement.
Spousal Support
Spousal support, also called alimony, isn't automatic in every divorce. It helps a spouse who gave up career opportunities during the marriage. Courts consider many factors when deciding whether to award it and how much to provide.
Here's what courts look at when making spousal support decisions:
Factor | What It Means |
Financial Resources | Each person's income and ability to support themselves |
Time Out of Work | How long someone has been out of the workforce, and what retraining they need |
Age and Health | Whether age or health affects the ability to work |
Standard of Living | The lifestyle you had during marriage |
Marriage Length | How long were you legally married |
Contributions | Non-financial contributions like homemaking or supporting your spouse's career |
Because same-sex marriage only became legal in Nebraska in 2015, most same-sex couples haven't been married long enough for long-term alimony. However, temporary support is possible if one spouse has a much higher income and the other gave up career opportunities. The court might award short-term support to help someone get education or training to re-enter the workforce.
Child Custody Decisions
Courts decide custody based solely on what's best for the child. Your sexual orientation cannot be held against you. Nebraska law treats LGBT parents the same as other parents when making custody determinations.
Types of Custody
Legal custody means the right to make important decisions about your child's education, healthcare, and religious upbringing. Physical custody determines where your child lives and who handles daily care. You can have sole custody where one parent has all rights, or you can share custody with your ex-spouse where you both participate in parenting.
Parental Rights for LGBT Families
If both spouses are legal parents through adoption, biology, or because the child was born during your marriage, you have equal standing. If only one parent has legal rights, the situation gets more complicated and requires careful legal analysis.
Nebraska recognizes that someone who acts "in place of a parent" might seek custody rights. This applies when you've assumed parental responsibilities without formal adoption. These cases are complex and very fact-specific, so working with an experienced family law attorney becomes especially important.
Courts consider your relationship with the child, who has been the primary caregiver, each parent's home stability, the child's adjustment to school and community, and the child's preferences if they're old enough. What matters most is demonstrating your commitment to your child's wellbeing and your ability to provide a stable, loving home.
Child Support Basics
Both parents must financially support their children regardless of custody arrangements. Nebraska uses income shares guidelines that apply the same way to everyone, ensuring children receive adequate support from both parents.
Child support calculations include each parent's income, how much time the child spends with each parent, the number of children, and special needs like healthcare and childcare costs. The state has established formulas that help determine fair support amounts based on these factors.
The parent with less parenting time usually pays support to the other parent. If you share time fairly equally, the higher-earning parent typically pays support. Support covers food, clothing, shelter, medical insurance, and other necessary expenses that children need.
Child support continues until your child turns 19 in Nebraska, or longer if they have special needs. Parents sometimes agree to continue support through college years, though this isn't automatically required by law.
Protecting Yourself During Divorce
Taking active steps to protect your interests during divorce helps ensure the best possible outcome. Being organized and informed makes the process smoother and less stressful for everyone involved.
Gather Your Documents
Collect financial records including bank statements, tax returns, retirement account statements, and information about all assets and debts. If you have children, keep records of your involvement in their lives. Documentation of school events, medical appointments, and daily care activities can support your custody case. Having organized records helps your attorney understand your situation and advocate effectively for you.
Consider Legal Help
While you can represent yourself, an experienced attorney understands how courts handle different issues and can protect your rights. Some lawyers have specific experience with LGBTQ families and understand the unique concerns you might face.
If you can't afford full representation, look into limited scope representation where a lawyer helps with specific parts of your case. Some counties offer free divorce clinics with legal assistance. Nebraska Legal Group and other firms provide free consultations to help you understand your options before making decisions.
Try to Reach Agreements
If you can communicate with your spouse, try working out agreements before going to court. The more you agree on, the less the court decides for you. This typically means lower costs and faster resolution.
Being reasonable and flexible about smaller issues can help you get better results on the things that matter most to you. Remember that going to trial is expensive and unpredictable, so settlement usually benefits both parties.
Common Questions
Many same-sex couples have specific concerns about their divorce rights in Nebraska. These are some of the most frequently asked questions that LGBT couples face during divorce proceedings.
Will courts treat us differently because we're a same-sex couple?
No. The law requires equal treatment regardless of sexual orientation. If you experience unfair treatment, document it and tell your attorney. Judges are bound by law to be impartial and cannot make decisions based on bias or prejudice against LGBT individuals.
What about years we lived together before marriage was legal?
Divorce laws apply to your legally married period. Property or finances from before marriage might have other legal options outside the divorce process. Some couples have significant shared assets from years before their marriage was recognized, which can complicate property division.
Can my sexual orientation affect custody?
Your sexual orientation alone cannot be used to deny custody or parenting time. Courts focus on what's best for your child. Nebraska law specifically protects against discrimination based on sexual orientation in custody cases.
What if my spouse threatens to use my orientation against me?
These threats have no legal validity. Judges must be impartial by law. A strong attorney can protect your rights and address inappropriate arguments. Many LGBT couples worry about bias, but legal protections exist to ensure fair treatment regardless of sexual orientation or gender identity.
Moving Forward
Divorce is difficult, but knowing your rights makes the process less overwhelming. Nebraska provides same-sex couples with the same legal protections available to all married couples seeking to end their marriages.
Whether your divorce is simple or involves complex property, support, or custody issues, you have options for fair resolution. Take time to understand these options, gather necessary documents, and seek appropriate legal guidance. The more informed you are, the better decisions you can make about your future.
You don't have to face this alone. Legal assistance is available, and many attorneys understand the unique concerns LGBT families might have. Support from friends, family, or counseling professionals can also help you manage the emotional aspects of ending your marriage.
The legal landscape for LGBT rights has changed dramatically since 2015. Today, Nebraska law provides clear pathways for same-sex couples to end their marriages with dignity and fairness. By knowing your rights and taking informed action, you can move through the divorce process toward your future with greater certainty and peace of mind.