When marriages end in Nebraska, couples often wonder what reasons they need to provide to the court. Understanding Nebraska divorce causes helps you know what to expect when filing for dissolution of marriage and how the state's unique approach to divorce works.
Unlike some states that require you to prove your spouse did something wrong, Nebraska takes a different approach. The state's divorce laws focus on whether your marriage can be saved rather than who's at fault for its problems.
Nebraska's No-Fault Divorce System
Nebraska is a no-fault divorce state, which means you don't need to prove your spouse committed adultery, abuse, or abandonment to get a divorce. The state adopted this approach in 1972, moving away from the fault-based system that required couples to air their dirty laundry in court.
The only legal ground for divorce in Nebraska is that the marriage is "irretrievably broken." This means the relationship has deteriorated to the point where it cannot be repaired. You don't need to provide detailed explanations about why you believe the marriage has failed.
This no-fault approach makes the divorce process simpler and less adversarial than fault-based systems. Instead of fighting about who caused the marriage to end, couples can focus on practical matters like property division, child custody, and support arrangements.
When you file a Complaint for Dissolution in Nebraska, you must state that your marriage is irretrievably broken. This is the fundamental requirement for getting a divorce in the state.
An irretrievably broken marriage is one where the relationship has broken down so completely that there's no reasonable possibility of reconciliation. The level of conflict has advanced to the point where the parties can no longer get along, and there's no realistic chance they'll work things out.
The court doesn't require you to prove specific acts of wrongdoing. You simply need to demonstrate that the marriage cannot be saved. This might be because you've grown apart, have fundamental disagreements about important issues, or simply no longer want to be married.
Even if one spouse denies that the marriage is broken, the judge can still grant a divorce. Nebraska courts will not force people to remain married against their will or act as "reconciliation courts" trying to save relationships.
How Courts Determine If a Marriage Is Irretrievably Broken
When you claim your marriage is irretrievably broken, the judge must make an independent finding about whether this is true. The court doesn't simply take your word for it.
If both spouses agree the marriage is irretrievably broken, the process is straightforward. The judge will typically accept this agreement and proceed with the divorce.
However, if one spouse contests the claim and insists the marriage can be saved, the judge must examine the situation more carefully. The court considers several factors including the circumstances that led to filing for divorce, any possibility for reconciliation, and other relevant factors about the relationship.
In practice, if one spouse genuinely believes the marriage is over and wants out, courts generally find the marriage is indeed irretrievably broken. The mere fact that spouses disagree about whether the marriage can be saved is itself evidence of irreconcilable differences.
Nebraska courts recognize that forcing someone to remain married when they don't want to be accomplishes nothing positive. The court will not order couples to attend counseling or take other steps to preserve marriages that one party wants to end.
Basic Requirements to File for Divorce in Nebraska
Before you can file for divorce in Nebraska, you must meet certain legal requirements. These residency 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 for divorce and intend to make Nebraska your permanent home
- You were married in Nebraska and either you or your spouse has lived in the state continuously from the time of marriage until filing
Military service members have special considerations. If you or your spouse serve 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 for one year prior to filing. You don't need to intend making Nebraska your permanent home in this situation.
Once you meet the residency requirements and file your Complaint for Dissolution with the district court, you must wait at least 60 days before the court can finalize your divorce. This mandatory waiting period gives couples time to consider reconciliation and work out important details like child custody and property division.
Common Reasons Marriages Become Irretrievably Broken
While Nebraska law doesn't require you to prove specific causes of marital breakdown, certain issues commonly lead couples to conclude their marriages are irretrievably broken.
Common Divorce Causes | How It Affects Marriages |
Communication Breakdown | Creates persistent misunderstandings and prevents conflict resolution |
Lack of Commitment | One or both partners stop investing effort in the relationship |
Infidelity | Destroys trust and creates lasting feelings of betrayal |
Financial Conflict | Money disagreements create stress and erode a partnership |
Growing Apart | Partners develop different values, interests, and life goals over time |
Intimacy Issues | Physical or emotional distance leaves partners feeling disconnected |
Substance Abuse | Addiction damages trust, finances, and family stability |
Domestic Violence | Physical, emotional, or economic abuse makes the marriage unsafe |
Communication Breakdown
Poor communication creates persistent challenges that prevent couples from resolving even minor disagreements. When partners stop talking effectively, small issues escalate into major conflicts. Eventually, spouses may find they no longer know each other or can't discuss anything without fighting.
Successful marriages require both verbal and physical communication. When communication breaks down entirely, couples become estranged. They minimize contact with each other and stop taking an interest in each other's daily lives.
Lack of Commitment
When one or both partners stop investing in the relationship, the marriage suffers. Lack of commitment shows up in many ways, from prioritizing other relationships over your spouse to making major life decisions without considering your partner's needs.
Research consistently shows lack of commitment as one of the top reasons couples divorce. Without commitment from both partners, marriages cannot survive the inevitable challenges all relationships face.
Infidelity and Trust Issues
Extramarital affairs destroy trust between spouses. Many couples find it impossible to rebuild their relationship after infidelity. Even when couples attempt reconciliation, the betrayed spouse often struggles with ongoing suspicion and resentment.
For some people, infidelity is an unforgivable offense. The partner being cheated on may wonder if they can ever trust their spouse again. This loss of trust makes continuing the marriage feel impossible.
Financial Conflict
Money problems create enormous stress in marriages. Disagreements about spending, saving, debt, and financial priorities can escalate into bitter disputes. When one spouse hides financial information or makes major financial decisions without consulting the other, trust erodes.
Financial infidelity, where one partner secretly spends money or accumulates debt, can be just as damaging as sexual infidelity. Discovery of hidden financial problems often leads directly to divorce proceedings.
Growing Apart
Sometimes, couples simply grow in different directions over time. Interests, values, and life goals that once aligned may diverge. Partners may wake up one day and realize they no longer share common ground or even like each other anymore.
This gradual drift apart happens when couples stop making their relationship a priority. They focus on careers, children, or individual pursuits while neglecting their partnership. Eventually, they realize they've become strangers living in the same house.
Intimacy Issues
Lack of physical or emotional intimacy leaves partners feeling disconnected and alone. When couples disagree about the importance of physical closeness or stop sharing emotional experiences, the sense of partnership deteriorates.
At least one in four marriages is considered sexless. When individuals don't agree on the level of physical intimacy, it leads to feelings of inadequacy and resentment. Some spouses even become suspicious thata lack of intimacy means their partner is having an affair.
Substance Abuse and Addiction
Addiction to alcohol, drugs, gambling, or other behaviors can destroy marriages. The addicted spouse may hide their behavior, drain family finances, and lie to cover up their addiction.
Many people with addiction issues know their behavior is wrong but can't stop. They may secretly use family savings, run up debt, and engage in increasingly desperate efforts to hide their problem. When the truth comes out, the damage to trust and finances may be irreparable.
Domestic Violence
Abuse is a serious cause of divorce and one that often requires immediate action. Domestic violence can be physical, emotional, sexual, or economic. It can be life-threatening and may require law enforcement involvement or protection orders.
Sometimes abuse develops gradually in unhealthy relationships. Bad behavior becomes normalized over time until suddenly someone realizes they're acting in ways they never imagined. Whether abuse comes from one spouse or involves mutual violence, it often makes divorce the only safe option.
How No-Fault Divorce Benefits Nebraska Families
Nebraska's no-fault divorce system provides significant advantages over fault-based divorce laws that some states still maintain.
The no-fault approach reduces conflict between divorcing spouses. You don't need to accuse your spouse of terrible behavior or prove they did something wrong. This reduction in blame and finger-pointing helps couples maintain more civil relationships, which is especially important when children are involved.
No-fault divorce is generally faster and less expensive than fault divorce. You don't need to gather evidence of adultery, cruelty, or abandonment. There's no need for private investigators or lengthy testimony about your spouse's misconduct. The simplified process saves time and legal fees.
Privacy is another benefit. Fault divorces often involve airing intimate details about the marriage in public court proceedings. Nebraska's no-fault system keeps the focus on practical matters like property division and child custody rather than embarrassing personal details.
The system also protects vulnerable spouses, particularly those experiencing domestic violence. In fault-based systems, abuse victims must prove abuse occurred and may face retaliation for testifying against their abuser. No-fault divorce allows people to leave dangerous marriages without having to prove fault in court.
The Divorce Process in Nebraska
- You start by filing a Complaint for Dissolution with the clerk of the district court in the county where either you or your spouse lives. You'll need to pay a filing fee, though you can request a fee waiver if you have very low income.
- Your Complaint for Dissolution must state that your marriage is irretrievably broken. You'll also need to file additional documents including a Vital Statistics Certificate and forms with social security information.
- After filing, you must officially notify your spouse that you've started divorce proceedings. This service of process can happen through a voluntary appearance where your spouse signs forms acknowledging the case, service by the sheriff's department, or in some cases, service by publication in a newspaper.
- Your spouse has 30 days after being served to file a response. After service occurs, there's a mandatory 60-day waiting period before the court can finalize your divorce. This waiting period starts from when your spouse was served with the divorce papers.
- During this time, you and your spouse should work on resolving issues like property division, child custody, and support. If you can reach an agreement on all issues, you can submit a property settlement agreement to the court. If you can't agree, the judge will make decisions for you after a trial.
- Once at least 60 days have passed and all issues are resolved, you can schedule a final hearing. If everything is agreed upon, many courts allow one spouse to attend alone. The judge will review your settlement and, if satisfied that everything is fair, will sign the Decree of Dissolution.
- The divorce becomes effective 30 days after the judge signs the decree. However, you cannot remarry anyone for six months and one day from when the decree is signed.
Legal Separation vs. Divorce
If you haven't lived in Nebraska long enough to meet the residency requirements for divorce, you have another option. You can file for legal separation while waiting to qualify for divorce.
Legal separation is a court order that you and your spouse will live separately and addresses property division, support, and custody issues. However, it doesn't end your marriage. You remain legally married even though you're living apart.
The residency requirement for legal separation is shorter than for divorce. Once you meet Nebraska's one-year residency requirement, you can amend your complaint to request a divorce instead of just legal separation.
Some couples choose legal separation even when they qualify for divorce. Religious beliefs, uncertainty about whether divorce is the right choice, or practical concerns like health insurance coverage might lead couples to prefer legal separation over divorce.
Annulment as an Alternative
While most people ending marriages file for divorce, annulment is another option in very limited circumstances. An annulment treats the marriage as though it never legally existed.
Nebraska grants annulments only when specific conditions exist. The marriage must have been prohibited by law, one party was impotent at the time of marriage, one party had another living spouse when this marriage occurred, one party was mentally ill or incapacitated at the time of marriage, or the marriage resulted from force or fraud.
Unlike no-fault divorce, annulment requires proving one of these specific grounds. The burden of proof falls on the person seeking the annulment. Annulments are relatively rare because few marriages meet these strict requirements.
Do You Need an Attorney
Nebraska law allows you to represent yourself in divorce proceedings. You're not legally required to hire an attorney. However, most people benefit significantly from legal representation.
Divorce involves complex legal procedures and important decisions about property, finances, and children. The clerk of the district court cannot provide legal advice or help you prepare documents. If you make mistakes in your paperwork or fail to protect your rights, you could face serious long-term consequences.
An attorney ensures you understand your legal rights and options. They help you navigate court procedures, prepare proper documentation, and negotiate fair settlements. If your case goes to trial, having experienced legal representation becomes even more critical.
Consider hiring an attorney, especially if your divorce involves children, substantial assets or debts, a family business, retirement accounts, or if your spouse has hired legal counsel. The cost of an attorney is typically far less than the cost of mistakes made without proper legal guidance.
Moving Forward With Your Divorce
Understanding Nebraska divorce causes helps you approach the dissolution of marriage process with realistic expectations. The state's no-fault system focuses on whether your marriage can be saved rather than who's to blame for its failure.
If you believe your marriage is irretrievably broken and you meet Nebraska's residency requirements, you can file for divorce. The process involves specific legal steps, mandatory waiting periods, and important decisions about your future.
While ending a marriage is never easy, Nebraska's approach to divorce helps couples resolve their differences with less conflict and expense than fault-based systems. By focusing on practical solutions for property division, child custody, and support rather than assigning blame, the no-fault system helps families move forward more constructively.
Whether you're just beginning to consider divorce or ready to file your Complaint for Dissolution, understanding how Nebraska's divorce laws work empowers you to make informed decisions about your future.