Nebraska Divorce FAQS

At least one spouse must have lived in Nebraska for one year before filing for divorce. This requirement gives the Nebraska district court jurisdiction over the case. Military members stationed in Nebraska also qualify.

You must live in Nebraska for 12 continuous months before filing. The court may require proof such as bills, lease agreements, or a Nebraska driver’s license.

No. Nebraska is a no-fault divorce state, which means you only need to show the marriage is “irretrievably broken.” Neither spouse has to prove wrongdoing.

The only required ground is that the marriage is irretrievably broken. In limited cases, evidence such as refusal to live together or long-term separation may be used to support this claim.

You begin by filing a Complaint for Dissolution of Marriage in the district court. After filing, you must serve your spouse with the complaint and summons.

Divorce cases are filed in the District Court of the county where either spouse lives. Each District Court has its own Clerk who handles filings and scheduling.

Typical forms include the Complaint, Vital Statistics Certificate, financial affidavits, and a Parenting Plan if children are involved. Additional county-specific forms may be required.

Filing fees usually range from $150 to $170, depending on the county. Extra fees may apply for service, copies, or parenting classes.

Yes. You can apply for an In Forma Pauperis (fee waiver) by submitting an affidavit detailing your financial situation. The judge will decide whether to approve it.

Uncontested divorces typically take at least 60 days, due to Nebraska’s mandatory waiting period. Contested cases may last several months to over a year.

Yes. Nebraska requires a 60-day waiting period from the time your spouse is served before a divorce can be finalized. This gives both parties time to negotiate or respond.

A contested divorce means spouses disagree on one or more issues, requiring mediation or court hearings. Uncontested divorces occur when both spouses agree on all terms and paperwork.

Yes, spouses can file a Joint Petition for Dissolution, which can simplify the process. This works best when both parties fully agree on property, custody, and financial matters.

Yes, in most cases, Nebraska requires a short final hearing, even in uncontested divorces. Some judges may allow remote appearances.

Nebraska is an equitable distribution state, meaning assets are divided fairly but not always equally. Courts consider contributions, earning capacity, and the overall economic picture.

Nebraska follows equitable distribution rules. Both marital assets and marital debts are divided based on fairness, not a strict 50/50 formula.

Judges examine each spouse’s economic circumstances, contributions to the marriage, and future financial needs. The length of the marriage and childcare responsibilities also play a role.

Debts incurred during the marriage are usually divided equitably. Responsibility for each debt depends on who incurred it and for what purpose.

The court may award the home to one spouse, order a buyout, or require it to be sold. Decisions depend on children’s needs, finances, and fairness.

Generally, inheritances kept separate remain non-marital property. However, if commingled with marital funds, they may become divisible.

Alimony is based on financial need, ability to pay, length of marriage, and each spouse’s earning capacity. There is no fixed formula; judges have wide discretion.

The duration depends on the length of the marriage and the requesting spouse’s needs. Long-term marriages may result in longer alimony awards, while short marriages may qualify only for temporary support.

Yes. Either spouse may request a modification if there is a material change in financial circumstances. Proof is required to justify the change.

Nonpayment can be enforced through contempt proceedings, wage garnishment, or other legal remedies. Nebraska courts take enforcement seriously.

Custody decisions are based on the best interests of the child, evaluating stability, emotional needs, parental fitness, and each parent's involvement.

Legal custody refers to decision-making authority. Physical custody determines where the child lives and who provides daily care.

Courts consider the child’s relationship with each parent, mental and physical health, home environment, and each parent’s willingness to cooperate. Abuse or domestic violence is a major factor.

No. Nebraska does not favor either parent based on gender. Courts focus solely on what arrangement is best for the child.

Parenting time is addressed in a detailed Parenting Plan. The plan outlines schedules, exchanges, responsibilities, and holiday arrangements.

A child’s preference may be considered, especially for older children, but the judge makes the final decision. The preference must align with the child’s best interests.

Nebraska uses specific Child Support Guidelines based on income, parenting time, and expenses. Both parents’ incomes are included in the calculation.

Income includes wages, bonuses, commissions, disability benefits, and some investment income. Courts may impute income if a parent is voluntarily unemployed.

Yes. Child support may be modified if there is a substantial change in income, childcare needs, or parenting time. A formal court request is required.

Nebraska can enforce support through wage garnishment, license suspension, tax refund seizure, and court action. Persistent refusal may result in contempt charges.

The court assigns responsibility based on the parents’ incomes. Uninsured medical costs are usually divided proportionally.

Necessary childcare expenses for work or education are added to the child support calculation. Costs are divided based on each parent’s share of income.

Paternity can be established voluntarily, through a court order, or with genetic testing. Paternity must be legally established before custody or support orders are issued.

Yes, if it is in the child’s best interests and does not interfere with parental rights. Nebraska courts evaluate family relationships and the child’s well-being.

Parenting plans must outline holiday schedules, school breaks, and special occasions. Courts encourage fair sharing of major holidays.

A parenting plan covers custody, schedules, communication, and decision-making. Parents may submit a joint plan or separate plans for the judge to review.

You can serve papers through sheriff service, private process servers, or certified mail with restricted delivery. Proper service is required before the case moves forward.

You may request service by publication, which allows notice through a newspaper. The judge must approve this option.

Yes. If the spouse does not respond in time, the court can enter a default judgment. You may still need to provide testimony or evidence.

Discovery allows both spouses to request documents, financial records, and answers to questions. It ensures transparency before trial or settlement.

No, but hiring an attorney is recommended for cases involving children, property disputes, or complex finances. Self-represented parties must follow all legal procedures.

Yes. Mediation is common and can help resolve disputes without a costly trial. Nebraska courts often encourage or require it in custody cases.

The judge reviews testimony, financial information, and any disputed issues. Uncontested hearings are shorter, while contested hearings can involve multiple sessions.

Yes, you can request a name change in your divorce filings. The judge can restore your former name as part of the final decree.

Your divorce becomes final when the judge signs the Decree of Dissolution and it is filed with the Clerk of Court. You are then legally divorced.

Yes. Certain issues like custody, support, or property division may be appealed or modified under specific circumstances. Appeals must follow strict deadlines and legal requirements.