Nebraska Divorce Laws

Having knowledge of legislation can not only save you from getting your rights violated but also from spending a lot of money on attorneys when it comes to situations where legal assistance is needed. For example, if you know Nebraska divorce law, you definitely will not need to hire a lawyer when you decide to dissolve your marriage in the state. So, we created this overview of NE divorce laws so you can prepare for the filing and divorce legally on your own.

Divorce in Nebraska: Alimony laws and grounds for divorce

Nebraska law recognizes only one kind of grounds for divorce in Nebraska, which is no-fault. It means that to get a divorce, the initiating party should state in the petition for dissolution that the marriage irreversibly failed and there is no chance for the couple to get back together. Fault-based grounds like adultery, cruelty, etc., themselves are not considered as a sufficient reason for marriage dissolution, however, any of them can be considered as an additional factor for child support. Also, current Nebraska divorce laws on adultery state that such action is not considered a crime and cannot be a reason to decrease the amount of spousal maintenance.

Nebraska divorce laws on property say that this state is not a “50/50 state,” meaning that courts here do not divide the property in an equal manner by default. Instead, the judge takes into account a lot of different factors from agreements the parties had before marriage to the amount of alimony that was set in the result of dissolution.

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Divorce process in Nebraska

NE divorce law proposes two options to dissolve the marital status. The first one is for couples who are not ready to cooperate in any way, but wish to get the most out of their divorce. This is known as “contested dissolution” and it implies the couple will settle the discrepancies in court. This type of divorce is expensive and time-consuming, since the partners often need the representation of lawyers during multiple hearings in court. The second is an uncontested dissolution. It is a more convenient and less stressful way to split up, but it requires more effort in terms of the parties’ cooperation. Both spouses should come to an agreement and write out a mutual deal that settles every aspect of life after divorce: money matters, property division, childcare (if any), etc.

Now we will take a look at the method for simple divorce in Nebraska. According to divorce laws in Nebraska, before filing the documents a couple who wishes to divorce in this state must meet the requirements first. There are both procedural and residency requirements in Nebraska. Procedural requirements mean the couple must write an agreement, as mentioned above, to demonstrate to the judge their wish to split up peacefully.

To meet the residency requirements one of the following statements must be true:

  1. Either partner must have lived in the state of Nebraska for at least a year before starting the process of dissolution.
  2. The marriage must have taken place in Nebraska and either partner has lived in the state from that day.
  3. If either partner served in the US Armed Forces, he or she must have been stationed in Nebraska for a year or more. Or if the marriage took place in Nebraska, he or she must have lived in the state from that day.

After that, the Nebraska divorce process goes as follows:

  1. Choose the document package that applies to your situation.
  2. Gather information to fill out the questionnaire on our website and answer the questions.
  3. Receive the completed papers right to your email.
  4. Sign the printed papers and notarize them.
  5. Register the document package at the clerk’s office of the county court where the residency demand has been fulfilled.
  6. Pay the filing fees and receive the case number.
  7. Deliver the papers to the other partner for their review.
  8. Wait for 2 months.
  9. Attend the hearing (unless the couple fulfilled the requirements for the removal of this step).
  10. Receive the decree of marriage dissolution.

The dissolution is considered final after a month has passed from the date when the decree was issued. Both parties can remarry when half a year after the entering of decree has passed.

States divorce law