Divorce in Nebraska
Nebraska is a no-fault divorce state where the sole ground is the irretrievable breakdown of the marriage. The state uses equitable distribution for property division and requires at least one spouse to have been a Nebraska resident for one year. A divorce cannot be heard until 60 days after service.
Quick Facts
Residency Requirement
1 year residency required
Waiting Period
60 days after service
Filing Fee (approximate, varies by county)
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- Irretrievable breakdown of the marriage
Key Facts
- Nebraska is a no-fault divorce state
- A divorce cannot be heard or decided until 60 days after service of process is completed
- At least one spouse must have been a Nebraska resident for 1 year
- Property is divided by equitable distribution with no presumption of equal division
- Nebraska courts consider the circumstances of each party in property division
Child Custody
Nebraska courts determine custody based on the best interests of the child. The court encourages joint legal custody and considers the child's relationship with each parent, the general health and welfare of the child, and each parent's credibility and willingness to cooperate.
Alimony / Spousal Support
Nebraska courts may award alimony based on the circumstances of the parties, the duration of the marriage, each party's earning capacity, and the ability of the supported party to engage in gainful employment. Alimony may be rehabilitative or for a set duration.
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FAQs
Common questions about divorce in Nebraska
At least one spouse must have lived in Nebraska, intending to make it home, for at least one year before filing for divorce. The exception: if you married in Nebraska and either spouse has lived there continuously since the wedding, you can file without waiting a year.
No. Nebraska uses equitable distribution, which means property is divided fairly but not necessarily equally. The court considers factors such as the contributions of each spouse, the duration of the marriage, and the circumstances of each party.