How to File for a Nebraska Divorce

To file for a Nebraska divorce, either you or your spouse must have already lived in the State of Nebraska for a full year with the intention of making it your permanent home, either before or after the marriage. The same requirement applies military personnel stationed in the state.

If You are Thinking of Divorce, You Will Need to Keep the Following in Mind:

Dissolution may be filed in a county where you or your spouse resides, and it can be granted after a 60-day waiting period from the date of filing. You must file a Petition for Dissolution of Marriage at a family law or domestic relations court in the county.

Grounds for Divorce Application

The grounds for seeking the divorce should be agreed upon and substantiated by you and your spouse and this must be proved to the court.

They may be 'no-fault,' i.e. irretrievable breakdown of marriage. An 'at-fault' divorce claim requires evidence that either spouse is mentally ill, without the ability to consent to dissolution including temporary incapacity caused by substance abuse.

Once the divorce is approved, the premarital name can be restored.

The court assigns a case number and thereafter adjudicates and passes all orders. These include support, child custody and visitation, property and debt division. You will usually have to produce some 10 to 20 documents during filing to bring the case to conclusion. These documents include Verification, Financial Affidavit, Declaration under the Uniform Child Custody Jurisdiction Act, and Notice of Final Hearing.

The District Clerk or assistants manage all paperwork. They are responsible for keeping the parties and lawyers informed about the additional paperwork if needed, further requirements, and also about the hearing dates and times.

Property Distribution and Divorce

The court encourages you to reach a settlement on property and debt issues before it makes an award. Being an "equitable distribution" state, Nebraska divides marital property equitably, and this happens in a three-step process.

The first step is to classify marital and non-marital property. In the second step, the court will value marital assets and liabilities of each party. In the third step, the court will measure and equitably divide the net marital estate.

Basically, you can keep any property you had prior to the marriage. If you cannot agree on property distribution, the court makes the award. It considers the contribution each spouse made to acquiring marital property, current and future economic status of each, duration of the marriage and custody arrangements of minor children, if any. Spousal support is decided on a case-by-case basis, either mutually or at the court's discretion.

Nebraska courts make every reasonable effort at reconciliation, including transferring a case to a conciliation court. This is however possible only if both the parties agree on counseling.

What Happens with Child Custody?

Where minor children are involved, the court will do everything possible to reduce trauma and material distress, intervening only if the parents cannot agree. In arranging for support, custody and time spent with each parent, the court considers the best interests of the minor child, the earning capacity of each parent, and the Supreme Court guidelines.

No preference is given based on a parent’s gender. Both receive full and equal access to the child’s education and medical records regardless of custody determination-unless the court orders otherwise.