A brief guide to divorce in Nebraska
Couples who wish to separate in the state of Nebraska should keep the following things in mind:
Nebraska state divorce laws
To file for divorce in Nebraska, the person filing a petition for dissolution of marriage must have been a resident for at least a year or have been married in the state and resided there continuously afterwards. After you file, there is a mandatory 60 day waiting period before the court will grant the divorce in Nebraska.
Grounds for divorce
If couples can agree on the terms of their separation, they may file for an uncontested divorce. The burden of proof merely requires proving that the marriage cannot be salvaged. You may also file for divorce in Nebraska without your partner’s consent if you can prove they are mentally ill and incapable of consenting to a divorce. Impairment related to drugs and alcohol is grounds to prove your partner cannot offer their consent.
Couples who wish to separate without actually divorcing — such as people for whom divorce would violate their religious beliefs — can agree to a legal separation. All agreements made by the spouses or enforced by the court applying to child support, alimony and other arrangements are legally binding.
Types of divorce
If couples can agree on the terms of their separation, they may file for an uncontested divorce in Nebraska. Couples who cannot reach an agreement will appear in their district court for a contested divorce hearing.
No fault divorce
One or both members of a marriage can apply for a no-fault divorce. This may be contested by your spouse. If the court decides there is a reasonable chance of reconciliation, counseling may be ordered.
Steps in the divorce process
You can file for divorce in the county where either you or your spouse currently reside. After you file a complaint, it must be formally presented to your spouse by a sheriff. Alternately, a spouse who consents can sign a “voluntary appearance” court acknowledging they have been notified of the divorce. Your 60-day waiting period starts from the date your spouse was notified, not from the date the complaint was filed.
Couples with children must complete a parenting plan and attend a parenting class. The divorce in Nebraska will not be finalized until 30 days after a judge signs off on it. You must appear in court during divorce proceedings.
Spousal support is decided on a case by case basis. Alimony may be awarded by a judge. Factors taken into consideration include the length of the marriage, each person’s fiscal health, and the ability of the person seeking support to find work without negative consequences for their children.
Child support is determined based on the financial capabilities of both parties. The court will decide upon a monthly payment plan. People receiving child support payments may be required to submit regular reports detailing how the money is being used.
Fathers’ and mothers’ rights
There is no default setting for custody or visitation based on gender in cases of divorce in Nebraska. Both parents will be considered eligible for custody.