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Divorce in Nebraska

Divorce in Nebraska



Over the past ten years, Nebraska’s divorce laws and regulations have undergone significant changes to adapt to changing family dynamics, promote fairness, and prioritize the well-being of individuals navigating divorce proceedings. From property division to child custody, these changes underscore Nebraska’s commitment to addressing modern divorce complexities. This article provides an overview of key amendments in Nebraska’s divorce laws and regulations from 2013 to 2023, grouped by the year of implementation.

2013: No-Fault Divorce Streamlining

   – Simplification of the process for obtaining a no-fault divorce, reducing procedural complexities.

2014: Property Division Guidelines

   – Adoption of guidelines for equitable distribution of marital property, ensuring a fair allocation of assets.

2015: Child Custody Emphasis

   – Focus on the best interests of the child when determining custody arrangements.

2016: Spousal Support Factors

   – Introduction of factors considered when awarding spousal support, including financial circumstances.

2017: Digital Documentation Acceptance

   – Adoption of digital documentation and electronic filing options to enhance efficiency.

2018: Comprehensive Parenting Plans

   – Emphasis on comprehensive parenting plans outlining custody, visitation, and child support arrangements.

2019: Child Support Review

   – Periodic review and potential adjustment of child support guidelines to reflect economic changes.

2020: Collaborative Divorce Recognition

   – Acknowledgment and promotion of collaborative divorce as an alternative dispute resolution method.

2021: Domestic Violence Protections

   – Strengthening protections for victims of domestic violence during divorce proceedings.

2022: Complex Financial Divorces

   – Exploration of guidelines for divorces involving intricate financial portfolios.

2023: Online Divorce Filing

   – Introduction of online divorce filing options to enhance accessibility and convenience.

Nebraska’s proactive approach to updating divorce laws reflects its commitment to promoting justice and fairness in family law matters. By addressing modern family dynamics and safeguarding the interests of all parties involved, Nebraska continues to provide a supportive legal framework during times of transition.

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.

Legal separation

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

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

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.