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Divorce Laws in Nebraska

In Nebraska, the court will not grant a divorce unless it feels that every effort has been made to save the marriage. The court may transfer proceedings to a conciliation court or refer the couple to conciliation services.

There is a 60-day waiting period, after divorce is filed, before divorce will be granted.

Residency and jurisdiction in Nebraska
At least one spouse must live, or be stationed by the military, in Nebraska for at least one year prior to filing for divorce, unless the marriage took place in Nebraska or one spouse has lived in the State from the time of marriage until the time of filing.

Divorce may be filed in the country where either spouse lives.

Fault or no fault and grounds for divorce in Nebraska
Nebraska grants fault and no fault divorce. No fault divorce is granted on the grounds of an irretrievable breakdown of the marriage.

Fault divorce will be granted on the grounds that one spouse is mentally ill or incapacitated to the point that he or she cannot consent to the divorce. This incapacity may be caused by drug and alcohol use.

Division of property in Nebraska
Nebraska is an "equitable distribution" State meaning the property is not divided 50/50, but rather in a manner that the court deems fair to both parties. The court must consider the following factors when dividing property:

  • Length of marriage
  • Child custody
  • Contributions to acquiring marital property
  • Economic status of each spouse

Spousal support in Nebraska
Spousal support, in Nebraska, may be temporary or permanent. The court may order security for payments. The following factors must be considered when determining spousal support:

  • Length of marriage
  • Circumstances of each spouse
  • Contributions to the marriage including care and education of children
  • Interruption of career or education
  • Ability to be self supporting without interfering with childcare

Child custody and support in Nebraska
Both parents will have access to medical and educational records of the child, regardless of any child custody orders. In determining child custody the court must consider the following factors:

  • Relationship of the child with each parent
  • Wishes of the child if the child is old enough to understand and express a well reasoned preference
  • Health, welfare, and behavior of the child
  • Abuse inflicted on any family member or household member

Nebraska uses the Income Shares Model for calculating child support. If there is evidence of misuse of child support payments, the receiving parent may be ordered by the court to show how the money is used.

If you are considering or facing divorce in Nebraska, contact an experienced Nebraska divorce attorney today.

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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Nebraska and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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