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Divorce in Nebraska

  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Nebraska for at least one year prior to filing for a divorce or your marriage must have been performed in Nebraska with one spouse residing in Nebraska since the time of the marriage. The legal divorce process begins when you or your spouse files a petition for dissolution of marriage in the district court for the county where either of you resides.

    You may obtain a divorce based upon the irretrievable breakdown of your marriage. What this usually means is that there is no reasonable hope that your marriage can continue. It is not necessary to prove that anyone was at fault in the breakdown of the marriage.

    Dividing the Property

    In Nebraska, assets and debts acquired during your marriage - called "marital property" will be divided "equitably" when you divorce. Separate property that was acquired prior to marriage is retained by the owning spouse.

    Equitable distribution does not necessarily mean equal distribution. In deciding how to divide the marital property, judges will consider the following factors:

    • The circumstances of each spouse
    • The length of the marriage
    • The contributions to the marriage by each spouse

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Nebraska divorce lawyer can save you a lot of time and money.

    Alimony

    The court can order alimony to either party in Nebraska, without regard to marital fault. The purpose of alimony is to provide for the continued maintenance or support of one spouse by the other when the relative economic circumstances make it appropriate. In deciding whether to award alimony, the court will generally consider such factors as:

    • The circumstances of both spouses
    • Length of the marriage
    • Contribution of each spouse to the marriage, including services rendered in homemaking, child care, education and career building of the other spouse
    • Any interruption of personal careers or education
    • Ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody

    The court can order temporary support and maintenance while the divorce is pending. A proceeding to modify or revoke an order for alimony for good cause may be started by filing a complaint to modify. However, a decree may not be modified to award alimony if alimony was not allowed in the original decree dissolving the marriage. Alimony terminates automatically upon the death or either party or upon the remarriage of the recipient.

    Child Custody and Visitation

    In Nebraska child custody and time spent with each parent is determined on the basis of the best interest of the minor child with the objective of maintaining the ongoing involvement of both parents in the child's life. In determining custody arrangements and the time to be spent with each parent, the court considers the following factors to make a determination that is in the best interests of the child:

    • The child's relationship with each parent prior to the filing for dissolution of marriage
    • The wishes of the child, if the child is mature enough to express his or her wishes
    • The general health, welfare and social behavior of the child
    • Any credible evidence of child or spousal abuse

    There is no presumption that either parent is more fit or suitable than the other. Shared or joint custody may be awarded if both parents agree. In that case, each parent has equal rights to make decisions in the best interests of the child in his or her custody.

    Regardless of the custody determination of the court, both parents continue to have access to the child's education and medical records and either parent may make emergency decisions affecting the health or safety of his or her child while the child is in the physical custody of that parent pursuant to a visitation order.

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. Subsequently, if a modification to custody or visitation is sought then a complaint to modify must be filed in order to start a modification proceeding. At any time after a divorce, grandparents my petition the court for visitation rights.

    Child Support

    In Nebraska, child support is determined according to the Nebraska Child Support Guidelines. The guidelines recognize the equal duty of both parents to contribute to the support of their children in proportion to their net incomes. A child support modification proceeding may be started by filing a complaint to modify.

    An obligation to pay child support ends when any of the following occur, unless the court order specifically extends child support beyond these events:

    • The child reaches age 19
    • The child marries
    • The child dies
    • The child is emancipated by the court (has been released from parental control and supervision)

    Related Web Links:
    - Nebraska Forms
    - Nebraska Husband and Wife
    - Nebraska Child Support Forms
    - Nebraska Child Support Enforcement
    - Nebraska State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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