Navigating Your Divorce in Nebraska: A Helpful Guide

Divorce, while challenging, is a process made easier with the right information. This page is dedicated to guiding you through divorce in Nebraska, offering crucial insights. Look no further for detailed resources and helpful links.

Divorce Laws in Nebraska

Nebraska is a no-fault divorce state, meaning the only ground is “irretrievable breakdown” of the marriage. You or your spouse need to have lived in Nebraska for at least one year before filing.

Unique to Nebraska is a 60-day waiting period from the date of filing the divorce papers to when the divorce can be finalized, allowing time for reflection and agreement.

Process of Filing for Divorce

To start a divorce in Nebraska, file a “Complaint for Dissolution of Marriage” in your county court. Then, these papers must be legally served to your spouse. The state requires specific forms for this process.

If both parties agree on the terms of the divorce, an uncontested divorce is possible. If not, a contested divorce may involve more complex procedures, including court hearings.

Child Custody and Support

In Nebraska, child custody decisions are made with the child’s best interests in mind. Factors include the child’s relationship with each parent, and adjustments for the child. Child support is calculated using the state’s specific guidelines based on parents’ income and the number of children, which can differ from other states’ approaches.

Alimony/Spousal Support

Alimony in Nebraska is not automatic. Courts look at factors like the length of the marriage, each spouse’s financial condition, and earning abilities. The goal is to ensure a fair and reasonable support arrangement, especially in longer marriages or when there’s a significant income gap.

Property Division

Nebraska follows the equitable distribution rule for dividing property in a divorce. This means the court splits marital assets in a way that is fair, but not always equal. The division is based on factors like each spouse’s contribution to the marriage and future financial needs.

Nebraska Divorce Resources

For more information on divorce in Nebraska, consider exploring Nebraska Family Law Courts, state government websites, and legal aid organizations. They provide detailed and specific guidance to support your divorce process.

Article: How Much Does a Divorce Cost in Nebraska

Divorce Forms in Nebraska

Required:

• Petition for Dissolution of Marriage: https://supremecourt.nebraska.gov/self-help
• Vital Statistics Certificate of Dissolution of Marriage or Annulment: https://dhhs.ne.gov/pages/vital-records.aspx

Optional:

• Information on Suit Affecting the Family Relationship: https://supremecourt.nebraska.gov/forms
• Waiver of Service: https://supremecourt.nebraska.gov/application-waiver
• Affidavit of Inability to Afford Payment of Court Costs: https://supremecourt.nebraska.gov/affidavit-generic
• Agreed Order on Temporary Orders: https://supremecourt.nebraska.gov/court-order-forms
• Motion for Temporary Orders: https://supremecourt.nebraska.gov/self-help/families-children
• Affidavit of Military Service: https://supremecourt.nebraska.gov/self-help/general-court-forms
• Final Decree of Divorce: https://supremecourt.nebraska.gov/
• Agreed Final Decree of Divorce: https://supremecourt.nebraska.gov/
• Motion for Entry of Default Judgment: https://supremecourt.nebraska.gov/motion-affidavit-default-judgment
• Request for Hearing: https://www.ned.uscourts.gov/forms
• Exhibit List: https://supremecourt.nebraska.gov/witness-exhibit-list
• Statement of Assets and Liabilities: https://sos.nebraska.gov/business-services/select-limited-liability-company-statutes
• Proof of Service: https://nebraskalegislature.gov/laws/statutes.php?statute=25-505.01

Additional Resources:

• Nebraska Supreme Court – Self Help Forms: https://supremecourt.nebraska.gov/forms
• Nebraska Legal Aid: https://www.legalaidofnebraska.org/
• Nebraska Attorney General – Family Law: https://ago.nebraska.gov/

Disclaimer

This content offers general guidance and is not legal advice. For personalized legal advice, please consult a legal professional.