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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Nebraska Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Nebraska have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.
Since state divorce laws can be amended, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our article on the divorce process to gain a more complete understanding of the emotional, financial, and legal challenges of divorce.
Residency Requirement
To file for dissolution of marriage in this state, at least one party must be a state resident for at least one year before filing. All legal proceedings shall be brought in the county’s district court in which one of the parties resides.
Grounds For Divorce
In Nebraska, divorce is granted on a “no-fault” basis. This means neither spouse needs to prove the other was at fault for the marriage breakdown. The only ground for divorce is that the marriage is irretrievably broken.
Mutual Consent: If both spouses agree the marriage is irretrievably broken, the court will generally accept this assertion.
One Party’s Assertion: Even if one spouse asserts the marriage is irretrievably broken, the other spouse can still assert it is. The divorce can be granted if the court finds sufficient evidence supporting the assertion. This might involve demonstrating a period of separation, irreconcilable differences, or other factors indicating the marriage cannot be salvaged.
If reconciliation is possible, the court may order a period of conciliation or counseling, but this isn’t always required. Ultimately, the judge determines whether the marriage is, in fact, irretrievably broken.
Legal Separation
If a complaint about legal separation is filed before residence requirements for dissolution of marriage have been complied with, either party may amend their pleadings to request a dissolution of marriage upon complying with such conditions.
When a legal separation is granted, the court may issue an order of support, taking into consideration the parties’ circumstances and the supported party’s ability to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.
Special Divorce Process
A divorce suit shall not be heard or tried until sixty days after service of process, at which time the case may be heard or tried and a decree entered. In any divorce action involving minor children or an activity involving child custody or visitation, the parties may be required to complete a parenting education course before the court enters a final judgment.
Mediation
Nebraska courts can order parties to mediation in divorce cases, particularly when issues of child custody and parenting time (visitation) are involved. While mediation isn’t mandatory in every case, it’s frequently used and often encouraged or even required by judges.
Property Distribution
On the issue of division of property, Nebraska is an equitable distribution state and tries to distribute marital assets equitably between the parties.
The court will take into consideration the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such a party.
Equitable property division under this section is a three-step process. The first step is to classify the parties’ property as marital or non-marital.
The second step is to value the marital assets and marital liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties by the principles contained in this section.
Alimony – Spousal Support
The purpose of alimony is to provide for the continued maintenance or support of one party by the other when the relative economic circumstances and the other criteria enumerated in this section make it appropriate.
Except as otherwise agreed by the parties in writing or by court order, alimony orders shall terminate upon either party’s death or the recipient’s remarriage.
Spouses Legal Name
When a pleading is filed for dissolution or annulment, the plaintiff or the defendant may include a request to restore their former name. After the divorce is final, either party may wish to have their name changed through a legal process.
Child Custody
In determining child custody and the specific custodial arrangements of each parent, the court shall not give one parent preference based on their gender.
In determining custody arrangements, the court shall consider the best interests of the minor child, which shall include, but are not be limited to:
- The relationship of the minor child to each parent before the commencement of the action or any subsequent hearing; The desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when such desires and wishes are based on sound reasoning;
- The general health, welfare, and social behavior of the minor child; and
- Credible evidence of domestic violence inflicted on any family or household member.
Note: The court may place a minor child in joint custody after conducting an open court hearing and explicitly finding that joint custody is in the child’s best interests, regardless of parental agreement or consent.
Child Support
The parent may be ordered to pay child support. In determining the amount of child support to be paid by a parent, the court shall consider the earning capacity of each parent and the guidelines provided by the Supreme Court. Child support orders may include income-withholding orders if the paying parent is employed for someone else.
When Support Laws Terminate
The duty to pay child support for a child terminates when:
- The child reaches nineteen years of age.
- The child marries.
- The child dies.
- A court of competent jurisdiction emancipates the child unless the court order for child support specifically extends child support after such circumstances
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state.
Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).
Nebraska Child Support Enforcement
Box 94728
Lincoln, Nebraska 68509-4728
Office: 1-877-631-9973 Option 2
Fax: (402) 471-7311
Nebraska Family Law Courts
Nebraska has 93 County Courts in 12 districts, with concurrent jurisdiction over family law matters. Three counties have separate juvenile courts.
Watch Nebraska Legal Group Divorce Attorney David Crum Explain How To Divorce A Narcissist Husband:
