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Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.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 expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for dissolution of marriage in this state, at least one party must be a resident of the state for at least one year before filing. All proceedings shall be brought in the county’s district court in which one of the parties resides.
NO-FAULT DIVORCE
Nebraska bases dissolution based on the marriage being irretrievably broken. If there is no dispute that the marriage is irretrievably broken, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. Suppose one of the parties disputes that the marriage is irretrievably broken.
In that case, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the marriage is 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 PROCEDURES
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 may be 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 entry by the court of a final judgment.
MEDIATION-COUNSELING REQUIREMENTS
Whenever any action for divorce, annulment, or separation is filed, and it appears to the court that there is any minor child of the spouses or of either of them whose welfare may be adversely affected by the dissolution or annulment of the marriage or the disruption of the household and that there appears to be some reasonable possibility of a reconciliation being effected, the case may be transferred to the conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy, by the Conciliation Court Law. It is only when there is a reasonable possibility of reconciliation that the statutes require efforts to effect it.
PROPERTY DISTRIBUTION
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-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 order of the court, alimony orders shall terminate upon the death of either party or the remarriage of the recipient.
SPOUSE’S LEGAL NAME
The plaintiff or the defendant may include a request to restore their former name when a pleading is filed for dissolution or annulment. [Based on Nebraska Statutes – Chapter 42 – Section: 380]
CHILD CUSTODY
In determining custody arrangements and the time to be spent with each parent, the court shall not give preference to either parent based on the sex of the parent, and no presumption shall exist that either parent is more fit or suitable than the other.
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 abuse inflicted on any family or household member.
Note: The court may place a minor child in joint custody after conducting a hearing in open court 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).
