Divorce in Nebraska: What to Expect
In Nebraska, a divorce is legally called a “dissolution of marriage.” Every divorce is different, but the same legal framework applies to all of them. Understanding it early helps you make better decisions and avoid costly surprises.
Before You File
- Residency. At least one spouse generally must have lived in Nebraska for one year before filing (with a narrow exception for couples married in Nebraska who have lived here since). The case is filed in the district court of a county where either spouse lives.
- No-fault divorce. Nebraska does not require you to prove that your spouse did something wrong. The court must find that the marriage is “irretrievably broken.” One spouse cannot stop a divorce simply by refusing to agree to it.
- Waiting period. A judge cannot enter a final decree until at least 60 days after the other spouse is served or voluntarily appears in the case. Contested cases usually take considerably longer.
Issues Every Divorce Must Resolve
- Property and debts. Nebraska divides the marital estate equitably, which means fairly, not necessarily 50/50. Property owned before the marriage, inherited, or received as a gift may be set aside to one spouse if it can be traced.
- Retirement accounts and pensions. Contributions made during the marriage are usually part of the marital estate. Dividing them often requires a separate court order, such as a QDRO, to avoid taxes and penalties.
- Alimony. Spousal support is not automatic. Courts look at factors such as the length of the marriage, each spouse’s contributions to the marriage and to the family, career sacrifices, and each spouse’s ability to support themselves.
- Child custody and parenting time. If you have minor children, the court must approve a parenting plan that serves the children’s best interests. See our Child Custody page.
- Child support. Support is calculated under the Nebraska Child Support Guidelines, which consider both parents’ incomes, health insurance, child care costs, and parenting time.
Temporary Orders While the Case Is Pending
A divorce can take months. In the meantime, the court can enter temporary orders on custody and parenting time, child and spousal support, who stays in the home, and who pays which bills. These early orders often set the tone for the rest of the case, so it is important to be prepared for them.
Steps in a Typical Nebraska Divorce
- Consultation and planning. We review your goals, finances, and concerns, and talk through your options.
- Filing and service. A complaint is filed and the other spouse is served, or voluntarily accepts the paperwork.
- Temporary orders, if needed.
- Financial disclosure and discovery. Both sides exchange information about income, assets, and debts.
- Parenting class and mediation in cases involving children, as required by the Nebraska Parenting Act.
- Settlement or trial. Most cases settle. If yours does not, the judge decides the disputed issues after a trial.
- Decree. The court enters a final decree that dissolves the marriage and sets out everyone’s rights and obligations.
Legal Separation and Annulment
Some couples are not ready to divorce, or have personal or religious reasons not to. A legal separation resolves the same issues as a divorce, including property, support, and custody, while the spouses remain legally married. An annulment, which declares that a valid marriage never existed, is available only on limited grounds. We can help you decide which path fits your situation.
Frequently Asked Questions
How long does a Nebraska divorce take?
No divorce can be finalized sooner than 60 days after service. An agreed divorce may be completed in a few months. A contested case involving children or significant property can take a year or more.
Should I move out of the house before I file?
Talk to an attorney first. Moving out can affect temporary custody and how the home and household expenses are handled while the case is pending.
When can I remarry after a Nebraska divorce?
Under Nebraska law, a divorce decree is not final for purposes of remarriage until six months after it is entered.
