Nebraska is a no-fault divorce state under Nebraska Revised Statutes § 42-361. The sole ground for divorce is that the marriage is irretrievably broken. An "irretrievably broken" marriage is one where there is no reasonable likelihood that the marriage can be preserved. Neither party needs to prove fault or misconduct. Either spouse can file based solely on the irretrievable breakdown of the marriage relationship.
To file for divorce in Nebraska, the petitioner files a Complaint for Divorce in the District Court of the county where at least one spouse resides. The Complaint must include information about any minor children, property and debts, and requests for relief regarding custody, support, and property division. The other spouse must be served with proper legal notice. The respondent has time to file a response. If both parties agree on major issues, the case can proceed uncontested. If disputes arise, the court addresses contested matters through negotiation, mediation, or trial.
Under Nebraska Revised Statutes § 42-349, at least one spouse must have been a resident of Nebraska for at least one year immediately before filing. However, this requirement is waived if the parties were married in Nebraska and either spouse has lived in Nebraska continuously from the date of marriage to the date of filing. Military personnel stationed in Nebraska for at least one year are also considered residents for divorce purposes.
Nebraska follows the equitable distribution model under Nebraska Revised Statutes § 42-365. The court divides marital property in a manner it considers equitable and just, taking into account all relevant circumstances. Equitable division does not necessarily mean equal division; the court has discretion to award differing amounts based on the specific factors of each case.
The court evaluates the contributions of each party to the acquisition, preservation, and appreciation of marital property. The court considers both monetary and non-monetary contributions, including homemaking, child rearing, and career sacrifices. The court examines the age and health of each party and their earning capacity. The court considers the length of the marriage and how long the parties have been separated. The court may examine whether one spouse contributed to the education, training, or professional development of the other. The ability of each party to provide support for themselves after the divorce is relevant.
Marital property includes all property acquired during the marriage by either party, regardless of how title is held. Property acquired before marriage, through gift or inheritance, or by agreement is separate property and is not divided. If separate property is commingled with marital property or is enhanced through marital efforts and investment, it may lose its separate character.
Nebraska courts determine custody based on the best interests of the child under Nebraska Revised Statutes § 42-364. The court may award custody to either parent or grant joint custody if it serves the best interests of the child.
The court considers the love and affection existing between the child and each parent. The ability of each parent to provide the child with adequate food, shelter, education, and medical care is examined. The court evaluates the emotional ties between the child and each parent and other family members. The adjustment of the child to the home, school, and community in which each parent lives is relevant. The length of time the child has lived in a particular environment is a consideration. The stability of the home environment each parent can provide is important. The preference of the child may be considered if the child is of sufficient age and capacity to express a reasoned preference. The court considers the willingness of each parent to encourage the child's relationship with the other parent and any history of abuse, neglect, or substance abuse by either parent.
Nebraska supports both sole custody arrangements and joint custody. The court creates a parenting plan specifying the custody arrangement, visitation schedule, and decision-making authority. Child support is calculated using Nebraska statutory guidelines based on parental income and custody arrangement.
An irretrievably broken marriage is one where there is no reasonable likelihood that the marriage can be preserved. This is Nebraska's sole ground for divorce. It reflects a no-fault approach where the parties do not need to prove wrongdoing; rather, they must establish that the marriage relationship cannot be salvaged.
Nebraska Revised Statutes § 42-361 requires a 60-day waiting period from the date the respondent is served. This period cannot be waived under any circumstances, even if both parties agree. The waiting period serves as a cooling-off period to allow couples time for reflection and possible reconciliation.
Yes, military personnel stationed in Nebraska for at least one year are considered Nebraska residents for divorce purposes under Nebraska Revised Statutes § 42-349. Military service in the state satisfies the residency requirement even if the service member was not domiciled in Nebraska before receiving orders.
Nebraska uses a statutory child support formula based on both parents' gross income, the number of children, the custody arrangement, and any health insurance costs. The guidelines provide a presumed amount, though the court may deviate from the guideline if it finds that application would be inappropriate under the specific circumstances of the case.