Nebraska

Divorce Law Guide

The facts about divorce in Nebraska

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Nebraska, a divorce can be completed on average in a minimum of 420 days, with court fees of $157.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Nebraska for a minimum of twelve months.

On this page, you can learn about Nebraska's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Nebraska alimony calculation, the property division process and more.

For Nebraska, a spouse who wishes to file divorce must have lived in the state for one year before they can file in their county court house. This year rule also applies to military members who are stationed within the state, even though they are not Nebraskan citizens.

Like many states, Nebraska has both a no-fault and fault divorce options. To be able to get a No-fault divorce, both parties must mutually agree that the marriage is irretrievable and provide evidence that this is the case. For a fault divorce, the state only recognizes evidence that indicates that either spouse is mentally ill and cannot consent to a dissolution of marriage. This does include incapacity due to drug or alcohol abuse.

Due to the vagueness of divorce in Nebraska, it is recommended that the person or couple seeking divorce consult a lawyer. This will solve having the case dismissed from something that could have been avoided.

In state of Nebraska a number of factors are taken into account when ending a marriage.

1. Nebraska Grounds for Divorce FAQ

Is Nebraska a no-fault divorce state?

Nebraska allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Nebraska may be "irreconcilable differences", or similar grounds.

The state of Nebraska is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

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Does Nebraska allow at-fault divorces?

Nebraska does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

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Does the state of Nebraska allow incompatibility as grounds for divorce?

Yes, Nebraska does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Nebraska for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Nebraska does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Nebraska's accepted grounds for divorce.

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2. Nebraska Divorce Process FAQ

Does state of Nebraska allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Nebraska will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Nebraska?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Nebraska to get a divorce?

The state of Nebraska requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, Nebraska courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Nebraska?

The court fees for filing the paperwork for a basic divorce in a Nebraska court is $157.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Nebraska?

If the process moves along without holdups, the paperwork for a divorce in Nebraska can be processed in a minimum of 420 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Nebraska General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Nebraska. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.