The following information is to provide a basic understanding of the various aspects of Nebraska divorce.
for more specific information regarding Nebraska divorce laws.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
|Residency Requirements ||1 year|
|Where to File ||All proceedings shall be brought in the district court of the county in which one of the parties resides|
|Grounds for Divorce ||
Bigamy (grounds for annulment ) |
Fraud, Force or Duress (grounds for annulment )
Insanity ( grounds for annulment )
Irreconcilable Differences or Irretrievable Breakdown
|Voluntary or required mediation ||Yes|
|Voluntary or recommended Counseling||Yes|
|Property Distribution ||
To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the support and custody of minor children.|
If the court finds the agreement unconscionable, the court may request the parties to submit a revised agreement or the court may make orders for the disposition of property, support, and maintenance.
If the parties fail to agree upon a property settlement which the court finds to be conscionable, the court shall order an equitable division of the marital estate. The court shall include as part of the marital estate, for purposes of the division of property at the time of dissolution, any pension plans, retirement plans, annuities, and other deferred compensation benefits owned by either party, whether vested or not vested.
|Child Custody ||
This section mandates that custody of minor children be determined on the basis of their best interests. In determining a child's
best interests under this section, courts may consider factors such as
In addition, this section requires courts to consider credible evidence of abuse inflicted on any family or household member as one of the factors in its custody determination.
- General considerations of moral fitness of the child's parents, including the parents' sexual conduct
- Respective environments offered by each parent
- The emotional relationship between child and parents
- The age, sex, and health of the child and parents
- The effect on the child as the result of continuing or disrupting an existing relationship
- The attitude and stability of each parent's character
- Parental capacity to provide physical care and satisfy educational needs of the child
- The child's preferential desire regarding custody if the child is of sufficient age of comprehension regardless of chronological age, and when such child's preference for custody is based on sound reasons
- The general health, welfare, and social behavior of the child
|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 pursuant to section 42-364.16 for the establishment of child support obligations. Upon application, hearing, and presentation of evidence of an abusive disregard of the use of child support money paid by one party to the other, the court may require the party receiving such payment to file a verified report with the court, as often as the court requires, stating the manner in which such money is used.|
|Spousal Support ||Support can be ordered to either spouse, without consideration of any marital fault. Employment possibilities of the spouse tend to cause the greatest influence on the decision. Living conditions similar to those when marriage existed is attempted to be restored, but a lot of factors play a significant role.