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NEBRASKA DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Nebraska. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Nebraska Made Easy (See Nebraska Divorce Help Center)
- Time Frame: There is a 60-day waiting period after the dissolution (divorce) is filed until the court grants dissolution (divorce).
- Where to File: District Court. "In the District Court for _______________ County, Nebraska." (See Nebraska Court Addresses)
- Statute Statutes: Revised Statutes of Nebraska, Chapter 42.
- Name of Action: Dissolution of Marriage.
- Name of Parties: Petitioner, the filing spouse, and respondent, the other spouse.
- No-Fault or Fault and No-Fault Only: No-fault and General.
- Primary Documents Filed: Complaint for Dissolution of Marriage and Decree of Dissolution. (See NE Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Irretrievable breakdown of the marriage is the only grounds for legal separation.
- Grounds for Divorce: Nebraska is a no-fault state. This means that the basis for obtaining a divorce is that a marriage is irretrievably broken. Under what is termed "general" grounds, Nebraska also permits dissolution in cases of mental illness or drug and alcohol abuse. (See Nebraska Laws for Divorce)
- Residency Requirement: One of the parties must reside in Nebraska with a bona fide intention of making it his or her permanent home for at least one year before filing of the Complaint, or unless the marriage happened in Nebraska and either party has resided in the state from the time of marriage to filing the Complaint.
- Mediation Required: Courts may order parents that are not in agreement to attempt to mediate a parenting plan and may require parents to try mediation or specialized alternative dispute resolution if a parenting plan has not been submitted by the time specified by court rule. Nebraska Supreme Court website lists approved mediators.
- Counseling Required: When the court finds "some reasonable possibility of reconciliation," the case may be transferred to a conciliation court or family service agencies, or other persons or agencies determined by the court to be qualified to provide conciliation services. The court order will not order marriage counseling when only one spouse requests it. Official conciliation counselors are available in counties with a population of over 250,000.
- Parent Classes Required: Each parent must attend an approved basic level parenting education class, which provides guidance to parents about the impact of divorce or separation on children, and guides them about mediation, parenting plans, and the legal process. Each parent may attend a separate class and file a certificate of attendance. The court may refer parents to a second level class if advisable. Participation in the class may be delayed or waived by the court for good cause.
- Filing Fee: About $158. (See Nebraska Filing Fee Waiver Form)
- Where to File for Child Support: In Nebraska, child support is court order/judgment, so that a noncustodial parent who fails to pay child support is subject to enforcement measures in accordance with Federal and Nebraska child support laws.
- Child Support Guidelines Model: The Income Shares Model estimates the amount of support that would have been available if the marriage had not failed.
- Property Division: Equitable distribution state, using a classification of marital and separate property regime.
- Appreciation of Separate Property: The appreciation of separate property is separate.
- Attendance at Hearing: Yes. The petitioner must attend a court hearing approximately 60 days after the respondent files his or her Voluntary Appearance with the Court Clerk.
- Fault Considered in Property Division: No.
- Waiting period after Divorce for Remarriage: 180 days.
- Ways to Serve Spouse: Anyone over 14 may be served by personal, residence, or certified mail service.
- Learn More About Nebraska Divorce.
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