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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Nebraska divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file / Final Divorce Decree
Property Division
Child Custody / Child Support
Spousal support
Name restoration
Dissolution of marriage may be granted by the court if court finds that marriage is irretrievably broken.
Dissolution of marriage requires that a hearing be conducted in open court and that oral testimony of witnesses or depositions of witnesses be received into evidence; relying upon pleadings alone is insufficient.
- If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.
- If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken. (Nebraska Statutes, Chapter 42, Section 361)
The waiting period for obtaining a divorce is a jurisdictional requirement.
If no attempt is made to have an appellate court review the decree within six months after it is entered, the decree becomes final. Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986).
What is the difference between fault divorce and no-fault divorce?
In order for a district court to accept a Petition for divorce the court has to have jurisdiction over the case. Thus, either the petitioner or respondent (either husband or wife) have to demonstrate that he/she has maintained the residency in Nebraska for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint. Persons serving in the armed forces of the United States who have been continuously stationed at any military base or installation in this state for one year or, if the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint shall for the purposes of filing for divorce be deemed residents of this state. (Nebraska Statutes, Chapter 42, Section 349)
If a complaint for legal separation is filed before residence requirements for dissolution of marriage have been complied with, either party, upon complying with such requirements, may amend his or her pleadings to request dissolution of marriage. (Nebraska Statutes, Chapter 42, Section 349)
A divorce proceeding shall be commenced by filing a complaint in the district court of the county in which one of the parties resides.
The proceeding may be heard by the county court or the district court as provided in section 25-2740. Summons shall be served upon the other party to the marriage by personal service or in the manner provided in section 25-517.02. (Nebraska Statutes, Chapter 42, Section 352)
Dissolution of marriage means the termination of a marriage by decree of a court of competent jurisdiction upon a finding that the marriage is irretrievably broken.
A decree of dissolution, legal separation, or order establishing paternity shall incorporate financial arrangements for each party's responsibility for reasonable and necessary medical, dental, and eye care, medical reimbursements, day care, extracurricular activity, education, and other extraordinary expenses of the child and calculation of child support obligations. (Nebraska Statutes, Chapter 42, Section 364)
When dissolution of a marriage is decreed, the court may order payment of alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Reasonable security for payment may be required by the court. A proceeding to modify or revoke an order for alimony for good cause shall be commenced by filing a complaint to modify. Service of process and other (Nebraska Statutes, Chapter 42, Section 365)
Nebraska courts favor property settlements upon divorce or separation between husband and wife. 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.
In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except terms providing for the support and custody of minor children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable. (Nebraska Statutes, Chapter 42, Section 366(2))
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. (Nebraska Statutes, Chapter 42, Section 366 (8))
If parents can not come to an agreement as to custody of children involved in divorce, the district court will decide it on its discretion.
In determining legal custody or physical custody, the court shall not give preference to either parent based on the sex of the parent and, except as provided in section 43-2933, no presumption shall exist that either parent is more fit or suitable than the other. Custody shall be determined on the basis of the best interests of the child (Nebraska Statutes, Chapter 42, Section 364 (2))
Any person found guilty of contempt of court for failure to pay permanent child support payments and imprisoned therefore shall be committed to a court-supervised work release program. Ninety percent of earnings realized from such program shall be applied to payment of delinquencies in support payments minus appropriate deductions for the cost of work release. (Nebraska Statutes, Chapter 42, Section 358)
Applications for spousal support or alimony shall be accompanied by a statement of the applicant's financial condition and, to the best of his or her knowledge, a statement of the other party's financial condition. Such other party may file his or her statement, if he or she so desires, and shall do so if ordered by the court. Statements shall be under oath and shall show income from salary or other sources, assets, debts and payments thereon, living expenses, and other relevant information. Required forms for financial statements may be furnished by the court. (Nebraska Statutes, Chapter 42, Section 359)
Alimony may be ordered in addition to a property settlement award. (Nebraska Statutes, Chapter 42, Section 366 (6))
Either the plaintiff or the defendant may include a request to restore his or her former name when filing a Petition for divorce. The court shall grant such request except for good cause shown. (Nebraska Statutes, Chapter 42, Section 380)
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