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- What are the residency requirements for divorce in Nebraska?
- What are the grounds for divorce in Nebraska?
- Can I get alimony?
- Can alimony be changed or stopped?
- If my spouse and I both want a divorce, does there still need to be a court hearing?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce laws in Nebraska?
What are the residency requirements for divorce in Nebraska?
The judge can grant a divorce in Nebraska if either of the following are true:
- You or your spouse:
- have lived in Nebraska for at least one year before filing the petition; and
- have the intention of making Nebraska your or your spouse’s permanent home; or
- You were married in Nebraska and you or your spouse have lived in Nebraska continuously from the time of your marriage until the time you file for divorce.1
Note: If you or your spouse serve in the U.S. armed forces, you can meet the qualifications listed in number one above if one of you has been continuously stationed at a Nebraska military base or installation for one year prior to filing. You do not have to have the intention of making Nebraska your “permanent home.”2
1 NE ST § 42-349
2 NE ST § 42-349; see Rush v. Rush, 171 Neb. 800 (1961)
What are the grounds for divorce in Nebraska?
“Grounds” are legally acceptable reasons to get a divorce. A divorce can be granted in Nebraska if a marriage is ”irretrievably broken,” which means the marriage cannot be repaired. If one spouse denies that the marriage is broken, the judge will decide if, in fact, the marriage is broken by considering:
- the circumstances that caused you to file for divorce;
- any possibility for getting back together (reconciliation); and
- any other relevant factors.1
In fact, even if both spouses agree that the marriage is irretrievably broken, or if the spouse who is served with divorce papers does not deny the fact, the judge must still be the one to determine if, in fact, your marriage is broken.2
1 NE ST § 42-361(2)
2 NE ST § 42-361(1)
Can I get alimony?
Alimony, also called maintenance or spousal support, is financial support paid by one spouse to the other. It can be awarded as part of a divorce case. To decide whether to award alimony and for what period of time, a judge will consider:
- the circumstances of each spouse;
- the length of your marriage;
- the contributions of each spouse to the marriage, including:
- contributions to the care and education of the children; and
- any interruptions of either spouse’s education or career during your marriage; and
- the ability of the supported spouse to have a job without interfering with the interests of a child in that spouse’s custody.1
1 NE ST § 42-365
Can alimony be changed or stopped?
You or your spouse can file a complaint to change (modify) or stop (revoke) alimony if there is “good cause” to do so. Then, the other spouse would be served with the papers and there would likely be a court hearing for the judge to decide.
In addition, alimony will end if the spouse receiving alimony remarries or if either spouse dies, unless there is a written agreement or court order that says otherwise.1
1 NE ST § 42-365
If my spouse and I both want a divorce, does there still need to be a court hearing?
If 60 days or more have passed since the divorce petition was served on your spouse, the judge may grant your divorce without a hearing if:
- uou and your spouse give up (waive) the right to have a hearing;
- the judge determines that s/he has power over both of you (personal jurisdiction) and over the divorce case (subject matter jurisdiction);
- you both certify in writing that your marriage is “irretrievably broken” and that you have made every reasonable effort towards fixing it (reconciliation);
- all documents required by the court and by statute have been filed; and
- you both sign a written agreement that resolves all of the issues presented in the divorce papers, such as custody, alimony, etc.1
If all of the above are not met, then there will be likely be multiple court hearings before the divorce is finalized.
1 NE ST § 42-361(3)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- Meet the residency requirements of the state where you wish to file. To see Nebraska’s residency requirements, go to What are the residency requirements to file for divorce in Nebraska?
- Have a legally acceptable reason (“grounds”) to end your marriage. To see what are legally acceptable reasons to get divorced in Nebraska, go to What are the grounds for divorce in Nebraska?
- File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- If your spouse disagrees with anything in your divorce papers, s/he can file papers telling his/her side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
In a divorce case, you can also address the following issues, if they are relevant to your situation:
- child custody and co-parenting;
- dividing up property, money, and debts; and
- spousal and child support.
You and your spouse may resolve these issues in an out-of-court settlement or through court hearings.
Where can I find additional information about divorce laws in Nebraska?
The State of Nebraska Judicial Branch provides the following resources concerning divorce:
- self-help information for filing for a simple divorce with children but without custody/visitation disputes or property disputes and filing for a simple divorce without children and without disputed property; and
- information on court costs to file for a divorce, which is listed in the category called “Dissolution Fee.”
Legal Aid of Nebraska has multiple divorce handbooks that explain the divorce process and include a glossary of commonly-used legal terms. They have frequently asked questions on divorce-related matters, including legal separation, serving your spouse, and more.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.
