Nebraska Family Law Resources

We’ve included some additional resources on Nebraska divorce and custody. We encourage you to take some time to go through these educational articles. When you’re ready, you can reach out to schedule a consultation with a Nebraska family law attorney at Cordell & Cordell to start working on your case.

• Nebraska Child Custody Laws – FAQ
• Nebraska Divorce FAQ: Divorce in NE
• Child Custody in Nebraska
• Marital Property in Nebraska

Nebraska Divorce Process

If you file for divorce, you are the plaintiff, and your spouse is the defendant. Nebraska allows you to file a no-fault divorce, which means you do not have to allege grounds, such as adultery, to get a divorce.

Nebraska also has a waiting period of 60 days after your spouse was served before you can request a hearing, though this generally applies to uncontested divorces. In a contested divorce, your spouse will most likely file an answer and counterclaim, and you will have to provide disclosure of all assets and debts, which usually takes longer than 60 days.

Nebraska Residency Requirements

Nebraska has residency requirements for filing for divorce, including:

• You or your spouse must be a resident of Nebraska for at least one year before you can file for divorce. However, if you married in Nebraska and have been married for less than a year but lived in the state the entire time you were married, the one-year residency requirement does not apply.
• Should you wish to change your name to your former name, you must request it in the complaint for dissolution, or, if you are the defendant, in the answer and counterclaim.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in Nebraska

Because Nebraska is a no-fault state, you only need to allege that your marriage is irretrievably broken. You do not need to allege or prove grounds such as adultery or other reasons for divorce.

Related Article: The No-Fault/Fault-Based Divorce Debate

Nebraska Property Division Process

If you acquire property during the marriage, it is considered marital property unless it is:

• A gift
• An inheritance

Any debts, liabilities, and losses that were incurred during the marriage are also included in the property division with your assets unless the loss is non-marital property. In the case of debts, one party agrees to pay the debt and hold the other harmless from any liability related to that debt.

Nebraska follows the principle of equitable distribution, considering factors like income, spousal support, and education when dividing assets and liabilities.

Helpful Property Division Resources

If you and your spouse can agree on property division, you can minimize losses when dividing large assets, such as a house, and debt.

• Divorce Tips For Men: What To Do With The House?
• 6 Strategies To Divide Debt During Divorce

Nebraska Child Custody Laws

Nebraska looks to the best interests of the children when it makes child custody determinations. The court’s objective is to keep both parents involved in raising their children. Joint custody is always preferred unless there are extenuating circumstances, such as spousal and/or child abuse, one spouse being in prison, or substance abuse.

Nebraska also differentiates between physical and legal custody. Physical custody refers to the spouse the children primarily live with, while legal custody refers to the spouse who can make major life decisions for the minor children.

Related Article: Ten Things You Can Do To Sabotage Your Custody Battle

Nebraska Child Support

Both parents have a duty to support their minor children. Nebraska follows Child Support Guidelines based on both spouses’ incomes and the number of children involved. While both parties contribute to child support, the spouse who has the highest amount pays the difference to the other spouse.

Helpful Nebraska Child Support Resources

Understanding how Nebraska determines child support can reduce animosity between spouses, especially if the custodial parent doesn’t think they get enough or the non-custodial thinks they pay too much.

• 5 Tips For Modifying Child Support
• How Paternity Fraud Devastates Entire Families

Nebraska Spousal Support

In Nebraska, spousal support (alimony) is not intended to equalize the incomes of the parties or to punish either spouse. Instead, it may be used to assist a spouse for a reasonable period to bridge the gap during a time of unemployment or to provide support while obtaining necessary training for employment. The court’s criteria for awarding spousal support is “reasonableness.” It looks at several factors when determining an award for spousal support, including:

• Duration of the marriage
• History of the contributions to the marriage by both spouses
• Contributions to the care and education of the minor children
• Interruption of personal careers or educational opportunities
• The ability of the receiving party to engage in gainful employment without interfering with the interests of any minor children in the party’s custody.

Helpful Articles for Spousal Support

Learn more about what factors a court reviews when determining whether to award spousal support.

• Will I Have To Pay Alimony?
• What Protections Does Legal Separation Provide?

Why Work With Cordell & Cordell

Divorcing means major changes to your lifestyle, including the amount of money you have available to you. Depending on your financial situation, you may gain some income in the form of spousal support – yes, even men can receive spousal support! – or you may have to pay your spouse child support and spousal support. Make sure your rights are explained to you and protected by working with family law attorneys at Cordell & Cordell.

Experienced Help for Nebraska Dads: We’re Here For You

At Cordell & Cordell, we explain your rights and help you through the divorce process, which can be complicated, especially if you have minor children and property. Contact our Nebraska office to schedule a consultation if you are considering filing for divorce or if your spouse has served you.