Filing for Divorce in Nebraska

1. What are the residency requirements for filing for divorce in Nebraska?  
You or your spouse must have lived in the state of Nebraska with the intention of making it your permanent home for at least 12 months before filing and, if you’ve left, returned to the state within 18 months of leaving or kept a legal residence in the state. You have to file in the county in which you or your spouse resides.  

You also meet the residency requirements if you are in the armed forces and stationed in Nebraska for a year before filing or if your marriage was solemnized in the state and you’ve lived there continuously since.  

2. Does Nebraska have a waiting period?       
Yes. The court will not hold a hearing until at least 60 days after you file.  

3. Does the state have grounds for divorce?  
In Nebraska, you may file for a divorce on the ground that your marriage is irretrievably broken. If your spouse denies this, then the court will look at all relevant factors before ruling, including the circumstances that led you to file for divorce and the possibility of reconciliation. The court will not grant a divorce until it’s sure you’ve made every reasonable effort to reconcile. The court may refer you to marriage counseling before proceeding with your case.  

4. How does Nebraska determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.  

The court will divide your marital property, which is anything you acquired during your marriage. This includes the portion of any vested or non-vested pension plans, annuities, retirement plans and the like that you earned during your marriage. Property that you received by gift or inheritance or property that you acquired before you were married is excluded from marital property.  

The court will divide your property in the way it thinks is most equitable, or fair. To determine what that is, it will take into account:

• You and your spouse’s contributions to the acquisition of your marital property.
• You and your spouse’s current and future economic status.
• How long you have been married.
• Your child custody arrangement, if you have children.  

5. Does Nebraska require mediation before a divorce is granted?  
Mediation is not required as a rule in Nebraska, though the court may order it in your case, particularly if you and your spouse disagree on matters regarding your children.  

6. How does the state determine child custody?  
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life—where a child goes to school, what faith he or she is raised in and other biggies. Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.  

In Nebraska, you and your spouse are expected to file a parenting plan. If you do not, the court may order you to seek mediation or some other form of dispute resolution. The court will determine final custody based on the best interest of your child, whether that is the parenting plan you develop, a plan the court develops or some combination of the two.  

To decide what would be in your child’s best interest, the court will consider these factors: