Nebraska Divorce FAQs:
Steps To File Your Own Divorce:
Step 1: Download our free online divorce forms kit.
Step 2: The person who is deciding to file for divorce must complete all of the required divorce forms. The finished divorce papers must then be filed with the family court in the state where you reside. You can get divorced in a state other than the state you were married in as long as you meet the residency requirements for the state where you are going to file your divorce. You will also be required to pay a filing fee for your complete divorce forms. The fee to file for divorce varies from state to state. Check with your local family court to get the exact cost to file for divorce in your state.
Step 3: The spouce that files for divorce must notify the other spouse that you have filed for divorce by using the divorce forms included in our download.
Step 4: You and your spouse should outline in your divorce settlement agreement the terms you have agreed upon and set forth for one another such as child custody and support, property and asset division, spousal support, etc.
Step 5: After you have completed all of the required divorce forms and have filed them in divorce court, the court will review your divorce documents and issue you a final decree of divorce.
Irreconcilable differences is the only grounds upon which a divorce may be granted in the State of Nebraska. 42-361
Residency requirements At least one of the parties to the action for dissolution of marriage must be a bona fide resident of Nebraska for at least one year, or the marriage must have been solemnized in Nebraska and at least one of the parties lived in Nebraska for the entire marriage. 42-349
name of court and title of action/parties An action for divorce is filed in the District Court. The title of the action initiating the divorce is a Petition for Dissolution of Marriage. The title of the action granting the divorce is referred to as the Decree of Dissolution of Marriage. The party filing the action is the Petitioner, while the other party is referred to as the Respondent. If the petition is filed jointly, both parties are referred to as Co-Petitioners. 42-352
Legal separation Nebraska law permits judgments of legal separation to be granted upon the same grounds as judgments of dissolution of marriage. 42-350 Mediation No decree of dissolution of marriage will be entered unless the court finds that every reasonable effort for a reconciliation has been made. If the court determines that there is a reasonable possibility of reconciliation, the court may transfer the matter to conciliation court or counseling. 42-360
Alimony Either party may be ordered to pay alimony to the other party as the court deems reasonable, after consideration of the following factors:
1. The circumstances of the parties; 2. The duration of the marriage; 3. The history of contributions to the marriage; 4. The ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the party's custody.
Unless the parties agree otherwise, the duty to pay alimony terminates upon the death of either party of the remarriage of the recipient. 42-365
Distribution of property The court will distribute the marital property of the parties as it deems equitable and just, after consideration of the following factors: 1. The circumstances of the parties; 2. The duration of the marriage; 3. The history of contributions to the marriage; 4. The ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the party's custody. 42-365
Child Custody In determining custodial arrangements, the court will consider the best interests of the child. Factors the court will consider in determining the child's best interests include:
1. The relationship of the child to each parent; 2. The desires and wishes of the child; 3. The general health, welfare and social behavior of the child; 4. Any credible evidence of abuse inflicted upon any household member.
Preference will not be given to either parent based upon the sex of the parent and no presumption exists that one parent would be more fit or suitable than the other.
Regardless of custodial arrangements, each parent shall have full and equal access to the education and medical records of the child and may make emergency decisions affecting the health or safety of the child while in that parent's physical custody, unless otherwise ordered by the court. 42-364 Child support Nebraska has established child support guidelines which establish a rebuttable presumption that the amount of support contained in the guidelines is the correct amount of support due. The courts may deviate from the guidelines upon a showing that the application of the guidelines would result in an unjust or inappropriate result. 42-364.16
Parenting education class Any party to a divorce action involving minor children of the marriage may be ordered to complete a parenting education course prior to the entry of a final judgement of dissolution of marriage. 42-349.01.