Introduction
Filing for divorce is one of the most significant legal and personal decisions you will ever make. If you are considering ending your marriage in Nebraska, understanding the state's specific laws and procedures can help you navigate the process with greater confidence and clarity. Nebraska has its own rules governing everything from the grounds for divorce to how property is divided and how child custody is determined.
This comprehensive guide walks you through the key aspects of divorce in Nebraska, including residency requirements, the filing process, property division, child custody, spousal support, and the typical timeline and costs involved. Whether you are just beginning to explore your options or are ready to file, this resource will give you a solid foundation for understanding what lies ahead.
Grounds for Divorce in Nebraska
Nebraska is a purely no-fault divorce state. This means that neither spouse needs to prove that the other did something wrong — such as adultery, cruelty, or abandonment — in order to obtain a divorce. The sole legal ground for dissolution of marriage in Nebraska is that the marriage is irretrievably broken with no reasonable prospect of reconciliation.
Under Nebraska law (Neb. Rev. Stat. §42-347 et seq.), the court must find that the marital relationship has broken down to such a degree that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. In practice, this means that if one or both spouses assert that the marriage is irretrievably broken, the court will generally accept that assertion after appropriate inquiry.
What Does "Irretrievably Broken" Mean?
The term "irretrievably broken" simply means that the marriage has deteriorated beyond repair. You do not need to assign blame or present evidence of misconduct. If one spouse believes the marriage cannot be saved, that is typically sufficient to move the case forward. However, if one spouse contests the claim, the court may require additional evidence or, in some cases, may order counseling before proceeding.
No Consideration of Fault
Because Nebraska is strictly no-fault, allegations of marital misconduct — such as infidelity or substance abuse — generally do not factor into the court's decisions regarding property division, custody, or spousal support. The focus remains on the practical and equitable resolution of the issues arising from the dissolution.
Residency Requirements
Before you can file for divorce in Nebraska, you must meet the state's residency requirement. Under Neb. Rev. Stat. §42-349, at least one spouse must have been a bona fide resident of Nebraska for a minimum of one year immediately prior to filing the petition for dissolution of marriage.
There is one notable exception: if the marriage was performed in Nebraska and one of the parties has resided in the state since the time of the marriage, the one-year residency requirement may still apply, but the connection to the state may simplify jurisdictional issues.
Military Personnel
Military members who are stationed in Nebraska may be able to satisfy the residency requirement based on their assignment to a duty station within the state, even if Nebraska is not their home of record. However, military divorces can involve additional complexities, so consulting with an attorney experienced in military family law is advisable.
Where to File
The divorce petition is typically filed in the district court of the county where either spouse resides. If both spouses live in Nebraska but in different counties, the petitioner (the spouse who files) generally files in their own county of residence.
Property Division
Nebraska follows the principle of equitable distribution when dividing marital property. This means that the court will divide assets and debts in a manner that is fair and reasonable, but not necessarily in a 50/50 split. The court has broad discretion in determining what constitutes an equitable division based on the specific circumstances of each case.
Marital vs. Non-Marital Property
Generally, marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Non-marital (separate) property typically includes assets owned by one spouse before the marriage, as well as gifts and inheritances received individually during the marriage — provided they were kept separate and not commingled with marital assets.
However, Nebraska courts have significant latitude, and in some cases, even separate property may be considered in the overall division if equity demands it.
Factors Considered in Property Division
Nebraska courts consider a variety of factors when dividing property, including but not limited to:
- The duration of the marriage
- Each spouse's contributions to the marriage, including homemaking and child-rearing
- The economic circumstances of each spouse at the time of division
- Any interruption of personal careers or educational opportunities during the marriage
- The present and future earning capacity of each spouse
- The desirability of awarding the family home to the spouse with primary custody of the children
The court's overarching goal is to achieve a fair result that allows both parties to move forward after the divorce.
Child Custody and Parenting Plans
When minor children are involved, custody is often the most emotionally charged aspect of a divorce. Nebraska courts make all custody determinations based on the best interests of the child, which is the paramount standard in every case.
Types of Custody
Nebraska recognizes both legal custody (the right to make major decisions about the child's upbringing, including education, healthcare, and religious training) and physical custody (where the child primarily lives). Custody can be awarded solely to one parent or jointly to both.
Parenting Plans
Nebraska law requires that both parents submit a parenting plan as part of the divorce proceedings. If the parents can agree, they may submit a joint parenting plan. If they cannot agree, each parent must submit their own proposed plan, and the court will make the final determination.
A parenting plan typically addresses:
- The child's living arrangements and daily schedule
- A visitation or parenting time schedule, including holidays and vacations
- Decision-making authority for major life decisions
- Methods for resolving future disputes between the parents
- Transportation arrangements for exchanges
Factors in Custody Decisions
When determining custody, the court considers factors such as:
- The relationship of the child with each parent
- The child's reasonable preferences (if the child is of sufficient age and maturity)
- The general health, welfare, and social behavior of the child
- Each parent's ability and willingness to facilitate a positive relationship between the child and the other parent
- Any history of domestic violence or abuse
Child Support
Nebraska uses the Income Shares Model to calculate child support. This model considers both parents' incomes and the number of children to determine the total support obligation, which is then divided proportionally between the parents based on their respective earnings. The Nebraska Child Support Guidelines provide worksheets and tables that are used to compute the appropriate amount. Deviations from the guidelines are permitted in certain circumstances but must be justified by the court.
Spousal Support (Alimony)
Spousal support, also known as alimony, is not automatically awarded in every Nebraska divorce. The court has discretion to award alimony based on the circumstances of the case. Nebraska recognizes several types of alimony:
- Rehabilitative alimony: Temporary support designed to help the lower-earning spouse become self-sufficient through education or job training.
- Permanent alimony: Ongoing support awarded in cases where one spouse is unlikely to become self-supporting, often due to age, disability, or a very long marriage.
- Lump-sum alimony: A one-time payment instead of ongoing periodic payments.
Factors Considered
When deciding whether to award alimony and in what amount, the court may consider:
- The duration of the marriage
- Each spouse's earning capacity and financial resources
- The standard of living established during the marriage
- Each spouse's age, physical condition, and emotional health
- The contributions of each spouse to the marriage, including homemaking
- The ability of the paying spouse to meet their own needs while paying support
- The time needed for the receiving spouse to obtain education or training
Filing Process
The basic steps for filing a divorce in Nebraska are as follows:
Step 1: Prepare and File the Petition
The process begins when one spouse (the petitioner) files a Complaint for Dissolution of Marriage with the district court in the appropriate county. This petition outlines the basic facts of the marriage, states that the marriage is irretrievably broken, and sets forth the relief requested (property division, custody, support, etc.).
Step 2: Serve the Other Spouse
After filing, the petition must be formally served on the other spouse (the respondent). Service can typically be accomplished through personal service by a sheriff or process server, or in some cases by certified mail or publication.
Step 3: Response
The respondent has 30 days after being served to file a response (answer) to the petition. If the respondent fails to respond, the court may proceed by default.
Step 4: Discovery and Negotiation
Both parties exchange financial information and other relevant documents. Many couples are able to negotiate a settlement agreement — either on their own, through their attorneys, or with the help of a mediator — without going to trial.
Step 5: Parenting Plan (If Applicable)
If the couple has minor children, both parties must submit parenting plans to the court, as discussed above.
Step 6: Trial or Settlement
If the parties reach an agreement on all issues, they submit a settlement agreement (also called a marital settlement agreement or property settlement agreement) to the court for approval. If disputes remain, the case proceeds to trial, where a judge will make the final decisions.
Step 7: Decree of Dissolution
Once all issues are resolved, the court enters a Decree of Dissolution of Marriage, which legally ends the marriage and sets forth the terms of property division, custody, support, and other relevant matters.
Timeline and Costs
Waiting Period
Nebraska imposes a mandatory 60-day waiting period after the respondent has been served with the divorce petition. No final hearing or decree may be entered before this waiting period has elapsed. This is intended to provide a cooling-off period and ensure that the decision to divorce is deliberate.
How Long Does a Divorce Take?
The total timeline for a Nebraska divorce depends largely on whether the case is contested or uncontested:
- Uncontested divorce (both parties agree on all issues): Typically 2 to 4 months from filing to final decree, assuming no complications.
- Contested divorce (disputes over property, custody, or support): Can take 6 months to over a year, depending on the complexity of the issues and the court's schedule.
Costs
- Filing fee: Approximately $160 to $200, depending on the county. (As of February 2026. Always verify the current fee with your local district court clerk.)
- Service of process fees: Typically $20 to $75, depending on the method of service.
- Attorney fees: Vary widely based on the complexity of the case. An uncontested divorce may cost $1,500 to $4,000, while a contested case with litigation can range from $5,000 to $20,000 or more.
- Mediation fees: If mediation is used, costs generally range from $100 to $300 per hour, often split between the parties.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and every situation is unique. The information presented here is based on Nebraska law as of early 2026 and may not reflect the most current statutes, case law, or court rules. Filing fees, timelines, and procedures may vary by county. You should consult with a qualified Nebraska family law attorney to obtain advice tailored to your specific circumstances. No attorney-client relationship is created by reading or relying on this guide.