Same-Sex Divorce in Nebraska: Complete 2026 Legal Guide

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Nebraska divorce law

Same-sex divorce in Nebraska follows the same statutory framework as opposite-sex divorce under Neb. Rev. Stat. § 42-347 et seq.. The filing fee is approximately $158, residency requires one year under Neb. Rev. Stat. § 42-349, and Nebraska imposes a mandatory 60-day waiting period under Neb. Rev. Stat. § 42-363 before a decree can be entered. Nebraska recognized same-sex marriage following Obergefell v. Hodges, 576 U.S. 644 (2015), which compelled all 50 states to license and recognize same-sex unions.

Key Facts: Same-Sex Divorce in Nebraska

Is Same-Sex Divorce Legal in Nebraska?

Same-sex divorce is fully legal in Nebraska and has been since June 26, 2015, when the U.S. Supreme Court decided Obergefell v. Hodges, 576 U.S. 644. Nebraska district courts process same-sex dissolutions under the identical statutory framework as opposite-sex divorces, governed by Neb. Rev. Stat. § 42-347. There are no separate procedures, forms, or fees for same sex divorce Nebraska cases.

Before Obergefell, Nebraska's 2000 constitutional amendment (Initiative 416) defined marriage as between one man and one woman. That provision was struck down as unenforceable by the Eighth Circuit following Obergefell. Today, any same-sex couple legally married in any jurisdiction, including marriages performed in Iowa before 2015 or in Massachusetts after 2004, may dissolve their marriage in Nebraska provided they meet the one-year residency requirement under Neb. Rev. Stat. § 42-349. The district courts in all 93 Nebraska counties have jurisdiction to hear these cases.

Residency Requirements for Filing

Nebraska requires at least one spouse to have been a bona fide resident of the state for one year immediately preceding the filing of the complaint for dissolution under Neb. Rev. Stat. § 42-349. This 1-year rule applies uniformly to LGBTQ divorce petitioners and opposite-sex filers. The filing is made in the district court of the county where either spouse resides.

The one-year residency requirement is strict. Nebraska courts will dismiss a dissolution action filed before the residency period is satisfied, even if the marriage was clearly irretrievably broken. Military members stationed in Nebraska count their time in state toward residency. If you recently relocated to Nebraska from a state like California or New York where you were married, you must wait 12 full months before filing. Alternatively, you may file in your former state of residence if that state's jurisdictional rules still apply. For couples who married in one state, lived in another, and now reside in Nebraska, the filing jurisdiction is Nebraska after the 1-year threshold is met. Proof of residency typically includes a Nebraska driver's license, voter registration, lease or mortgage, and utility bills covering the 12-month period.

Filing Fees and Court Costs

The filing fee for a complaint for dissolution of marriage in Nebraska is $158 as of April 2026. Verify with your local clerk. Additional costs include approximately $15 for service of process by the sheriff and $10-$30 for certified copies of the final decree. Parties unable to afford fees may file a poverty affidavit under Neb. Rev. Stat. § 25-2301 to request a fee waiver.

Beyond the mandatory court fees, gay divorce proceedings in Nebraska typically incur additional expenses. A contested case with custody disputes, business valuations, or significant retirement assets can run $15,000 to $40,000 per spouse in attorney fees. Uncontested same gender divorce matters, where both parties agree on property division, custody, and support, generally cost $1,500 to $4,000 total when handled by a single collaborative attorney or through mediation. Nebraska courts may order one spouse to pay the other's reasonable attorney fees under Neb. Rev. Stat. § 42-367 when there is a significant income disparity. Expect mediation fees of $150-$300 per hour if the court orders alternative dispute resolution, which is increasingly common in Douglas, Lancaster, and Sarpy counties.

Grounds for Divorce: No-Fault Only

Nebraska is a pure no-fault divorce state. The sole ground for dissolution is that the marriage is irretrievably broken under Neb. Rev. Stat. § 42-361. There is no requirement to prove adultery, abandonment, cruelty, or any other fault-based ground. Either spouse may petition; mutual consent is not required for the court to grant the decree.

The no-fault framework simplifies same sex divorce Nebraska cases because there is no need to litigate historically contested fault issues that sometimes disadvantaged LGBTQ spouses in older jurisdictions. If one spouse claims the marriage is not irretrievably broken, the court may continue the matter for up to 60 days under Neb. Rev. Stat. § 42-361 and order counseling. If after that period either spouse still asserts the marriage is broken, the court must find it irretrievably broken and proceed to decree. In practice, Nebraska judges rarely delay dissolutions when one party is determined to end the marriage.

Property Division Under Equitable Distribution

Nebraska divides marital property under the doctrine of equitable distribution, not community property, per Neb. Rev. Stat. § 42-365. Equitable means fair, not necessarily equal. Courts consider the circumstances of the parties, duration of the marriage, contributions of each spouse including homemaking, and the history of the marriage. Typical divisions land between 40/60 and 50/50 for marriages of 10+ years.

For same-sex couples, the marriage duration issue carries extra weight. Nebraska courts determine marital property based on the legal date of marriage, which for many LGBTQ couples is post-Obergefell (after June 2015) even when the relationship lasted decades. A couple together for 25 years but legally married for 8 may see only the 8-year window counted for property acquired during marriage. However, Nebraska judges have discretion under Neb. Rev. Stat. § 42-365 to consider the full relationship history when determining what is equitable. Marital property includes homes, retirement accounts (401(k)s, IRAs, pensions), vehicles, investments, and business interests acquired during the legal marriage. Separate property includes assets owned before marriage, inheritances, and gifts received individually. Commingled assets, such as a pre-marriage home refinanced jointly, often become partially marital.

Child Custody for Same-Sex Parents

Nebraska applies the best interests of the child standard to all custody decisions under Neb. Rev. Stat. § 42-364, regardless of the parents' sexual orientation or gender identity. Courts consider the child's relationship with each parent, each parent's ability to provide care, stability, and the child's wishes if of sufficient age. Nebraska strongly favors joint legal custody when both parents are fit.

Same-sex parents face a unique legal risk when only one parent is biologically or legally recognized as the child's parent. If a same-sex couple had a child through assisted reproduction, adoption, or a prior relationship, and only one spouse completed a legal adoption or was listed on the birth certificate, the non-legal parent may lack standing to seek custody in a dissolution. Nebraska's Parenting Act, Neb. Rev. Stat. § 43-2920 through § 43-2943, governs parenting plans and requires parents to submit a plan addressing legal custody, physical custody, and parenting time. Couples who did not complete second-parent or stepparent adoptions should consult counsel before filing, as establishing parental rights mid-divorce is substantially more difficult. The Nebraska Supreme Court has recognized in Windham v. Griffin, 295 Neb. 279 (2016), and subsequent cases that both spouses in a same-sex marriage are presumed parents of children born during the marriage under the marital presumption of parentage.

Spousal Support (Alimony) in Nebraska

Nebraska courts may award alimony under Neb. Rev. Stat. § 42-365 based on the circumstances of the parties, duration of marriage, and the ability of the supported party to engage in gainful employment. Alimony is not automatic and is awarded in roughly 20-25% of Nebraska divorces, typically in longer marriages with significant income disparity. Awards commonly last 3-10 years rather than indefinitely.

Nebraska does not use a rigid formula for alimony. Judges have broad discretion under Neb. Rev. Stat. § 42-365 to fashion an award considering the recipient's need, the payor's ability to pay, the marital standard of living, and any economic contributions or sacrifices. For LGBTQ divorce cases where one spouse stayed home to raise children or supported the other's career, courts will consider these contributions even when the legal marriage was shorter than the relationship. Rehabilitative alimony, designed to allow the lower-earning spouse to gain education or job skills, is the most common form awarded and typically ranges from 2 to 5 years. Permanent alimony is rare and generally reserved for marriages of 20+ years where the recipient cannot realistically become self-supporting due to age or disability.

Timeline: How Long Does Nebraska Divorce Take?

An uncontested same-sex divorce in Nebraska takes a minimum of 60 days from service of the complaint under Neb. Rev. Stat. § 42-363, which mandates the 60-day waiting period before a final decree. In practice, uncontested cases resolve in 90-120 days. Contested cases involving custody, property, or support disputes typically take 8-18 months to reach final decree.

The 60-day waiting period begins the day the respondent is served or voluntarily appears, not the date of filing. This cooling-off period cannot be waived, even by mutual agreement. After 60 days, the court may enter a decree if all issues are resolved and a parenting plan (if children are involved) has been approved. Contested matters move slower because discovery, depositions, mediation, and trial scheduling add months. Douglas County (Omaha), Lancaster County (Lincoln), and Sarpy County courts schedule trials 4-8 months out. Cases requiring expert testimony on business valuation or child custody evaluations can extend 18-24 months. For same-sex couples where parentage issues complicate custody, expect longer timelines as courts may order home studies and guardian ad litem investigations under Neb. Rev. Stat. § 42-358.

Special Considerations for LGBTQ Couples

Same-sex couples divorcing in Nebraska face several issues that rarely arise in opposite-sex dissolutions. These include determining the legal start date of the marriage for property division, establishing parentage for children born before legal marriage, and addressing assets accumulated during pre-marriage cohabitation. Courts have discretion under Neb. Rev. Stat. § 42-365 to consider the full relationship history.

Couples who entered civil unions, domestic partnerships, or marriages in other states before moving to Nebraska should bring all prior legal documents to their initial consultation. Nebraska does not recognize domestic partnerships as marriages for dissolution purposes, so couples in a Vermont civil union (pre-2009) must first convert or terminate that status. Retirement benefits present another complication: spouses married post-Obergefell may only claim a share of retirement assets accrued after the legal marriage date, potentially losing significant value for long-term couples. Social Security spousal benefits require a 10-year marriage under federal law, which some same-sex couples legally married only after 2015 cannot yet satisfy. Transgender spouses should note that Nebraska courts have not recently addressed gender identity issues in divorce, but existing caselaw applies the best interests of the child standard without presumptive bias.

Frequently Asked Questions

How much does a same-sex divorce cost in Nebraska?

The court filing fee is $158 as of April 2026, plus approximately $15 for sheriff service. Uncontested divorces average $1,500-$4,000 total with one collaborative attorney. Contested cases involving custody or significant assets run $15,000-$40,000 per spouse. Fee waivers are available under Neb. Rev. Stat. § 25-2301.

How long must I live in Nebraska before filing for divorce?

Nebraska requires one full year of residency before filing under Neb. Rev. Stat. § 42-349. This rule applies to all divorces, including same sex divorce Nebraska petitions. Military members stationed in Nebraska satisfy residency through their assignment. You must prove residency with a driver's license, lease, or utility bills covering the 12-month period.

Does Nebraska recognize our out-of-state same-sex marriage?

Yes. Nebraska recognizes all legally performed same-sex marriages under Obergefell v. Hodges, 576 U.S. 644 (2015). Whether you married in Iowa in 2010, Massachusetts in 2005, or California in 2013, Nebraska courts will process your divorce using Neb. Rev. Stat. § 42-347. Bring your original marriage certificate to your attorney consultation.

Do I need grounds for divorce in Nebraska?

No. Nebraska is a no-fault state under Neb. Rev. Stat. § 42-361. The only ground is that the marriage is irretrievably broken. You do not need to prove adultery, cruelty, or abandonment. Either spouse may file, and mutual agreement is not required for the court to grant the decree.

How is property divided in a Nebraska same-sex divorce?

Nebraska uses equitable distribution under Neb. Rev. Stat. § 42-365, meaning fair rather than strictly equal. Marital property (acquired during the legal marriage) is typically divided 40/60 to 50/50. Separate property (pre-marriage assets, inheritances, gifts) remains with the original owner. Same-sex couples should document when assets were acquired relative to the legal marriage date.

What happens to our children if only one parent is the legal parent?

If only one spouse completed adoption or is on the birth certificate, the non-legal parent may lack custody standing in Nebraska. Under Windham v. Griffin, 295 Neb. 279 (2016), children born during a same-sex marriage are presumed children of both spouses. Couples who conceived or adopted outside of marriage should consult counsel immediately to establish parentage under Neb. Rev. Stat. § 43-1401.

How long does a Nebraska divorce take from filing to decree?

Nebraska imposes a mandatory 60-day waiting period under Neb. Rev. Stat. § 42-363 before a decree can be entered. Uncontested cases typically finalize in 90-120 days. Contested matters involving custody, business valuations, or alimony disputes average 8-18 months. Complex cases with expert witnesses can extend to 24 months.

Will I receive alimony in a Nebraska same-sex divorce?

Alimony is awarded in roughly 20-25% of Nebraska divorces under Neb. Rev. Stat. § 42-365. Courts consider marriage duration, income disparity, and each spouse's earning capacity. Rehabilitative alimony lasting 2-5 years is most common. Permanent alimony is rare outside 20+ year marriages. LGBTQ divorce petitioners with pre-marriage cohabitation may argue for broader consideration of relationship contributions.

Can we file for divorce jointly in Nebraska?

No. Nebraska requires one spouse to file a complaint and serve the other, who then files an answer. However, both spouses can jointly submit a signed settlement agreement covering all issues, making the case effectively uncontested. The court will still enforce the 60-day waiting period under Neb. Rev. Stat. § 42-363 before entering the final decree.

Where do I file for same-sex divorce in Nebraska?

File your complaint in the district court of the county where either spouse resides. Nebraska has 93 county district courts. Douglas County (Omaha), Lancaster County (Lincoln), and Sarpy County handle the largest volume of dissolutions. Filing information and current fees are available at supremecourt.nebraska.gov. Verify your filing fee with the specific district court clerk before submitting paperwork.