Nebraska Revised Statutes Chapter 42 - Husband and Wife

Defines key terms used throughout Nebraska's dissolution statutes. 'Dissolution of marriage' is synonymous with 'divorce.' Also defines joint legal custody, joint physical custody, legal separation, and spousal support. All definitions in sections 42-347 through 42-381 apply to dissolution proceedings.

Effective: 2024

Requires at least one spouse to have lived in Nebraska with intent to make it their permanent home for at least one year before filing. Exception: if the marriage was performed in Nebraska, either spouse may file if they have lived in the state continuously since the marriage. Military members stationed at a Nebraska base for one year also qualify as residents.

Effective: 2024

Nebraska is a pure no-fault divorce state — the only ground for dissolution is that the marriage is 'irretrievably broken.' If both spouses state under oath the marriage is irretrievably broken, the court makes that finding. If one spouse denies it, the court may order counseling for up to 60 days. Both parties may waive the hearing requirement in writing, allowing the court to issue a decree without a formal hearing.

Effective: 2024

A spouse who does not meet the one-year residency requirement for dissolution may file for legal separation instead. A legal separation allows the court to divide property, set support, and determine custody without dissolving the marriage. Either party may later amend pleadings to convert a legal separation into a dissolution proceeding.

Effective: 2024

Governs both alimony and property division in one comprehensive statute. The court divides marital property based on the 'polestar' of fairness and reasonableness, considering: circumstances of the parties, duration of the marriage, contributions to the marriage (including homemaking and child-rearing), interruption of careers or educational opportunities, and the ability of each party to support themselves. The criteria are not exhaustive — courts also weigh income, earning capacity, and general equities.

Effective: 2024

If the parties cannot agree on a property settlement the court finds conscionable, the court orders an equitable division of the marital estate. Pension plans, retirement plans, annuities, and other deferred compensation — whether vested or not — must be included in the marital estate. The court has broad discretion in valuing and dividing pension rights. Parties may enter voluntary written property settlement agreements, which are binding unless found unconscionable.

Effective: 2024

Any application for spousal support or alimony must be accompanied by a sworn financial statement showing income, assets, debts, payments, and living expenses. The applicant must also disclose, to the best of their knowledge, the other party's financial condition. The other party may file their own statement voluntarily or by court order. Failure to object to the absence of financial statements waives this requirement.

Effective: 2024

The central custody statute. Custody is determined based on the best interests of the child as defined in the Parenting Act (§43-2923). Both parents must develop a parenting plan. Joint legal or physical custody may be ordered when both parents agree and it serves the child's best interests, or when the court specifically finds it appropriate after a hearing. Neither parent has preference based on gender. School records are admissible as evidence in custody proceedings.

Effective: 2024

Lists the factors courts must consider when determining what arrangement serves the child's best interests: the child's relationship with each parent before the action; the child's reasonable wishes (regardless of chronological age, if the child shows comprehension); the child's general health, welfare, and social behavior; credible evidence of abuse against any family or household member; and credible evidence of child abuse, neglect, or domestic intimate partner abuse. The court is not limited to only these factors.

Effective: 2024

Requires a parenting plan in every case where parenting functions are at issue. The plan may be developed by the parties, through a court conciliation program, at an approved mediation center, or by a private mediator. If parents cannot agree and mediation fails, the court creates the plan. The plan must serve the child's best interests and the court is not required to grant equal parenting time if that is not in the child's best interests.

Effective: 2024

Defines key terms for custody proceedings including 'best interests of the child,' 'domestic intimate partner abuse' (covering physical/sexual assault, threats, stalking, harassment, mental cruelty, emotional abuse, intimidation, isolation, economic abuse, or coercion), 'parenting functions,' and 'mediation.' These definitions apply throughout the Parenting Act (§§43-2920 to 43-2943) and are cross-referenced by Chapter 42 custody provisions.

Effective: 2024

Unless parental rights are terminated, both parents retain the right to reasonable access to records and information about their minor children, including medical, dental, and school records. This right continues regardless of which parent has physical custody. The statute ensures non-custodial parents remain informed about and involved in their children's lives.

Effective: 2024

Directs the Nebraska Supreme Court to establish child support guidelines by court rule as a rebuttable presumption. Nebraska uses the income shares model — both parents' incomes are combined, and each parent's share of support is proportional to their income. The guidelines (Supreme Court Rules 4-201 to 4-220) are presumed to be in the child's best interests. Courts may deviate only when applying the guidelines would produce an unjust or inappropriate result.

Effective: 2024

The court may order alimony from one spouse to the other based on: the circumstances of the parties, duration of the marriage, contributions to the marriage (including care of children and homemaking), interruption of personal careers or education, and the supported party's ability to work without interfering with minor children's interests. Alimony is not used to equalize incomes or punish. It terminates upon death of either party or remarriage of the recipient unless otherwise agreed in writing.

Effective: 2024

All temporary or permanent support payments — including child support, spousal support, and medical support — must be paid on the first day of each month. Cash medical support or health care coverage costs are considered reasonable if they do not exceed the amount set forth in the Supreme Court's child support guidelines. Establishes the payment structure and health care cost reasonableness standard for all support orders.

Effective: 2024

All judgments for child support, spousal support, and property division are liens on real property and registered personal property. They may be enforced by execution. Support order liens remain in effect for 10 years after the youngest child reaches majority or the most recent execution, whichever is later. Alimony and property settlement liens expire 10 years from entry, last payment, or most recent execution. Full faith and credit must be given to interstate support liens.

Effective: 2024

Establishes when the obligation to pay child support ends. Child support generally terminates when the child reaches age 19 (the age of majority in Nebraska) or is otherwise emancipated. The State Court Administrator maintains records and procedures for tracking support obligations and their termination. Either parent may petition for modification when circumstances change.

Effective: 2024

Both county courts and district courts have jurisdiction over dissolution of marriage cases in Nebraska. Either court may hear and decide the case. This dual jurisdiction gives parties flexibility in choosing where to file and helps distribute the caseload across Nebraska's court system.

Effective: 2024

A dissolution proceeding begins by filing a complaint in district court (or county court under §25-2740). The other spouse must be served with summons either by personal service or by the alternative methods provided in §25-517.02. Proper service of process is required for the court to have jurisdiction over the case.

Effective: 2024

The divorce complaint must include: the name and address of both parties (a party hiding for safety reasons need only disclose county and state); any other pending divorce or separation actions; reference to any existing restraining orders, protection orders, or criminal no-contact orders; a statement of relief sought including custody, property, and support; and an allegation that the marriage is irretrievably broken.

Effective: 2024

Nebraska imposes a mandatory 60-day waiting period. No divorce may be heard or tried until 60 days after service of process is perfected on the other spouse. This is a jurisdictional requirement — a decree entered based on evidence taken before the 60-day period expires is void. The clock starts on the date of service, not the date of filing.

Effective: 2024

During the pending divorce, the court may issue temporary orders for: support and maintenance of the other spouse and minor children; funds to enable a party to prosecute or defend the action; restraints on transferring, hiding, or disposing of property; protection from molestation or disturbance; and temporary custody of minor children. These orders can be issued ex parte (without notice to the other side) in urgent situations.

Effective: 2024

The court may appoint an attorney to protect the interests of minor children in any dissolution proceeding. The appointed attorney has the power to investigate independently and call witnesses regarding the children's welfare. Attorney fees are set by the court, taxed as costs, and paid by the parties as ordered. If the responsible party is indigent, the county may be ordered to pay.

Effective: 2024

Any victim of domestic abuse may file a petition and affidavit for a protection order. The court may order the abuser to stay away from the victim, leave the shared residence, and refrain from contact. Recently reorganized under the Protection Orders Act (LB 80, 2025), which extended protection order duration and strengthened enforcement. Violations carry criminal penalties.

Effective: 2025

A protection order can be issued without notice to the abuser (ex parte) if the petitioner's affidavit shows they are in immediate danger of abuse before a full hearing can be held. The ex parte order remains in effect until a full hearing is scheduled. Notice of the hearing must then be served on the respondent. Recently transferred to §26-109 under the 2025 Protection Orders Act reorganization.

Effective: 2025

Defines 'abuse' for purposes of the Protection from Domestic Abuse Act. Covers attempts to cause or intentionally causing bodily injury, placing someone in fear of imminent bodily injury, and credible threats against a family or household member. In 2023, Nebraska expanded the Act to include household pets in protection orders, recognizing that abusers often threaten or harm pets to control victims.

Effective: 2025

Either the plaintiff or defendant in a dissolution or annulment action may request restoration of their former name as part of the proceeding. The court must grant the request unless good cause is shown to deny it. The mere fact that a parent and child would have different last names is not sufficient good cause to deny the name change. The decree must specify both the old name and the restored name, and it becomes effective on the date the decree is entered.

Effective: 2024

Nebraska adopted the Uniform Premarital Agreement Act, which governs prenuptial agreements. A prenuptial agreement must be in writing and signed by both parties. It can address property rights, spousal support, and other matters not in violation of public policy — but cannot adversely affect a child's right to support. A prenuptial agreement is unenforceable if the challenging party proves they did not sign voluntarily, or that it was unconscionable and they were not given fair financial disclosure.

Effective: 2024

After a dissolution decree is entered, the parties remain legally married during a six-month waiting period before the decree becomes final. During this period, neither party may remarry. Modification proceedings filed within this six-month window may continue and be decided after the period expires, as long as the original request was timely filed.

Effective: 2024