Cameron Miranda
Nebraska is a 'no-fault' state, meaning that blame is not assigned during a divorce. For a divorce to be granted, it is enough that the marriage is irretrievably broken and beyond repair. There is no common-law marriage in Nebraska, and therefore, no common-law divorce. However, Nebraska has specific laws for divorce proceedings, including residency requirements, a 60-day waiting period, and protections for active-duty military members. The state also offers resources for those seeking a divorce, such as free legal clinics and online forms.
| Characteristics | Values |
|---|---|
| Residency requirements | Either spouse must be a resident of Nebraska for at least one year before filing for divorce. |
| Exceptions | If the couple was married in Nebraska and has lived in the state since, they can file for divorce before the one-year mark. Members of the U.S. armed forces qualify if one spouse has been continuously stationed in Nebraska for a year. |
| Grounds for divorce | Nebraska is a "no-fault" state, meaning that blame is not assigned during divorce proceedings. A divorce can be granted if the marriage is "'irretrievably broken." |
| Common law marriage | Nebraska does not recognize common-law marriage. |
| Divorce proceedings for active military members | Under the Soldiers and Sailors Civil Relief Act, divorce proceedings can be postponed for the duration of active service and up to 60 days after. |
| Remarriage after divorce | Individuals are prohibited from remarrying anywhere in the world (except their ex-spouse) for six months and one day after the judge signs the divorce decree. |
| Legal representation | There is no legal requirement to hire an attorney for a divorce in Nebraska. |
| Court costs | There is a cost to file a Complaint for Dissolution. |
| Divorce with children | A written parenting plan must be developed, addressing legal custody, physical custody, and parenting time. |
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What You'll Learn
Residency requirements
To file for divorce in Nebraska, either you or your spouse must have been a resident of the state for at least one year. The only exception to this rule is if you were married in Nebraska, have been married for less than a year, and have lived in Nebraska for the entirety of your marriage. In this case, you can file for divorce without meeting the one-year residency requirement.
If you have not yet met the one-year residency requirement, you can still file for legal separation. Once you have met the residency requirement, you can then amend your complaint to request a divorce.
If one spouse is in the U.S. armed forces, one of two conditions must be met for the residency requirement to be satisfied. Either you or your spouse must have been a resident of Nebraska for one year, or one spouse must have been continuously stationed at a Nebraska military base or installation for one year prior to filing for divorce.
It is important to note that Nebraska does not recognise common-law marriage. This means that you cannot become legally married simply by living together as a couple in Nebraska.
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Grounds for divorce
Nebraska is a
In Nebraska, a party can file for divorce after living in the state for one year. If a party has not met this requirement, they can file for legal separation and later amend the complaint to request a divorce once they have met the residency requirement. If you have not lived in Nebraska for one year but have lived there since the date you were married, you are able to file for divorce. If you are in the U.S. armed forces, one partner must have been continuously stationed at a Nebraska military base or installation for one year before filing for divorce.
The quickest way to get a divorce in Nebraska is if both parties certify in writing that their marriage is irretrievably broken and they have made every reasonable effort to reconcile. The process will be quicker if both parties sign a written agreement that resolves all issues outlined in the divorce petition, such as child custody and spousal support, and give up the right to a hearing.
If your spouse disagrees with anything in your divorce papers, they can file papers telling their side, which is called "contesting the divorce." If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an "uncontested divorce." Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other responses within the time the law requires, you may still be able to proceed with an uncontested divorce.
Nebraska laws are set up to protect active-duty military members against being held in "default" for failing to respond to a divorce action. Under the Soldiers' and Sailors' Civil Relief Act, 50 USC section 521, and at the discretion of the local Nebraska court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter. This right to postpone divorce proceedings can be waived by any active-duty member who wishes to get divorced.
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Divorce with children
Nebraska does not recognise common-law marriage. However, if you are looking to divorce with children in Nebraska, here is what you need to know.
Firstly, you must meet the residency requirements. You or your spouse must have lived in Nebraska for at least one year before filing for divorce. The only exception is if you were married in Nebraska and have lived in the state for the entirety of your marriage.
Nebraska is a no-fault state, meaning that the fault of either party is irrelevant when determining whether a divorce should be granted. A divorce can be granted if a marriage is deemed "'irretrievably broken', which means that the marriage cannot be repaired. If one spouse denies this, a judge will decide by considering the circumstances that caused the filing for divorce and any possibility for reconciliation.
If you have minor children, you and your spouse will have to take a basic-level parenting education course before you can get divorced. This can be taken in person or online and will inform parents of how divorce can impact children and provide tips on handling this issue. If you have not already agreed on a parenting plan, you and your spouse will be required to participate in child custody mediation.
There are several steps to the divorce process in Nebraska. Firstly, you must file a Complaint for Dissolution of Marriage, which begins the process. You will then be given a case number. You must then serve your spouse with divorce papers, and they will have the opportunity to respond. If your spouse agrees with everything, this is called an "uncontested divorce", and they will sign the papers. If they disagree, this is called "contesting the divorce", and you will likely have to attend court appearances to sort out the issues.
After the dissolution is filed, there is a 60-day waiting period before the court will grant the dissolution. If you and your spouse give up the right to a hearing, the judge may grant the divorce without one. However, the judge must still determine that the marriage is irretrievably broken, and you must certify this in writing, along with showing that you have made every reasonable effort towards fixing it. All documents required by the court must be filed, and you must sign a written agreement that resolves all issues presented in the divorce papers, such as custody and alimony.
Nebraska also has laws in place to protect active-duty military members from being held in "default" for failing to respond to a divorce action. These laws allow for divorce proceedings to be postponed for the duration of active service and up to 60 days after.
There are multiple resources available to help with the divorce process, including free divorce clinics for low-income residents and divorce handbooks that explain the process.
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Divorce without an attorney
Nebraska does not recognise common-law marriage or divorce. However, it is possible to file for divorce without an attorney in Nebraska.
Firstly, it is important to note that Nebraska is a no-fault state, meaning that the fault of either party is irrelevant when determining whether a divorce should be granted. Secondly, one or both parties must have been a resident of Nebraska for at least one year before filing for divorce. The only exception is if the couple were married in Nebraska, have been married for less than a year, and have lived in Nebraska for the duration of their marriage.
If you are filing for divorce without an attorney, you must complete all the necessary forms. The clerk of the district court can provide limited information about the process but cannot help prepare any legal documents. The first document to be filed is the Complaint for Dissolution of Marriage, which begins the divorce process. This must be filed with the clerk of the district court in the county where one or both spouses live. There is a cost associated with filing this complaint, although it can be waived for those with a very low income. Once the complaint has been filed, a case number will be provided, which must be included on all future documents.
In addition to the Complaint for Dissolution, several other documents must be filed with the clerk of the district court, including the Vital Statistics Certificate of Dissolution of Marriage or Annulment, the Confidential Employment and Health Insurance Information form, and the Confidential Party Information and Social Security Information forms. If one or both spouses wish to restore their former name, this must be requested in the Complaint for Dissolution.
For those with children, there are additional requirements. The forms and instructions are intended for cases where there are children, but custody and visitation have been agreed upon by both parties, and neither party is pregnant or expecting children. All minor children must have been conceived, born, or adopted during the marriage. Additionally, there must be no real property or ongoing business operated by either party, and all other property must be able to be divided without argument. Both parties must also be aware of all debts incurred during the marriage and agree on who will pay each debt. Neither party should have a pension or retirement plan, and no alimony should be requested.
Legal Aid of Nebraska provides a free, virtual divorce clinic on a monthly basis for low-income residents of certain counties, including Buffalo, Dawson, Dodge, Gage, Hall, Jefferson, Madison, and Saline County. This clinic provides legal assistance with divorce forms and advice on the divorce process for those representing themselves in a divorce.
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Common-law marriage
Nebraska does not recognise common-law marriage. This means that couples cannot become legally married simply by living together and holding themselves out as a married couple. Therefore, the concept of common-law divorce does not exist in Nebraska.
Instead, Nebraska has specific laws and procedures governing divorce, which is a legal process that terminates a valid marriage. Here is an overview of the divorce process in Nebraska:
Residency Requirements
To file for divorce in Nebraska, either spouse must have resided in the state for at least one year. An exception is made if the couple was married in Nebraska and has lived in the state continuously since their marriage, even if it has been less than a year. For those serving in the U.S. military, one spouse must have been continuously stationed at a Nebraska military base for one year prior to filing for divorce.
Grounds for Divorce
Nebraska is a "no-fault" state, which means that blame is not assigned during a divorce proceeding. The only valid ground for divorce is that the marriage is "'irretrievably broken', and this can be asserted by one spouse without denial from the other.
Initiating the Divorce Process
The divorce process is initiated by filing a Complaint for Dissolution of Marriage with the clerk of the district court in the county where either spouse resides. There is a cost associated with filing this complaint, and it marks the beginning of the legal separation process.
Vital Statistics Certificate
Nebraska law requires the filing of a Vital Statistics Certificate of Dissolution of Marriage or Annulment along with the Complaint. This certificate must be as comprehensive as possible, and it is the responsibility of the filing spouse to gather all necessary information.
Response from Spouse
Once the divorce papers are served, the spouse has the option to contest or agree with the terms of the divorce. If the spouse contests the divorce, a series of court appearances may be required to resolve the issues. On the other hand, if the spouse agrees, the divorce is considered ''uncontested', and the spouse must sign and return the papers.
Court Proceedings
If the divorce is uncontested, and both spouses certify in writing that the marriage is irretrievably broken, the judge may grant the divorce without a hearing. However, if there are disputes regarding child custody, spousal support, or property division, these issues may need to be addressed in court.
Waiting Period and Finalisation
Nebraska has a 60-day waiting period after the dissolution is filed before the court will grant the divorce decree. Additionally, there is a prohibition on remarriage for six months and one day from the date the judge signs the divorce decree.
Legal Representation
Although there is no legal requirement to hire an attorney for a divorce in Nebraska, most individuals choose to do so due to the complexity of divorce proceedings and the potential impact on children and assets. Self-representation is possible, but individuals must be cautious about filing the correct paperwork and navigating the legal steps without legal advice from the court.
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Frequently asked questions
Either you or your spouse must have been a resident of Nebraska for at least one year before filing for divorce. If you were married in Nebraska and have been married for less than a year, you can file for divorce if you have lived in Nebraska for the entirety of your marriage. For those serving in the U.S. armed forces, one partner must have been continuously stationed at a Nebraska military base for one year prior to filing for divorce.
An irretrievably broken marriage is the only valid ground for divorce in Nebraska. This can be asserted by both parties or by one spouse without denial by the other party.
The first document you must submit to the clerk of the district court is the Complaint for Dissolution of Marriage. This begins the divorce process, but filing the complaint is not enough. You will not be divorced until the judge signs a Decree of Dissolution of Marriage and the Decree is filed with the clerk of the district court.
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