Nebraska follows a clear but sometimes lengthy legal procedure for divorce. Whether you live in Omaha, Lincoln, or Scottsbluff, understanding the steps and legal expectations can ease the burden. This guide outlines the full process, highlighting deadlines, documentation, and what to expect in court.
Residency Requirements for Divorce in Nebraska
To file for divorce in Nebraska, one spouse must have lived in the state for at least one year. If the marriage took place in Nebraska and one spouse has lived there continuously from the time of marriage, the residency rule is also satisfied.
No-Fault Divorce Grounds
Nebraska only recognizes no-fault divorce. This means the marriage must be irretrievably broken. Courts may inquire further if one spouse disputes that the relationship has ended, especially when minor children are involved.
How to File the Complaint
The process begins when one spouse files a Complaint for Dissolution of Marriage in the District Court where either spouse resides. The other spouse must then be served with the papers and has 30 days to respond. If they fail to respond, a default judgment may be issued.
Waiting Period and Education Requirements
Nebraska law imposes a mandatory 60-day waiting period after the other party has been served. In divorces involving children, both parents must complete a court-approved parenting education class.
Even in amicable cases, Nebraska courts require a full parenting plan, approved and filed with the court, before finalizing any divorce involving children.
Division of Assets and Debts
The state uses an equitable distribution model, which aims to divide marital property fairly. The court considers factors like the duration of the marriage, contributions to the household, custody of children, and each spouse's financial standing. Equitable does not always mean equal.
Spousal Support (Alimony)
Alimony is not guaranteed in Nebraska. Courts evaluate whether one spouse requires support and whether the other has the ability to pay. Relevant factors include the standard of living during the marriage, contributions as a homemaker, and future earning capacity.
Child Custody and Parenting Plans
The court prioritizes the best interests of the child. Parents must submit a proposed parenting plan that includes legal custody, physical custody, visitation schedules, and how disputes will be resolved. The court may impose a plan if the parties cannot agree.
Child Support Guidelines
Child support is determined by a statewide formula that factors in both parents' incomes, health care costs, daycare, parenting time, and other relevant expenses. Modifications can be requested later if circumstances change significantly.
- Minimum 1-year residency before filing
- No-fault divorce only (irretrievable breakdown)
- 60-day waiting period after service
- Parenting class required if minor children are involved
- Equitable division of assets, not necessarily 50/50
Unlike some states, Nebraska requires divorcing couples with children to complete a parenting course — even if they already agree on custody.
Divorce in Nebraska can be complex, but preparation helps. From required classes to parenting plans and financial disclosures, knowing what to expect reduces stress. Whether your case is uncontested or involves disputes, understanding your rights and responsibilities is key to moving forward with confidence.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Nebraska divorce papers or browse Nebraska divorce lawyers to get the help you need.