Residency Requirements for Divorce: Nebraska
Nebraska has its own dissolution of marriage laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Nebraska residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Nebraska Filing Requirements: In order to file for a dissolution of marriage in Nebraska, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint.
Persons serving in the armed forces of the United States who have been continuously stationed at any military base or installation in this state for one year or, if the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint.
The dissolution of marriage may be filed in either county in which the spouse resides and there is a 60 day waiting period after the dissolution is filed until the court will grant the dissolution. (Nebraska Statutes - Chapter 42 - Sections: 342, 349)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Nebraska for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Nebraska.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Nebraska Divorce Today (5 Great Options!)
- Locate a Nebraska Divorce Professional Near You
- Read More About Nebraska Divorce Laws
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