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Nebraska Divorce Facts

When going through a divorce in in Nebraska, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Nebraska should know. The facts listed here are only a selected few of the more comprehensive set of Nebraska Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Nebraska Divorce Professional.

  • Nebraska is a no-fault only state. This means that the basis for obtaining a divorce is that a marriage is irretrievably broken. In filing for divorce, a spouse's complaint seeking dissolution of marriage must state the relief sought - such as child custody, property and child or spousal support rights.
  • The divorce complaint must also list each child whose custody or welfare may be affected by the divorce.
  • Nebraska requires that one of the parties reside in the state for at least one year before filing. Alternatively, a divorce action may be filed in Nebraska if the marriage ceremony was performed in the state, or if either spouse resides in Nebraska from the time of the marriage to the time the action is filed. The petitioner must have a bona fide intention to make the state his or her permanent residence.
  • A Nebraska court may order either spouse to pay alimony and may also enter an order for division of marital property. The circumstances considered by the court in both the division of property or payment of alimony include the duration of the marriage, the history of the spouses' contributions, the interruption of personal careers and educational opportunities, and the ability of a custodial parent to be employed without interfering with the interests of minor children.
  • State law identifies the purpose of division of property as the equitable distribution of marital assets. The purpose of alimony is providing for support or maintenance of a spouse where the circumstances of divorce make such an award appropriate.
  • The Nebraska court determines child custody and visitation according to the best interests of the child. The court seeks to maintain the continued involvement of both parents in the child's life. The determination of the best interests of the child includes consideration of the relationship of the child with each parent, the child's desires and wishes, to the extent that they are based on sound reasoning, the health, welfare and social behavior of the child, and credible evidence of any abuse of, or by, any family or household member.
  • Child support in Nebraska is awarded according to guidelines issued by the state Supreme Court. The guidelines will be deemed to be in the best interests of the child unless either or both parents produce sufficient evidence to rebut the legal presumption that their application would lead to a fair and equitable support order.
  • Nebraska law states that a court shall not enter a divorce decree unless the court finds that there has been a reasonable effort to achieve reconciliation. If the court determines that there is a reasonable opportunity for reconciliation, the case may be referred to a conciliation court in the counties with such a court, or to qualified marriage counselors or family service agencies in other counties.

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