Nebraska Divorce Information and
FAQ
Irreconcilable differences is the only grounds upon which a divorce may
be granted in the State of Nebraska. 42-361
Residency requirements At least one of the parties to the action for
dissolution of marriage must be a bona fide resident of Nebraska for at
least one year, or the marriage must have been solemnized in Nebraska and
at least one of the parties lived in Nebraska for the entire marriage.
42-349
Name of court and title of action/parties An action for divorce is
filed in the District Court. The title of the action initiating the
divorce is a Petition for Dissolution of Marriage. The title of the action
granting the divorce is referred to as the Decree of Dissolution of
Marriage. The party filing the action is the Petitioner, while the other
party is referred to as the Respondent. If the petition is filed jointly,
both parties are referred to as Co-Petitioners. 42-352
Legal separation Nebraska law permits judgments of legal separation to
be granted upon the same grounds as judgments of dissolution of marriage.
42-350 Mediation No decree of dissolution of marriage will be entered
unless the court finds that every reasonable effort for a reconciliation
has been made. If the court determines that there is a reasonable
possibility of reconciliation, the court may transfer the matter to
conciliation court or counseling. 42-360
Alimony Either party may be ordered to pay alimony to the other party
as the court deems reasonable, after consideration of the following
factors:
1. The circumstances of the parties; 2. The duration of the marriage;
3. The history of contributions to the marriage; 4. The ability of the
supported party to engage in gainful employment without interfering with
the interests of any minor children in the party's custody.
Unless the parties agree otherwise, the duty to pay alimony terminates
upon the death of either party of the remarriage of the recipient. 42-365
Distribution of property The court will distribute the marital property
of the parties as it deems equitable and just, after consideration of the
following factors: 1. The circumstances of the parties; 2. The duration of
the marriage; 3. The history of contributions to the marriage; 4. The
ability of the supported party to engage in gainful employment without
interfering with the interests of any minor children in the party's
custody. 42-365
Child Custody In determining custodial arrangements, the court will
consider the best interests of the child. Factors the court will consider
in determining the child's best interests include:
1. The relationship of the child to each parent; 2. The desires and
wishes of the child; 3. The general health, welfare and social behavior of
the child; 4. Any credible evidence of abuse inflicted upon any household
member.
Preference will not be given to either parent based upon the sex of the
parent and no presumption exists that one parent would be more fit or
suitable than the other.
Regardless of custodial arrangements, each parent shall have full and
equal access to the education and medical records of the child and may
make emergency decisions affecting the health or safety of the child while
in that parent's physical custody, unless otherwise ordered by the court.
42-364 Child support Nebraska has established child support guidelines
which establish a rebuttable presumption that the amount of support
contained in the guidelines is the correct amount of support due. The
courts may deviate from the guidelines upon a showing that the application
of the guidelines would result in an unjust or inappropriate result.
42-364.16
Parenting education class Any party to a divorce action involving minor
children of the marriage may be ordered to complete a parenting education
course prior to the entry of a final judgement of dissolution of marriage.
42-349.01
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