Dealing With Nebraska Divorce Laws

Dealing With Nebraska Divorce Laws

Nebraska is the only American state that is governed by a single legislative body instead of two.

If you are planning to move on from your marriage as a single person then you need to understand Nebraska divorce laws.

File for divorce in Nebraska

Once a person decides to end their marriage, they may be completely stuck and wondering how to file for divorce in Nebraska.  

For most people, the process will be fairly straight forward and can be resolved using Nebraska divorce forms provided by the court system.

Uncontested divorce in Nebraska is very common.

This is a situation where the couple simply has nothing to fight about.  It could be that they have agreed on how to split their assets, but more commonly it is because the couple does not have enough wealth to hire lawyers to dispute.

The couple can split what little money they have and then go their separate ways.  You can even get a divorce in Nebraska without a lawyer.

Nebraska is a no-fault state.

That means the only grounds for divorce are that the couple wants to split up. One spouse need not, and can not, try to prove the other did something wrong.

A divorce can be granted if the court finds that the marriage is “irretrievably broken.”

The couple can state their marriage is broken under oath and that is enough, though one spouse can delay the proceedings by claiming the marriage could be reconciled.

Nebraska child custody laws

Filing for divorce in Nebraska with children adds some complication to the process.

As is typical in most states, a court granting a divorce in Nebraska will resolve child custody issues. The court will always seek to do what is in the best interest of the child.

Nebraska divorce laws recognize that parents usually are better at caring for children than the courts.

For that reason, divorcing parents are required to present a parenting plan for the court to consider.  If they cannot work out a plan, they are sent to a mediator before a judge, who is finally forced to make a decision.

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Nebraska property division and alimony

When reviewing a filing for divorce in Nebraska, the court can order the division of the couple’s property.

In general, everything the couple gained during their marriage must be split between the spouses. 

The divorce process in Nebraska will help each spouse understand the couple’s financial situation so a fair split can be made.  During an uncontested divorce in Nebraska, the couple will work this split out on their own.

Sometimes a divorcing spouse feels that the property division does not take the full situation into account.

For example, if one spouse stayed home with the kids while the other spouse went to graduate school, the couple might have very few assets.

The homemaker could wind up with next to nothing while the other spouse is set to make a large income.

The divorce in Nebraska alimony laws says alimony can provide support when relative economic circumstances like this make it appropriate.

Note that Nebraska divorce records are available online.

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