Nebraska divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Nebraska. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Nebraska divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In Nebraska, the law requires that at least one of the parties filing a Petition for Dissolution of Marriage in District Court have resided in the state for at least one year. However, if the marriage was performed in the state and either party has made that state their permanent residence since that time, they are eligible to file such a petition.
Nebraska Grounds for Divorce
As a mixed state, Nebraska has laws allowing both no-fault and fault-based divorce; however, the grounds for fault-based divorce are very limited.
Uncontested Divorce in Nebraska
An uncontested divorce is an action whereby the parties work out a prior agreement on all pertinent elements of the settlement prior to filing the petition. These move quickly through the system and the parties can receive a divorce decree rather quickly.
There is a simplified divorce procedure whereby both parties can file jointly. They are called “Co-Petitioners” on the court documents and move quickly, as well
Contested Divorce in Nebraska
When there are disputes over elements of the divorce settlement, the parties will face a contested divorce, which is more costly and time consuming. The parties should call upon an attorney to represent them and help smooth the settlement process.
Annulment in Nebraska
When a marriage was entered into illegally, there are grounds to obtain an annulment, which makes that marriage null and void. In Nebraska, the grounds for an annulment are specific, but difficult to prove:
- Bigamy
- Mental illness which is deemed incurable
- Consanguinity, or marriage to a blood relative
- Underage marriage, by someone under 19 without parental consent, or under 17 even with consent
- Fraud and duress
No Fault Divorce in Nebraska
In Nebraska, the only grounds for no-fault divorce are the irretrievable breakdown of the marriage.
Nebraska Fault Divorce
While a fault-based divorce is honoured in Nebraska, the only grounds for such a petition are
- Mental illness, lacking the ability to give informed consent to a dissolution of marriage
- Temporary incapacity by alcohol or drug abuse
Nebraska Divorce and Child Custody
Child Custody Laws
One of the areas of contention in many divorces is child custody. Gender is not one of the factors in determining custody in Nebraska, but there are others that the court considers:
- The child’s relationship to each parent
- The child’s wishes, depending on their age and maturity
- The child’s social behaviour, welfare, and health
- Any evidence of abuse
Child Alimony
The court may also be required to determine the amount of child support, if any, that should be awarded to one of the parties. There is a Child Support Worksheet that helps the court determine the appropriate party and amount; however the spouse’s income, earning capacity, taxes paid, and retirement contributions are factored into the those calculations.
Parents in Nebraska use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
Nebraska Divorce Spousal Support
Spousal support can be ordered when necessary, based on the following factors:
- Both parties’ circumstances
- The length of the marriage
- The parties’ contributions to the marriage and child rearing
- The parties’ sacrifices to provide that care
- The dependent party’s ability to be gainfully employed and provide the appropriate care for any minor children in their care, as well
- Nebraska reserves the right to require reasonable security for any spousal support ordered by the court.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Nebraska
Spouses in the military are protected by Nebraska law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help from a Nebraska Divorce Lawyer
When divorcing parties are unable to work out a settlement agreement on their own, it can be vital for each to have their own divorce attorney to ensure that there is a skilled negotiator representing them in further discussions. In addition, if it becomes necessary to argue their case before a judge, an experienced attorney can make a more powerful case for a determination in favour of their client.