Divorce Law Basics in the State of Nebraska

Also See: Nebraska Marriage Laws

Statute: Nebraska State Divorce Code (Chapter 42, Sections 342, 349, 361 & 362)

No-Fault Grounds:

• Irretreivable breakdown

At-Fault Grounds:

• Mental illness including temporary incapacity caused by drug and alcohol use.

Residency: Either party must be a resident of the state for at least 1 year prior to filing or the marriage must have been performed in the state and the parties have been residents since the ceremony .

Legal Separation Recognized? Yes. Legal separation can be filed prior to meeting residency requirements and can be converted to divorce decree after requirements have been met.

Counseling Requirements: The court may order parenting education classes when a minor child is involved.

Property Distribution: Nebraska relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and shall last for a period of time agreed to by the parties or designated by the court. If no time period is specified, alimony shall cease when either party dies or when the recipient remarries.