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Nebraska Divorce Laws

Divorce -- or the dissolution of marriage -- is regulated by state laws. These statutes determine eligibility requirements and procedures for getting a divorce, such as waiting periods and the court process. Every state allows "no-fault" divorce, often cited as "irreconcilable differences" or "marriage irretrievably broken," which means neither party needs to prove the other's fault. However, conditions such as domestic violence or substance abuse also are considered grounds for divorce. Legal separation is often a preliminary requirement before the court will grant a final divorce decree.

Divorce Laws in Nebraska

The Nebraska will not grant a divorce unless one of the parties has lived in the state permanently for at least a year before filing for divorce, while the court imposes a 60-day waiting period after filing. Divorce with no children and no disputed property is the most straightforward, of course, and the Nebraska Supreme Court provides self-help resources for these cases. Nebraska courts will charge a $75 fee when filing for divorce, or $157 including the civil docket fee). If you have been served with a dissolution of marriage complaint, you will want to file an answer to the complaint and probably a counterclaim (Form DC 9:1 and directions for DC 9:1 , no children).

The main provisions of Nebraska divorce laws are listed in the chart below. See FindLaw's Divorce section for a variety of helpful articles and resources.

Code Section §§42-341 to 379
Residency Requirements Marriage solemnized in the state and one party resides in-state since marriage or one party has resided in-state (making it a permanent home) for 1 yr. before filing
Waiting Period No suit for divorce heard until 60 days after service of process.
Grounds for Divorce
  • Marriage irretrievably broken ("no-fault")
  • Spouse is mentally ill and therefore unable to consent to a divorce decree
  • Spouse has drug/alcohol dependency
Defenses to a Divorce Filing -

Note: State laws are always subject to change at any time, usually through the enactment of new legislation or newly decided case law from higher courts. You should contact a Nebraska divorce attorney or conduct your own legal research to verify the state law(s) you are researching.

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Nebraska Divorce Laws: Related Resources

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Maybe you are thinking about getting a divorce. Or perhaps you are in beginning stages of filing the paperwork. Wherever you are in the process of splitting up from your spouse, you'll want to know that you are getting everything you are entitled to under Nebraska's divorce laws and that your family is covered. You can find out more from a Nebraska divorce lawyer today. Start the conversation with a free case review at no obligation.

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