NEBRASKA DIVORCE LAW
When considering divorce in Nebraska, there are several issues that one should take into account before filing, including: a) legal separation; b) grounds for divorce; c) residency requirements; d) procedures in place for a simplified or special divorce; e) annulment; and f) division of property. The information below will address these issues and serve as a resource during the consideration process. It is important to discuss the specific laws governing divorce or legal separation with a Nebraska divorce attorney.
Nebraska Legal Separation
Legal separation allows parties to remain legally married but live apart separately. It is often used as an alternative to divorce. Even if a party does not meet the residency requirement for a divorce, he or she may file for legal separation in Nebraska. Courts in Nebraska allow either party to modify his or her legal separation decree to a divorce decree if the residency requirements are met. Additionally, courts may modify and add spousal or child support to the legal separation decree after the separation has been granted.
Nebraska Grounds for Divorce
No-fault grounds are the only grounds for divorce in Nebraska. The term "irretrievably broken" is the general claim used for no-fault divorce. Both parties must state under oath that the marriage is "irretrievably broken" In situations where one party disputes that the marriage is broken, the final decision will be made by the court only after considering all factors leading to the impending divorce. If you have any questions or concerns as to pleading that your marriage is "irretrievably broken," then you should consult a Nebraska divorce attorney.
Nebraska Divorce Residency Requirements/Where to File for Divorce
Nebraska's residency requirement is that either party must be a resident for a year before filing for divorce. It should be noted that if at any time during that year the party left the state, he or she must have maintained Nebraska as his or her primary place of residence. The divorce petition must be filed in the district court of Nebraska of either county the parties reside.
Availability of Simplified or Special Divorce Procedures in Nebraska
While Nebraska does not have any major simplified or special procedures, it does have some notable special procedures. First, Nebraska courts will not hear a divorce case until at least sixty days after the non-filing party has been legally served. This is considered a jurisdictional requirement and a divorce decree will be considered null if entered before sixty days. Additionally, courts will not grant the divorce unless they find that every possible effort to reconcile has been made between the parties. Finally, Nebraska allows parties to bring an action challenging the validity of the divorce decree within two years of the divorce. One may want to consult a Nebraska divorce attorney if they have any questions about simplified or special divorce procedures in Nebraska.
A declaration by a court that a marriage was never legally valid is an annulment. Annulments are less prevalent than divorces and are often used for religious purposes. They may be brought by either party and will be granted in Nebraska for the following reasons: a) fraud or duress was used to obtain consent to the marriage; b) a party is under the age of legal consent (seventeen) at the time of marriage; c) being mentally ill at the time of marriage; and d) either party has another husband or wife at the time of the marriage. If one has any questions or concerns about seeking an annulment, he or she should consult with a Nebraska divorce attorney.
Nebraska Division of Marital Property
Courts in Nebraska follow the principle of "equitable distribution." This means that property will be distributed fairly, but not necessarily equally. During the marital property division process, courts will consider, among other things, the following factors:
It should be noted that when considering spousal support and division of property, the two serve different purposes and as such are considered separately when deciding what is "reasonable" spousal support and "fair" property division. Due to the great importance of the property division process, one should consult a Nebraska divorce attorney if any questions or concerns arise.
Links to Nebraska Divorce Statutes
Find the following sections of the Nebraska Revised Statutes at
1) Nebraska Legal Separation
2) Nebraska Causes for Divorce
3) Nebraska Divorce Residency Requirements/Where to File
4) Nebraska Simplified or Special Divorce Procedures
5) Nebraska Annulments
6) Nebraska Division of Marital Property