State Laws and Filing

Nebraska is a "no-fault" divorce state. This means that with regard to property division, it makes no difference who is "at fault" in the marriage or who "caused" the divorce or who "wants" the divorce. The Court will divide property between the parties in a range between 1/2-1/2 and 1/3-2/3. This means that if your spouse has squandered assets during the marriage, you will not be reimbursed.

With regard to custody of children, fault can be a factor. If you or your spouse are contesting custody of your children, negative aspects about you or your spouse can be brought to the attention of the Court as reasons why custody should not be awarded to that person.

There are two requirements for getting a divorce in Nebraska. The first is residency. One person must be a resident of Nebraska for at least one year, as defined as physically present in the state. If you are in the military, you must have been stationed in Nebraska for at least one year. The second requirement is that at least one of the spouses must testify that the marriage is irretrievably broken.