Nebraska Divorce Law

Complete Overview of of the Nebraska Divorce Laws

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Important Nebraska Divorce Guidelines to File for a Divorce

Nebraska Residency Requirements For Divorce

Residency requirement in Nebraska state that, to file for a divorce either spouse must be a legal resident for at least one year before the divorce was initially filed. This also applies in the instance in which the marriage was performed in Nebraska and one spouse has since taken residence outside the state.

Grounds For Divorce In Nebraska

Common grounds for an uncontested divorce in Nebraska are:

  • irretrievable breakdown of the marriage.
Nebraska Child Custody

In child custody cases the court will generally accept an agreement made between the parents as long as it is determined to be in the best interest of the child. The courts shall not make a decision on a custody case based on the gender of either parent. It is hoped that in most cases joint legal custody can be awarded as this provides both parents the opportunity to make important decisions together on their child. However joint custody does not mean that the child will spend equal time with each parent.

In determining custody the following are some factors which should be considered:

  • bond between child and parent;
  • wishes of the child if sufficiently mature;
  • general health, welfare and social behavior of the child;
  • each child’s age and character, and the stability of each child and each parent.
Nebraska Child Support Guidelines

Child support guidelines in Nebraska are applied the same in almost every case. To calculate child support the courts will take into account the gross income of both parents as well as certain child related expenses. Usually child support will continue until the child reaches the age of 18, but may be extended until he/she finishes their secondary education.


A divorce in Nebraska is usually brought before the Superior Courts.


Couples may submit to a period of mediation before or during the filing of Nebraska divorce papers. If the couple can agree to the issues regarding their domestic relations as it pertains to the divorce proceedings they may proceed with the divorce on an uncontested basis.