Divorce Laws in Nebraska

Everything You Need to Know About Nebraska Divorce Laws

Did you know that Nebraska has a divorce rate of 3.7% per 1,000 of the total population? That’s right, and if you’re considering getting a divorce in Nebraska, it’s important to know the ins and outs of the state’s laws.

Grounds for Divorce

• No-Fault Divorce Grounds in Nebraska: The only divorce ground in Nebraska State is Irretrievable Breakdown of the Marriage. This is granted if both spouses are miserably staying together and can’t provide contentment to each other.
• Fault Divorce Grounds in Nebraska: Mental illness and lack of ability to consent to dissolution of marriage, and drug and alcohol abuse are the fault divorce grounds in Nebraska.

It’s worth noting that fault divorce cases require significant evidence before the plaintiff can prove their case.

Annulment

Annulment is rare in Nebraska State, and it’s a hard and difficult process due to strict requirements. Divorce is favored by people as it’s an easy process and has concrete grounds upon which it is granted.

However, annulment may be requested due to religious considerations. Keep in mind that there are certain awards after a divorce that you are not entitled to in an annulment.

Professional Help

Nebraska State lawyers are available to help you finalize your divorce process with the consent of both parties. Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Nebraska.

Whether you’re considering a no-fault divorce or a fault divorce, it’s important to understand the laws in Nebraska. With this information in hand, you can make the best decision for you and your family.

Divorce Laws in Nebraska

Going through a divorce can be an overwhelming and emotional process, but understanding the laws in your state can help ease some of the stress. Here’s what you need to know about divorce laws in Nebraska:

Residency

In order to file for divorce in Nebraska, at least one of the spouses must have lived in the state for at least one year prior to filing. This is to ensure that the Nebraska divorce court has jurisdiction over the case.

Documents Required for Filing Divorce

When filing for divorce in Nebraska, you will need to have a Complaint for Divorce and a Final Decree of Divorce. It’s important to have all the necessary documents in order to avoid any delays or complications in the process.

Distribution of Property

Nebraska is an “equitable distribution” state, which means that marital property is divided fairly, but not necessarily equally. In the case of property disputes, the court will determine what property is marital and what is not, decide the appropriate value of the marital property, and divide it in a way that is considered to be fair.

Change of Name or Restoration of Name

After a divorce is granted, both spouses are able to take back their pre-marriage names if they choose to do so.

Mediation Counseling

If child custody is a disputed issue in a divorce case in Nebraska, the court may order both parents to submit to mediation. This allows both parents to come to a mutual agreement regarding child custody and encourages joint custodial arrangements.

Alimony

Nebraska courts may order alimony during divorce proceedings if it is deemed appropriate. The court has the authority to award maintenance to both parties for an unspecified or fixed period of time.

Child Custody

When making a decision regarding child custody, Nebraska divorce courts consider the desires and wishes of the parents and child, the interrelationship of the child with both parents and any other person who may affect the child’s best interests, and the overall health, welfare, and social behavior of the child.

Child Support

In Nebraska, child support is determined based on the financial situation, merit, burden, and other aspects of the case. It’s important to seek the help of a Nebraska divorce court to ensure a fair decision is made.

Understanding the divorce laws in Nebraska can help you navigate the process and make informed decisions. For more information, contact a professional divorce attorney or divorce lawyer.

Nebraska Annulment Laws

Have you ever heard of annulment? It’s like a marriage never even happened! But before you start dreaming of a magical do-over, you should know that annulments in Nebraska are pretty rare. Why, you ask? Well, because the grounds for annulment are limited. But fear not, my friend, for I am here to guide you through the grounds recognized by Nebraska annulment laws.

• Bigamy: If you’re already married and you decide to tie the knot with someone else without divorcing from your first spouse, that union is bigamous and void. Nebraska annulment laws recognize bigamy as a ground for annulment.
• Mental Illness: If your spouse suffers from a mental illness that’s beyond cure, you can obtain an annulment under Nebraska annulment laws.
• Consanguinity: This is a fancy word for a marital relationship between close relatives, like marrying your grandparent, sibling, or stepparent. Yikes! Such marriages can be annulled under Nebraska annulment laws.
• Underage Marriage: If you’re under the legal marriageable age and have entered into a marriage without the consent of your parents and the court, you can obtain an annulment under Nebraska annulment laws.
• Fraud and Duress: If you’re forced or threatened into a marriage, that’s not love, that’s a felony. You can claim annulment under Nebraska annulment laws.

So, there you have it, folks. Those are the grounds recognized by Nebraska annulment laws. Remember, marriage is a serious commitment, and annulment should only be considered in cases where the marriage was never valid to begin with. Stay informed, stay safe, and stay away from your grandparent.

Nebraska Divorce Laws: FAQs

Filing for divorce can be a daunting and stressful process. Fortunately, understanding the divorce laws of Nebraska can make the process easier for you. Here are some frequently asked questions about Nebraska divorce laws.

• • What is the minimum residency period for filing a divorce in Nebraska?

To get a Nebraska divorce, you must reside for a minimum of 6 months in the state to the divorce laws of Nebraska.

• • Is it mandatory for both of us to reside in Nebraska to get a Nebraska divorce?

No, there is no such law which makes it mandatory for both of the spouses to be residents of Nebraska to get a divorce in the state. But one of the spouses must be a resident of Nebraska, otherwise the petition will not be valid.

• • Can my spouse and I hire one divorce lawyer?

According to Nebraska divorce laws, both the spouses should appoint different divorce lawyers, because one divorce lawyer cannot safeguard both spouses’ interests.

• • Can I defend myself in court instead of hiring the services of a divorce lawyer?

Yes, you can defend yourself in court. But if you can afford a divorce lawyer, you should do that since they are professionals and can represent you better.

• • I want a divorce but my spouse doesn’t. Can I still claim a divorce?

According to Nebraska divorce laws, every spouse is entitled to file for divorce.

• • What is the cost of divorce in Nebraska?

The court charges filing and appearance fees which are $110 and $45 respectively. The other expenses include a divorce lawyer’s fee which varies from divorce lawyer to divorce lawyer.

• Is Nebraska a no-fault state?

Yes, it is true. Nebraska is a no-fault state, which means that a spouse does not have to prove that the other spouse is at fault for the marriage breakdown.

• How much time will it take in Nebraska to be divorced?

On average, a Nebraska divorce process takes up to 60 days after filing a divorce case. But realistically speaking it may take from 90-120 days to be divorced.

Understanding the divorce laws of Nebraska is crucial for anyone considering filing for divorce in the state. Remember to consult a divorce lawyer for any legal advice and guidance.