Everything to Know About Divorce in Nebraska
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Divorce in Nebraska can feel overwhelming, but the process is more manageable when you know what to expect. Here’s what you need to get started.
Prerequisites
Residency requirements
At least one spouse must have lived in Nebraska for one year before filing.
Grounds for divorce
Nebraska is a no-fault state. The only required reason is that the marriage is irretrievably broken.
Waiting period & separation requirement
Nebraska courts do not ask about any separation before you can file for divorce.
How to file for divorce in Nebraska
- File a Complaint for Dissolution in your county’s District Court.
- Serve your spouse (required if not filing jointly).
- Wait at least 60 days from the date of service.
- Attend a hearing.
- Get your divorce decree.
Cost of divorce & filing fees
- Filing fee: Around $160
- Fee waiver: Nebraska poverty affidavit form
Other costs include form preparation, legal and other expert services, and any required classes.
Property, assets & debt division
Nebraska uses a more uniquely named “marital vs. non-marital property” model. You can read more about it here.
Distinctions:
- Marital property is subject to division.
- Non-marital property (e.g., inheritances, gifts) generally stays with the original owner.
Spousal support (alimony)
Alimony in Nebraska is never a given. One spouse must request it and justify it. It is usually temporary, until the spouse can be financially independent or dependents no longer have such a financial need.
Factors considered for alimony:
- Length of marriage
- Earning capacity
- Contributions to the marriage
- Age and health of both parties
Child support & custody
Nebraska bases custody and support on the child’s best interests:
- Support is calculated with a standard formula
- Shared custody is common if both parents are involved and cooperative
Use Nebraska’s child support calculator for an estimate of what you can expect.
Military divorce
Military divorces in Nebraska must follow both state rules and federal protections (e.g., SCRA).
Legal separation and annulment
- Legal separation: Same process as divorce, except the marriage isn’t terminated.
- Annulment: Rare. Granted only when the marriage is legally invalid.
E-filing
Some counties in Nebraska allow e-filing through the court’s online system.
After divorce
Things to address post-divorce:
See our full list of things you may need to revisit.
Legal help and divorce resources
Divorce is a legal process, but it’s also a big life transition. With the right steps and support, you can move forward with confidence.
