Marriage & Divorce Laws in Nebraska

Nebraska Finances, Property and Support

Other Important Topics about Divorce in Nebraska 

Important Information About Divorce in Nebraska

What is the waiting period for divorce in Nebraska? 60 days after the spouse was served, plus:

• Divorce is final 30 days after the judge signs and files the Decree.

• Remarriage not allowed until 6 months and 1 day after the Decree is signed and filed.

Do you need to be separated before filing for divorce in Nebraska? If so, how long? No.

How is property classified in Nebraska? Marital vs. Non-Marital Property.

What is the filing fee in Nebraska? Around $160.

Is a joint petition possible in Nebraska? No.

How do you waive the filing fee in Nebraska? Complete this form: Fee Waiver Form

What are the annulment rules in Nebraska? Marriage can be annulled for:

• Marriage prohibited by law

• Impotence at time of marriage

• Existing spouse at time of marriage

• Force or fraud

Is there a faster way to divorce (e.g., summary dissolution) in Nebraska? Uncontested divorce is fastest.

What are the divorcing parties called in Nebraska? Plaintiff and Defendant.

What methods of serving the divorce petition are available in Nebraska, and can the respondent waive service? Official notice (service of process) can be given by:

• Voluntary Appearance

• Praecipe for Summons

• Service by Publication

Service must occur within 6 months of filing or the case is dismissed. Service by publication limits court's ability regarding child support.

What are the residency requirements for divorce in Nebraska? One spouse must be a resident for at least 1 year.

Does it matter who files first in Nebraska? No.

What is the deadline for responding to a divorce complaint in Nebraska? 30 days.

Are parties required to go to court in Nebraska? Yes. Uncontested cases require a hearing; contested cases require a trial. Contact district court clerk for procedures.

Are there requirements before filing or finalizing divorce (classes, etc.) in Nebraska? Yes. Parenting class and parenting plan required. More info here.

Is separation required before finalizing divorce in Nebraska? No.

Is Nebraska a no-fault state? Yes.

Is permanent alimony/spousal support possible in Nebraska? Yes, it can be permanent.

What are Nebraska's alimony/spousal support rules? Alimony considers economic circumstances, marriage duration, contributions, career interruptions, and employment abilities. It ends upon death or remarriage unless otherwise specified.

What are Nebraska's child support rules? Child support considers parental earning capacity and Supreme Court guidelines. Misuse of support payments can lead to court oversight.

What are the military divorce rules in Nebraska? Nebraska law applies, with federal regulations under USFSPA regarding military retirement. Nebraska may treat military retirement as marital property, requiring special decree terms.

Is there an official spousal support calculator in Nebraska? No.

Is there an official child support calculator in Nebraska? Yes, available here and guidelines here.

When can you file taxes as single in Nebraska? If divorced or legally separated by December 31.

Can parties legally separate in Nebraska? If so, how? Yes. A court decree addresses property, support, and custody without dissolving the marriage.

Where do you file for divorce in Nebraska? In the resident county of either spouse (must be Nebraska resident for 1+ year).

What are the rules for filing in Nebraska?

• Must reside in Nebraska 1 year (except if married in Nebraska and lived there continuously since marriage).

• File Complaint for Dissolution with district court clerk.

• Filing fee required; case number issued.

• Name restoration possible upon request.

• Clerk provides limited help; notify clerk of address changes.

What primary documents are generated for divorce in Nebraska?

• Complaint for Dissolution of Marriage

• Vital Statistics Certificate

• Confidential Employment and Health Insurance Information and Social Security Information forms

Can you change your name during divorce in Nebraska? Yes. Request former name restoration in Complaint for Dissolution or Answer and Counterclaim.

Can you finalize divorce while pregnant in Nebraska? Yes. Requires parenting plan, property settlement agreement, and parenting classes.

What is the policy on ending domestic partnerships in Nebraska? Nebraska does not recognize domestic partnerships or same-sex civil unions.

Are financial disclosures required in Nebraska? Not if the divorce is uncontested.

Is free legal help available for divorce in Nebraska? Yes. Legal resources here.

Is common law marriage recognized in Nebraska? No.

Is e-filing available in Nebraska? Yes. E-filing link

Are court appearances required in Nebraska? Yes. After service, wait 60 days before final hearing. Parenting education required during this period if you have children.

Sources:

https://supremecourt.nebraska.gov