Nebraska Divorce laws
To file for divorce in Nebraska, either the petitioner or the respondent must establish residency in Nebraska. The initial document is called the Petition for Dissolution of Marriage and it is filed in the district court. The final divorce document is called the Decree of Dissolution of Marriage. A no-fault divorce is filed if the marriage is considered irretrievably broken with no chance of reconciliation.
The only grounds for a fault divorce are mental incapacitation by one spouse, including temporary insanity caused by alcohol or drugs. A legal separation may be requested if either party does not believe the marriage is irretrievably broken, or if neither party has met the residency requirements of Nebraska. In some instances after filing for a divorce, there is a waiting period for the case to be heard in court. After the divorce is final, either party may request a name change to a former name, such as a wife requesting that her maiden name be restored.
In cases involving minor children or when the court believes there is a chance for reconciliation, the court may order mediation or counseling for the spouses. The goal of the court in this instance is to preserve the family unit if it is in the best interest of the family with the help of professional counselors.
Nebraska Divorce laws & Property
Nebraska follows the equitable distribution rule of property, meaning that the property will be divided fairly but not necessarily equally. The court will consider the following factors: the duration of the marriage; the financial circumstances of both parties; the contributions of both parties to the acquisition and growth of marital property, including contributions in homemaking and child care; and whether either party interrupted careers or education for the good of the family.
The court will also distinguish separate property from marital property. Separate property is that which was acquired before the marriage and may be awarded to the original owner. The values and liabilities of the marital property is calculated and divided between the parties according to the court’s ruling.
Nebraska Divorce laws & Alimony
Alimony is not always awarded and is based upon individual cases. Spousal support will be awarded by the court after looking at the following circumstances: the duration of the marriage and the standard of living established; the financial resources of both parties and the ability of the supported spouse to acquire gainful employment; and how alimony will relate to child custody and child support.
Nebraska Divorce laws & Child Custody
The goal of the court is to award custody based upon the best interests of the child; the court will not discriminate based upon gender and will consider both parents equally. Whichever parent does not have actual physical custody of the child will usually be granted visitation rights unless there is evidence that the parent is harmful to the child. Legal custody is the right of the parents to make decisions about major parts of a child’s life such as education and religion. Generally, both parents are allowed to make emergency health decisions when the child is in their physical custody. When awarding custody, the court will consider:
the relationship of both parents to the child and the history of those relationships
the wishes of the child if the child is mature enough to express an opinion; the wishes of the parents
the health and behavior of the child
and any credible evidence of abuse or violence.
The court may order both parents to complete some type of parenting education course to facilitate the use of good parenting skills and to encourage cooperation between the parents regarding the child.
Nebraska Divorce laws & Child Support
Nebraska uses an income shares model when calculating child support. The incomes of both parents are determined and then they are each assigned a proportion of the child’s financial support based upon those incomes. The court also considers other factors, such as the future earning potential of the parents. If there are any major financial changes during the course of the child’s life as a supported minor, the child support awards may be altered to reflect those changes.
If there is any concern that the parents are not using child support money for the benefit of the child, they might be required to account for money spent with documentation. Child support agreements may factor in other expenses such as day care, health insurance costs, or costs associated with special needs. In Nebraska, there are no laws that require parents to support their children through college. If a minor child marries, they are no longer granted child support.
