Nebraska Divorce Law Residency Requirements for Divorce in Nebraska
  1. One of the spouses must have been a resident of Ne-braska for at least 1 year (or)
  2. the marriage was performed in Nebraska and 1 of the spouses has lived in Nebraska for the entire marriage
The dissolution of marriage may be filed for in a county where either spouse resides. There is a 60-day waiting period after service of the petition for dissolution of marriage on the respondent before the case can be decided in court.
[Revised Statutes of Nebraska; Chapter 42, Sections 342 and 349].
Legal Grounds for Divorce in Nebraska
  1. No Fault Divorce: Irretrievable breakdown of the marriage.
    [Revised Statutes of Nebraska; Chapter 42, Section 361].
  2. General Divorce: Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use).
    [Revised Statutes of Nebraska; Chapter 42, Section 362].

Legal Separation in Nebraska
Irretrievable breakdown of the marriage is the only grounds for a legal separation in Nebraska. There are no residency requirements specified in the statute. If the residency requirements for dissolution of marriage are met after the petition for legal separation has been filed, the spouse filing may change the proceeding to a proceeding for dissolution of marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 350].

Simplified/Special Divorce Procedures in Nebraska
Joint petitions for dissolution of marriage may be filed by both spouses. In such cases, the spouses should be referred to as "Co-Petitioners" on the court documents. In addition, marital settlement agreements are specifically authorized by law.
[Revised Statutes of Nebraska; Chapter 42, Sections 361 and 366].

Divorce Mediation or Counseling Requirements
A dissolution of marriage will not be granted until every reasonable effort for a reconciliation has been made. If it appears to the court that there is some reasonable possibility of reconciliation, dissolution of marriage actions may be transferred to a conciliation court or the spouses may be referred to a qualified marriage counselor, family service agency, or other agency which provides conciliation services. Official conciliation counselors are available in counties of over 250,000 persons.
[Revised Statutes of Nebraska; Chapter 42, Sections 360 and 808].

Divorce Property Distribution
Nebraska is an "equitable distribution" jurisdiction. The spouses retain their separate property acquired prior to the marriage. All of the spouse's marital property, including any gifts and inheritances acquired during the marriage, may be divided, based on a consideration of the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. Any custodial provisions for the children

[Revised Statutes of Nebraska; Chapter 42, Section 365].

Alimony and Spousal Support
Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on a consideration of the following factors:

1. The circumstances of both spouses
2. The duration of the marriage
3. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
4. Any interruption of personal careers or education
5. The ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody

Reasonable security for the payments may be required.
[Revised Statutes of Nebraska; Chapter 42, Section 365].

Spouse's Name After Divorce
Either spouse may include a request to restore his or her former name in the petition for dissolution of marriage.
[Nebraska Case Law].

Child Custody After Divorce
Joint or sole custody of children is determined according to the best interests of the child and based on a consideration of the following factors:

1. The general health, welfare, and social behavior of the child
2. The preference of the child, if the child is of sufficient age and capacity
3. The child's relationship with each parent prior to the filing for dissolution of marriage
4. Any credible evidence of child or spousal abuse

No preference is to be given because of parent's sex. Joint custody may be awarded if both parents agree.
[Revised Statutes of Nebraska; Chapter 42, Section 364].

Child Support After Divorce
The amount of child support is determined based on a consideration of the earning capacity of each parent. There are official Supreme Court child support guidelines which should be available from the clerk of the court.
[Revised Statutes of Nebraska; Chapter 42, Section 364].

Continue to Nevada Divorce Laws
 
Resource Article:
Valuing the Marital Estate

In most cases, the marital estate is divided equally unless there is written and binding pre-nuptial agreement to the contrary. To divide the marital estate, it is first necessary to determine the equity of the assets. The equity is determined by arriving at a fair market value (how much would a buyer be willing to pay) and subtracting out any secured encumbrances. For example the equity in a home could be determined by taking an appraised value and subtracting out the secured mortgage, second mortgage, secured lines or credit, home equity loans and outstanding property taxes.

Valuing assets may require the aid of an appraiser. To reduce costs, it is often most effective for the parties to jointly choose an appraiser and divide that expense. Appraisers are available to value real estate, vehicles, business interests, collectibles and other assets. There are also a number of resources listed at the right to help you value cars, boats and motorcycles.

Dividing the Marital Estate

Once you have determined the relative values and encumbrances of the assets, they can be divided by creating a spreadsheet. The equity of any asset awarded to a party is offset by the payment of any debt obligation by the party to ideally arrive at an equal property division.. In this fashion, it is not necessary to divide each asset equally. It is only necessary that each party receives a substantially equal share of the marital estate. Ideally, the division of assets and debts will result in totals that are equal. When that does not occur, such as in the chart below, one spouse may be required to make a cash payment to equalize the division of assets. Often this is accomplished with the party awarded the homestead refinancing the mortgage in an amount sufficient to retire the other spouse's interest. In the example below, wife could refinance to pay the husband the sum of $6,500 (one half of the difference between the values awarded to the wife and the husband.)
 
 
 

Divorce Terms:
Garnishment; Wage Assignment; Wage Attachment. A court order to a third party, usually an employer, requiring the employees wages to be attached (automatically deducted from a paycheck) and assigned (paid) to another party, usually the wife.

Most states favor attachment for support payments. It avoids late or missed payments and saves court time. Fewer contempt of court actions are filed. A contingent or suspended wage assignment requires the completion of appropriate forms, and does not become active unless, and until, payments are missed. This is a strong inducement for your spouse to stay current on his payments.

Grandparent Visitation. See Visitation, Grandparent

Ground(s) for Divorce. Each states divorce statutes set forth certain improper or troublesome behavior that constitutes a ?legal reason? for the court to grant a divorce.

The following list, based on Massachusetts law, is for illustrative purposes only. Each term has a legal definition which may differ from commonly used English. Your state may 1) not recognize all the grounds set forth, and 2)may include other grounds. Consult local counsel. See Fault and No-Fault Divorce.

1. Adultery

2. Cruel and abusive treatment

3. Utter desertion

4. Long-term incarceration

5. Gross and confirmed habits of intoxication

6. Non-support 7. Impotency

8. Irretrievable breakdown of the marriage (no-fault)

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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