Legal Separation vs. Divorce in Nebraska
November 17, 2025
Divorce or Legal Separation. What is a legal separation anyway?
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In Nebraska, legal separation refers to the conscious decision of a couple to live apart while remaining married. Here are some key points about legal separation in Nebraska:
- Residence Requirement: In a legal separation, couples must reside separately and physically apart. Living in different bedrooms in the same house doesn’t constitute a separation under Nebraska law.
- Legal Proceedings: You can seek a formal legal separation by filing a petition with the court. A judge will schedule a hearing to consider factors such as each spouse’s assets and debts, income and earning potential, the best interests of any children, and whether there’s any possibility of reconciliation.
- Benefits: In a legal separation case, a court can divide up property and debt between the parties, and award alimony. If the case involves children who have lived in Nebraska for 6 months, a court can also make decisions regarding them.
- Limitations: The parties continue to be legally married and are unable to remarry. However, all other aspects of their marital relationship are severed.
In Nebraska, the process of divorce involves several steps. Here are the essential aspects:
- Eligibility:
- To file for divorce in Nebraska, you or your spouse must have resided in the state for at least twelve months.
- The state follows a no-fault divorce law, meaning that the judge does not assign blame but focuses on custody, property division, debt allocation, and alimony.
- Simplified Divorce:
- If your situation meets specific criteria, you can pursue a simplified divorce: No children under the age of 19.
- No real property (real estate), significant personal property or ongoing business disputes.
- Full awareness of all debts incurred during the marriage and an agreement on who will pay each debt.
- A simple divorce typically takes about six months.
- Filing Process:
- Here are the main steps to initiate a divorce in Nebraska:
- File a Complaint for Dissolution of Marriage in the district court of the county where you reside.
- Submit a Vital Statistics Certificate
Child Support/Nebraska
According to the Nebraska Revised Statute 42-365, when a marriage is dissolved, the court may order payment of alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.
According to Nebraska Revised Statute 43-2923, the best interests of a child require a parenting plan that provides for a child’s safety, emotional growth, health, stability, and physical care, and regular and continuous school attendance and progress for school-age children. The parenting plan should also promote a child’s continued contact with his or her families and parents who have shown the ability to act in the child’s best interests. In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors and: The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing. The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning. The general health, welfare, and social behavior of the minor child. Credible evidence of abuse inflicted on any family or household member. Credible evidence of child abuse or neglect or domestic intimate partner abuse
Divorce in Nebraska
Parenting Time in Nebraska
In Nebraska, equitable division is a three-step process. The first step is to classify the parties’ property as marital or nonmarital. The second step is to value the marital assets and marital liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties.
Can I Get An Ex Parte Order In My Divorce Case?
The Nebraska alimony statute is outlined in Nebraska Revised Statute 42-365. It provides guidelines for awarding alimony during divorce proceedings, considering factors such as the duration of the marriage, contributions to the marriage, and the financial circumstances of both parties. Alimony is intended to support one spouse when the economic circumstances make it appropriate. The statute also addresses the modification, revocation, and termination of alimony orders.
Manipulation and Exaggerated or False Information
Knowing the Different Child Custody Arrangements is Important.
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