Nebraska Divorce - Divorce Lawyer
November 24, 2024
Divorce in Nebraska
In Nebraska, divorce laws operate under a no-fault framework. This means that the court does not assign blame or determine who was at fault for the marriage breakdown. Instead, the focus is on practical matters such as custody, property division, debt allocation, and alimony.
Here are some key points about divorce in Nebraska:
- Residency Requirement: Either you or your spouse must be a resident of Nebraska for at least one year before filing for divorce.
- Equitable Distribution: Nebraska follows an equitable distribution approach for dividing marital assets and liabilities. This means that property and debts are divided fairly, though not necessarily equally. The court considers factors such as the duration of the marriage, contributions by each party, and support provided for career advancement or education.
- Child Custody: The courts encourage both parents to remain actively involved in their children’s lives after divorce. Joint custody is preferred unless there are exceptional circumstances.
- Child Support: Child support is calculated using an Income Shares Model, which considers both parents’ income.
- Alimony: Alimony (spousal support/maintenance) may be granted temporarily or for an extended period.
- Simple Divorce: A straightforward divorce, where parties are not disputing property division, debt, or parenting time.
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.
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In Nebraska, equitable division is a three-step process 1. 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.
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According to Nebraska Revised Statute 43-1411, a civil proceeding to establish the paternity of a child may be instituted by the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth, unless a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption1. The proceeding may be instituted in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled1. The guardian or next friend of such child or the state may also institute the proceeding either during pregnancy or within eighteen years after the child’s birth.
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