NEBRASKA DIVORCE BASICS AND OVERVIEW
|This is a divorce reference guide to understanding no-fault divorce in Nebraska. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: There is a 60-day waiting period after the dissolution (divorce) is filed until the court grants dissolution (divorce).
- Where to File: District Court. "In the District Court for _______________ County, Nebraska."
- State Statutes: Revised Statutes of Nebraska, Chapter 42.
- Name of Action: Dissolution of Marriage.
- Name of Parties: Petitioner, the filing spouse, and respondent, the other spouse.
- No-Fault or Fault and No-Fault Only: No-fault and General.
- Primary Documents Filed: Complaint for Dissolution of Marriage and Decree of Dissolution.
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Irretrievable breakdown of the marriage is the only grounds for legal separation.
- Grounds for Divorce: Nebraska is a no-fault state. This means that the basis for obtaining a divorce is that a marriage is irretrievably broken. Under what is termed "general" grounds, Nebraska also permits dissolution in cases of mental illness or drug and alcohol abuse.
- Residency Requirement: One of the parties must reside in Nebraska with a bona fide intention of making it his or her permanent home for at least one year before filing of the Complaint, or unless the marriage happened in Nebraska and either party has resided in the state from the time of marriage to filing the Complaint.
- Mediation Required: Courts may order parents that are not in agreement to attempt to mediate a parenting plan and may require parents to try mediation or specialized alternative dispute resolution if a parenting plan has not been submitted by the time specified by court rule. Nebraska Supreme Court website lists approved mediators.
- Counseling Required: When the court finds "some reasonable possibility of reconciliation," the case may be transferred to a conciliation court or family service agencies, or other persons or agencies determined by the court to be qualified to provide conciliation services. The court order will not order marriage counseling when only one spouse requests it. Official conciliation counselors are available in counties with a population of over 250,000.
- Parent Classes Required: Each parent must attend an approved basic level parenting education class, which provides guidance to parents about the impact of divorce or separation on children, and guides them about mediation, parenting plans, and the legal process. Each parent may attend a separate class and file a certificate of attendance. The court may refer parents to a second level class if advisable. Participation in the class may be delayed or waived by the court for good cause. The family code statute is Nebraska 43-2928.
Parenting Choice is an interactive online Nebraska Parenting Class that meets the requirements to obtain a divorce or a custody agreement in Nebraska. This distance learning class (online) is ideal for those with a busy work schedule. The convenience of taking the course online allows you to work at your own pace. The Parenting Choice online course is state court approved by Nebraska's State Court Administrator, as a provider for the Basic Level Online Course.
- Filing Fee: About $158. (See Nebraska Filing Fee Waiver Form)
- Where to File for Child Support: In Nebraska, child support is court order/judgment, so that a noncustodial parent who fails to pay child support is subject to enforcement measures in accordance with Federal and Nebraska child support laws.
- Child Support Guidelines Model: The Income Shares Model estimates the amount of support that would have been available if the marriage had not failed.
Child support in Nebraska is described in the Rules of the Supreme Court. Following the Income Shares method, the court subtracts from the combined income of both parents from all sources (except for means-tested public assistance benefits) these deductions: taxes, FICA, health Insurance, retirement, and child support (previously ordered for other children), and credit for other supported children. The court then combines both net incomes and uses a support chart to determine the amount of monthly support. For this, the court multiplies the child support amount by the percentage contribution. The court deviates from these calculations whenever applying the guidelines would be unjust or inappropriate as well as special circumstances. Parents can come to an agree on child support amount that is different from what the state guidelines produce, but in order to be approved by the court, the judge must believe it is reasonable and just amount to support the child(ren).
- Property Division: Equitable distribution state, using a classification of marital and separate property regime.
- Appreciation of Separate Property: The appreciation of separate property is separate.
- Attendance at Hearing: Yes. The petitioner must attend a court hearing approximately 60 days after the respondent files his or her Voluntary Appearance with the Court Clerk.
- Fault Considered in Property Division: No.
- Waiting period after Divorce for Remarriage: 180 days.
- Ways to Serve Spouse: Anyone over 14 may be served by personal, residence, or certified mail service.
- Divorce Records: Vital Statistics Certificate of Dissolution of Marriage or Annulment
When the petitioner files a Petition for Dissolution of Marriage with the Clerk of the Court, he or she also files the fully completed Vital Statistics Certificate of Dissolution of Marriage or Annulment. If there is information requested on this form he or she does not know the answer, he or he puts "unknown" in that box on the form. The Clerk is then responsible for filing the form with the Vital Statistics Department once the divorce has become final. A copy of the divorce certificate can be requested, but it will only be issued for personal or legal use. A copy of the actual Decree of Dissolution of Marriage, which details the entire divorce settlement, can be obtained from the county court the divorce was filed and finalized. The Certificate of Dissolution of Marriage only details the basics of the divorce, such as parties names, date the divorce became final, and the county in which the divorce was granted.