Can I File for Divorce in Nebraska?

The state of Nebraska has unique residency requirements for people who wish to file for divorce. You must meet these state-specific requirements prior to filing with the Nebraska divorce court of your county. The Nebraska residency requirements are as follows:

No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint.

Persons serving in the armed forces of the United States who have been continuously stationed at any military base or installation in this state for one year or, if the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint.

The dissolution of marriage may be filed in either county in which the spouse resides and there is a 60 day waiting period after the dissolution is filed until the court will grant the dissolution.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Nebraska Statutes - Chapter 42 - Sections: 342, 349)

If you DO NOT meet at least one of the above Nebraska residency requirements, you have the following options:

• Establish residency in Nebraska for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Nebraska residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

One of the spouses must live in Nebraska for one year in order to establish residency. The petitioner is signing a sworn statement in the divorce paperwork. You can file for divorce if you were married and lived in the state since your marriage date. You would need to show proof of your marriage date by proving your marriage certificate to the court.