How divorce law works in the State of Nebraska
Dissolution of Marriage (Divorce) is a legal termination of a marriage. To get a divorce in Nebraska the plaintiff generally must have been a Nebraska resident for one (1) year. The district courts in Nebraska, like many other states, will grant a divorce if it finds there has been an “irretrievable breakdown” in the marriage. Nebraska Revised Statutes Section 42-361. Although it is not required to find or determine fault, the court can take into consideration things such as infidelity, drug addiction, alcohol and sexual abuse, and other evidence. Suits must be filed in the district court in the county which either spouse lives at the time of filing or where the spouse being filed against can be served. There is a mandatory 60-day waiting period for a divorce in Nebraska that begins on the day the defendant is determined to have been given legal notice of the divorce. In Nebraska, the divorce will be final 30-days from the date the Decree of Dissolution is entered, however, the parties to the action cannot remarry for a period of 6 months following the entry of the divorce decree.
The court may order either spouse to pay “spousal support” (alimony) to the other party. In Nebraska, the courts do not differentiate between the three generally accepted types of spousal support (traditional; rehabilitative; and reimbursement). The court will review a number of factors when issuing temporary or permanent spousal support including, but are not limited to: the length of marriage, contributions to the marriage, education, work history, and overall financial need of the spouse. The Nebraska courts are not generally inclined to issue a lifelong award of spousal support and generally this support will terminate upon remarriage of the receiving ex-spouse.
In Nebraska divorce proceedings the courts will order a division of the property and the debts of the parties. Nebraska law does not require the Courts to divide the property and debts equally. Instead, the court will look at several factors and use its discretion to find an equitable or fair division. Some of these factors may be: tax consequences; selling costs; alimony; accumulation during separation; dissipation of assets; premarital agreements; inherited property or separate property; and property brought into the marriage.
Normally, the parties will have joint legal custody of the children with physical care and visitation to be determined based upon what is in the best interest of the minor children. In making this determination, the court will look at: home environments, emotional relationships, age and sex of the child, moral fitness of the parents, and the child’s preference. Child support is established through the Nebraska Child Support Guidelines, which is based off a combination of the incomes of the parties, the number and ages of the children, and several other considerations. It is important to know that a parent will not be relieved of his or her child support obligation by merely not exercising their visitation. Rather, the parental obligations will stay in effect until a subsequent order modifies it, the rights are terminated, the child dies, marries or reaches the age of majority, which is 19 in Nebraska.
Contact A Nebraska Divorce Lawyer
We know that a divorce can be difficult, and requires a hard working and dedicated lawyer. We work hard to protect the rights and the futures of our clients. We offer a free consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.
Contact Husker Law, powered by the Law Office of Sands Wegner, PLC at 402-415-2525 for a consultation to discuss your legal options. You are also invited to stop by and visit us at our office.