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Nebraska Divorce Laws

You will be afforded the opportunity to create your own Parenting Plan (Visitation or custody), but if you and your divorcing spouse cannot reach agreement, the court will determine child support. Courts can accept your plan, change your plan, or in extreme cases, place your minor child in the custody of the court or third parties or terminating parental rights if the best interests of the minor child require such orders. Child custody and time spent with each parent will be determined on the basis of the best interests of the minor child with the objective of maintaining the ongoing involvement of both parents in the minor child's life.

In determining custody arrangements and the time to be spent with each parent, the court will follow Nebraska child support laws and consider the best interests of the minor child:

• The relationship of the minor child to each parent,
• The desires and wishes of the minor child if of an age of comprehension,
• The general health, welfare, and social behavior of the minor child and
• Credible evidence of abuse inflicted on any family or household member.

The court will not give preference to either parent based on the sex of the parent and nor make any presumption that either parent is more fit or suitable than the other. Regardless of the custody determination of the court, each parent will continue to have full and equal access to the education and medical records of his or her child unless the court orders to the contrary, and either parent may make emergency decisions affecting the health or safety of his or her child while the child is in the physical custody of that parent.

The court will determine the amount of child support to be paid by a parent based upon the earning capacity of each parent and the guidelines provided. Child support paid to the party having custody of the minor child will be the property of that parent. Nebraska child support terminates at age 19.

Custody of minor children will be determined on the basis of their best interests. Courts may consider factors such as the moral fitness of the child's parents [including the parents' sexual conduct]; respective environments offered by each parent; the emotional relationship between child and parents; the age, sex, and health of the child and parents; the effect on the child as the result of continuing or disrupting an existing relationship; the attitude and stability of each parent's character; parental capacity to provide physical care and satisfy educational needs of the child; the child's preferential desire regarding custody if the child is of sufficient age of comprehension regardless of chronological age, and when such child's preference for custody is based on sound reasons; and the general health, welfare, and social behavior of the child.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

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[Nebraska Statutes - Chapter 42 - Sections: 364]

Marriage annulment is the courts decree that the marriage never existed or is void or invalid. In order to receive an annulment in Nebraska, one needs to petition the court, cite grounds for the annulment, and provide proof of those grounds. Grounds for annulment in Nebraska include:

• Bigamy - someone married while already married to another,
• Mental Illness - your spouse is mentally ill and there is little or no hope for recovery,
• Consanguinity - marrying someone too closely related e.g. parents, Uncles, Aunts, sons, in-laws, etc.
• Underage Marriage - married under the age of 15, and
• Fraud and Duress - either were threatened or forced into a marriage.

Any of these grounds will, upon proof, place your marriage in a position for marital annulment.

[Nebraska Statutes - Chapter 42 - Sections: 103, 118, 374, 377]

Child support matters are governed by the Child Support Enforcement Program in Nebraska, and exists to advocates for children in obtaining financial support. The amount of child support to be paid is determined by the court during paternity, divorce, separation or annulment cases. The court uses a state-approved formula to reach an amount in each circumstance. Health care costs are included in figuring total child support.

The CSEP mission is to:

• locate parents
• establish paternity
• establish a child or medical support order,
• modify a child or medical support order, and
• enforce child, spousal and medical support orders

In simplified terms, Nebraska adds the incomes of both parents, and then determines what percentage of the whole each parent contributes. For example, the father earns $4,000 per month and the mother earns $2,000 per month. The total is $6,000 per month. The father therefore earns 66.66% of the total, and the mother earns 33.33% of the total. A reasonable amount of support might be $1,162 for one child. The father share of that amount would be 66.66% of that number, or approximately $775. The mother's share of that amount would be 33.33% of that number, or approximately $387 per month. The difference is $388 (subtract mother's income from father's). The $388 would be what the higher wage earner (in this case the father) pays to the lower earning parent. These figures don't necessarily take into account other factors that can cause the amounts to go up or down, and is meant as guidance only.

Child support payments must be made to the Nebraska Child Support Payment Center. These payments can be by you paying directly to the other parent, or having child support payments taken directly from your pay. Access to support records is available through a registration process.

[Nebraska Statutes - Chapter 42 - Sections: 364]

A legal separation or marriage separation is a legal process much like the divorce process; one needs to petition the court, with grounds, that the plaintiff in a marriage wishes to receive a legal separation. This is processed with a formal separation agreement that is submitted and approved by the court, and covers the same issues that a divorce does. Resolved issues in the separation agreement will include support and maintenance for spouse and children and the disposition of marital assets. A legal separation is often sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted for religious or health care insurance coverage reasons.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

With the dissolution of marriage or legal separation, the court will order the division of property if the parties have been unable to reach a divorce settlement of marital assets and debts. It will consider the circumstances of the parties, length 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.

If one of you stayed home to raise children while the other maintained a career, it is assumed that the stay-at-home spouse made an equal contribution to the marital assets.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried that property you brought into the marriage may be subject to a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.  

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.

[Nebraska Statutes - Chapter 42 - Sections: 365]

The court may order payment of alimony by one party to the other and may order division of property as may be reasonable. In consideration will be 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. Reasonable security for payment may be required by the court. Alimony orders ( also referred to as spousal support or maintenance) will terminate upon the death of either party or the remarriage of the recipient.

[Nebraska Statutes - Chapter 42 - Sections: 365]

Nebraska divorce laws allow for the parties to agree on a Parenting Plan and Visitation Schedule that accommodates them both; in particular when the non-custodial parent will have the children in his or her charge. If the parents are unable to complete and present a plan, the court will intercede and stipulate a schedule. In either case you should consider including the following into your visitation agreement: [How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?]

The court's plan is likely to include the following: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Looking for a no-fault divorce? Nebraska uses the term dissolution in place of divorce. "Irretrievably broken" will be accepted as grounds for divorce if you both state under oath that the marriage is indeed irretrievably broken, or one of you makes this claim and the other does not deny it. If one of you has denied under oath that the marriage is irretrievably broken, the court will consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and will make a finding whether the marriage is irretrievably broken.

Nebraska provides for both fault and no-fault divorces. Fault divorces can occur if one partner is mentally ill and is unable to inadequately consent to a dissolution, or suffers from drug or alcohol abuse.

[Nebraska Statutes - Chapter 42 - Sections: 361, 362]

In order for a petition for divorce to be accepted by the court, either the petitioner or the defendant must have established residency in Kansas prior to the filing. 60 days of uninterrupted residency must have taken place for the petition to be accepted by the court.

Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation. A spouse may have a residence in this state separate and apart from the residence of the other spouse.

[Nebraska Statutes - Chapter 42 - Sections: 342, 349]

Divorce petitions must be filed with the court at least 60 days prior to any decree of dissolution. In cases where separation is requested, 60 days of residency must have occurred immediately prior to the filing. In either case, the court has the option to declare an emergency and waive that 60 day waiting period requirement.

For purposes of remarriage, a final divorce dissolves the marriage 180 days after the decree is rendered.

A final divorce decree will not be entered unless the court finds that every reasonable effort to effect reconciliation has been made. The court may refer the parties to qualified marriage counseling or family service agencies, or other persons or agencies determined by the court to be qualified to provide conciliation services if the court finds that there appears to be some reasonable possibility of a reconciliation. In no case will the court order marriage counseling if only one of the parties to the dissolution (or his or her attorney) make the request. Costs to mediation will be borne by the parties, or, absent an agreement to sharing the costs, assigned by the court to the parties. Any party to a divorce action involving minor children or an action involving child custody or visitation may be required to complete a parenting education course prior to the entry by the court of a final judgment or order modifying the final judgment.

[Nebraska Statutes - Chapter 42 - Sections: 360]

A grandparent may seek visitation with his or her minor grandchild if:

• The child's parent or parents are deceased,
• The marriage of the child's parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered; or
• The parents of the minor child have never been married but paternity has been legally established. Courts endeavor to place the child's best interests above all others.