Nebraska divorce laws
Child
Support
 Nebraska
divorce laws specify that in petitions for
dissolution of a marriage or legal separation,
the court may include a parenting plan, which
can include placing the 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. 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 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
-
Credible evidence of abuse inflicted on any family or household member.
Based on Nebraska divorce laws when determining
custody arrangements, 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.
Modification proceedings relating to support, custody, visitation, or removal of children from the jurisdiction of the court are initiated by a filing a complaint to modify.
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.
| Divorce Myth: Mediation is more hassle than hiring a lawyer to handle the divorce. Reality: Whether divorcing spouses mediate or hire a lawyer to handle the divorce, they have to do a certain amount of legwork in gathering information and making decisions. Mediation offers a streamlined approach to the information-gathering and decision-making processes. In contrast, using the courts is cumbersome and expensive. |
Residency 
 Nebraska
divorce statutes mandate that petitions for
dissolution of marriage will be considered
only if at least one of the parties has had
actual residence in this state for at least
one year prior to the filing of the complaint,
or unless the marriage was took place 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 who have
been continuously stationed at any military
base or installation in Nebraska for one
year or, if the marriage was solemnized in
this state, or have resided in this state
from the time of marriage to the filing of
the complaint will qualify as residents.
Child
Custody
See the above discussion on Child Support as it relates to child custody.
In determining child custody arrangements and the time to be spent with each parent, the court will consider the best interests of the minor child which can include:
-
The relationship of the minor child to each parent
-
The desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when such desires and wishes are based on sound reasoning;
-
The general health, welfare, and social behavior of the minor child; and
-
Credible evidence of abuse inflicted on any family or household member.
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.
Grounds
for
Divorce
 Nebraska
divorce statutes allow for "Irretrievably
broken" be accepted as grounds for divorce if the parties state
under oath that the marriage is indeed irretrievably
broken, or one of the parties makes this
claim and the other does not deny it. If
one of the parties 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.
| Divorce Myth: Divorce may cause problems for many of the children who are affected by it, but by and large these problems are not long lasting and the children recover relatively quickly. Reality: Divorce increases the risk of interpersonal problems in children. There is evidence, both from small qualitative studies and from large-scale, long-term empirical studies, that many of these problems are long lasting. In fact, they may even become worse in adulthood. |
Mediation
 Nebraska
divorce laws mandate that no divorce decree
will 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 counselors 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, assign by the court to the
parties.
Alimony
 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 will terminate upon the death of either party or the remarriage of the recipient.
Waiting
Period
According to Nebraska divorce statutes, there
is a 60 day mandatory minimum waiting period
from the filing of the action (or a voluntary
appearance is filed) before the court will
grant a dissolution (divorce decree).
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
Grandparents
Rights
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.
Best interests of the child prevail. The court will grant grandparental visitation if it determines evidence exists that a significant beneficial relationship between the grandparent and the child had occurred.
Dividing
Assets
 When dissolution of a marriage is decreed, the court may order the division of property as may be reasonable, having regard for 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.
Did you come into this marriage owning a house?
Concerned about the equity in that house that you brought into the marriage?
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.
|
