Local state family laws apply for divorces in the US. Stipulations vary from one state to the next.
In Nebraska, the following details are the main ones you need to know about if you and your spouse are considering a divorce.
What Are the Legal Grounds For Divorce in Nebraska?
An irretrievably broken marriage is the only valid grounds for divorce in Nebraska and it can be asserted by both parties or by one spouse without the denial by the other party.
The quickest way to get a divorce in Nebraska is if you and your spouse both certify in writing that your marriage is irretrievably broken and you have made every reasonable effort to reconcile.
The process will be quicker if you also both sign a written agreement that resolves all of the issues outlined in the divorce petition (for example, child custody, spousal support, etc.) and you give up the right to a hearing.
Once the judge is satisfied that reconciliation of the marriage is not possible, a divorce may be granted but it is not official until he or she signs the final divorce decree. This can only happen at least 60 days after you file for divorce in Nebraska.
Is Nebraska a No-fault State for Divorce?
Yes. Nebraska is a “no-fault” state meaning that blame is not apportioned during a divorce.
It is enough that the marriage is irretrievably broken for a divorce to be granted. It does not require one of the parties to have committed adultery, abuse or abandonment, for instance.
What Are the Residency Requirements For Divorce in Nebraska?
Before most people can file for divorce in Nebraska, either they or their spouse must have been a resident in the state for at least one year.
If you were married in Nebraska and filed for divorce within a year of that date, your application may still be valid if you have resided continuously n Nebraska for the entirety of the marriage.
For those serving in the U.S. armed forces, one partner must have been continuously stationed at a Nebraska military base or installation for one year prior to filing for divorce.
If you do not meet the residency requirement in Nebraska, you can file for legal separation and, once the residency requirement has been met, amend the complaint to request a divorce.
How Long After Your Divorce Can You Remarry in Nebraska?
If you are granted a divorce in Nebraska, you are prohibited from remarrying anyone anywhere in the world (except your ex-spouse) for six months and one day from the date the judge signs the divorce decree.
This, of course, does not stop you from dating.
Do You Need an Attorney To Get a Divorce in Nebraska?
There is no legal requirement to hire an attorney for a divorce in Nebraska.
Most people do hire attorneys as the stakes are high in divorces, things can get complicated, and they want to protect their interests – especially if there are children from the relationship, or substantial assets.
Bear in mind that if you decide to file for divorce on your own:
- The court cannot provide legal advice if you do not have an attorney
- Complications often arise in divorce negotiations between spouses
- There are various legal steps in a divorce that you need to be aware of
- Filing incorrect paperwork creates delays and may jeopardize your interests
- Couples who divorce without the guidance of an attorney often omit important information from agreements
Need help navigating the divorce laws in Nebraska?
If you want to prevent delays in the divorce process, it’s best to hire an experienced divorce attorney to work in your interests.
If you’re concerned about your divorce rights, submit a free case evaluation or give us a call at 402.509.7033.