Nebraska Family Law Overview

Nebraska is a no-fault divorce state, meaning that specific acts of wrongdoing are not needed for a divorce to be granted. A spouse in need of a divorce must instead show that the marriage has irreconcilable differences and that these differences led to the breakdown of the marriage.

Technically, there are two legal grounds for divorce in Nebraska:

1. Mentally ill and lacks the ability to consent to a dissolution of marriage;
2. Drug and alcohol abuse.

Because of the availability of no-fault grounds however, these other legal bases are almost never used.
However, fault may still be used to determine how child custody, spousal support and similar matters are decided.

The best way to begin a divorce proceeding in Nebraska is to file a divorce petition in the same county where you and/or your spouse reside. However, it is in your best interests to talk with an Omaha divorce and family law lawyer before filing. Receiving the legal counsel of an attorney will help ensure that you fulfill all legal residency requirements. And, a divorce and family law attorney in Omaha will make sure that the district court you file in has jurisdiction over the Nebraska divorce proceeding. Read More

Alimony or spousal support is dependent on the unique circumstances of Nebraska spouses. A Nebraska court will consider the circumstances of all parties involved, including factors such as the length of the marriage and the contributions of each spouse to the marriage. These contributions include caring for and educating children, postponing personal careers, and similar marital sacrifices.

A court will look at all factors affecting the current and future earnings of a spouse, and after weighing these factors, you may be entitled to alimony. Read More

Nebraska is an equitable property division state, meaning that the goal of a property division is that each party receives a fair and reasonable amount of property. Additionally, spouses are entitled to manage any property that is exclusively in their name. However, the name on a given property will not be the only deciding factor in how property is divided. Rather, a Nebraska judge divides property in a manner that is equitable and fair, which does not necessarily mean the distribution will be equal.

Some of the factors a court will consider when making a property award include:

1. The contribution each spouse made toward the marital estate;
2. The current and future economic status of the spouses;
3. The duration of the marriage; and
4. The child custody arrangement of minor children.

Nebraska family law courts begin a child custody determination with the presumption that it is in a child’s best interests to maintain regular and ongoing contact with both parents. As such, joint custody is frequently encouraged.

But, the exact nature of a time-sharing agreement depends on using a number of factors to determine what is truly in the best interest of the child. Negative or harmful parental behaviors can be used to show that the parent’s child custody privileges should be reduced or diminished.

As circumstances change, you may find yourself needing to modify your child custody orders. In order for Nebraska Courts to make consider allowing you to make changes  to your child custody agreement you will need to demonstrate... Read more

In the state of Nebraska, a formula that is based on a variety of different factors such as income, the number of children, the amount of time spent with the children, etc. to determine how much child support is to be paid and to whom it is paid to. Read more