Divorce Guide

Divorce Guide

Nebraska Divorce Rights

All the fifty states of the USA have their own exclusive divorce related laws. Nebraska divorce rights are different from other states when it comes to the residency requirements before filing the case. A spouse who has not been a resident of the state for a continuous period of one year with an intention to make this state his/her permanent residence can not file a case for the dissolution of marriage in this state. One year of residency requirement is a must for any couple to exercise the divorce rights provided by Nebraska.

Spouse can file the case in any of the counties but a waiting period of sixty days is granted by the court before the dissolution of the marriage. Chapter 42 of Nebraska statutes states that personnel of the United States armed forces can file a divorce case in the state if they have been stationed in the state and if their marriage was solemnized in Nebraska.

Nebraska divorce rights however clearly enumerate the grounds for filing a divorce case. The two categories hence defined are the Fault category grounds and the No-Fault category grounds. The ground which is considered under the No-Fault category is the ground when the marriage is considered to have been broken down irretrievably by the court. According to Nebraska divorce rights, a spouse can seek the help of the Fault grounds when he/she has the evidence of the mental illness of the other spouse. Also if the spouse has become a drug addict and become temporarily incapacitated, Nebraska divorce rights could be exercised by the spouse.

A petitioner is recognized as the spouse who files the divorce case and initiates the case under Nebraska divorce rights. Respondent however is the spouse who receives the divorce papers and who has to reply to those papers. The petitioner can file the case in any of the district courts after submitting some documents which are considered essential while filing a case for the dissolution of marriage. Some of these documents are: financial affidavit, notice of final hearing, petition for the dissolution of marriage and the decree of dissolution of marriage. District clerk’s office takes care of the proceedings of the case and keeps both the parties informed about their Nebraska divorce rights.

Nebraska divorce rights have recognized the state as a state which follows the principle of equitable distribution of property. This distribution of property is done in a fair an equitable manner. Considering the importance of the issue of property distribution after divorce, Nebraska divorce rights define a three stage process. In the first stage, the marital and the non marital property are classified. In the second stage, the value of the marital assets is decided. The distribution of the property is done in the third stage.

The issues of spousal support and child support are elaborately defined in Nebraska state divorce rights. Before delivering the divorce judgment, the court makes sure that both the parties should undergo a counseling and mediation program in which effects of the divorce on the mind and health of a minor child are discussed. The custody of the child and alimony award is decided by the court. The court may take into account any fact while deciding on the issue of alimony award and child custody.

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