Divorce Guide

Divorce Guide

Nebraska No Fault Divorce

According to NE no-fault divorce laws, one may get divorce in the state of Nebraska on “no-fault” grounds only. Courts grant divorce to the spouses if both the parties, under the oath of affirmation, state that the marriage is “irretrievably broken” and that there is no scope of reconciliation. However, if any spouse denies under oath and refuses to give in for divorce, then the court would look in all the matters which have been quoted as reasons for divorce. This is to see if there really has been an “irretrievable breakdown of marriage”.

Residential requirements in NE no-fault divorce

According to NE no-fault divorce laws, either party must be a resident of the state of Nebraska for a minimum period of one year prior to filing the divorce. The place of filing the divorce can be in the county of either spouse.

Property division in NE no-fault divorce

Nebraska is an “equitable distribution” of property state. According to NE divorce laws, property would be divided equitably and fairly among the spouses so that one of the spouses ends up in a financial mess after the marriage. Title and time at which the property was acquired is not considered as an important factor. Only in some cases, judges look into the property as to whether it is a “gift” or was acquired before the marriage. Though the property division is not entirely 50/50, yet courts see to it that both the partners get the proper share of their “marital property”.

In most of the no-fault divorce cases, the spouses try to settle the matter of property division “outside the court”, maybe taking the help of divorce mediators.

Child custody in NE no-fault divorce

As has been mentioned earlier, no-fault divorce cases often have spouses settling the matter of even child custody “outside the court”, with the help of child custody mediator. They are expected to submit a parenting plan that elaborates on how the custody of the child would be handled and the visitations is scheduled. If the parents are unable to settle this matter, then courts are likely to intervene. Courts try to ensure that the “best interests of the child” are not compromised and the welfare and security of the child are well taken care of. In most of the custody matters, courts look into the “wrongdoing” of the other parent which can be “detrimental” to the child. Moral conduct of the parent may or may not be considered important from the custody angle as long as it doesn’t have a negative impact on the child.

When will I get the divorce?

The most frequently asked question is the earliest time that a person would get divorce if it is filed in Nebraska. NE divorce laws state that a minimum period of 60 days should be completed from the time of filing the divorce petition in the court to the date of final hearing.

“Agreed” and Default” no-fault divorce

A divorce is considered “agreed” if both the spouses sign in the divorce terms, agreeing on stipulations for child custody or property division or spousal support etc. they are also called as “co-petitioners” then. Sometimes, a spouse may not do anything at all. He/she may simply refuse to acknowledge the divorce papers served to him/her, may not appear in the courts etc. In such cases, the spouse who files the case would get the divorce on the terms as written down in the first time.

In order to get NE divorce, one must file the divorce in the county, inform the spouse about it and then attend the court hearing regarding the issue. If a spouse has gone “missing”, and can not be located, then Nebraska laws specify that the spouse filing for divorce must publish an advertisement regarding this matter and can get divorce in the state of Nebraska.

Divorce in Nebraska automatically changes the name of the wife, from her married status to the maiden one.

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