Nebraska Divorce Laws (2026): Grounds, Residency, and Process

Nebraska grants a divorce when the marriage is irretrievably broken, which is the only recognized ground under state law. At least one spouse must have lived in Nebraska for one year before filing, and a 60-day waiting period applies after service before the court may hear the case. No prior separation is required.

Grounds for divorce in Nebraska

Nebraska is a no-fault-only state. Irretrievable breakdown of the marriage is the sole ground, codified at Neb. Rev. Stat. 42-361. There are no fault-based grounds such as adultery, cruelty, or desertion available under Nebraska law. This means a spouse cannot block a divorce by denying wrongdoing; the court simply determines whether the marriage is irretrievably broken.

To establish irretrievable breakdown, at least one spouse must testify or affirm that the marriage cannot be saved. If both spouses agree, the case typically proceeds as an uncontested dissolution. If one spouse denies under oath that the marriage is irretrievably broken, the court must consider all relevant factors, including the circumstances that gave rise to the filing and the prospect of reconciliation, and then make a finding on whether the marriage is irretrievably broken (Neb. Rev. Stat. 42-361(2)). No statute sets a fixed conciliation period. Under Neb. Rev. Stat. 42-360 the case may be transferred to a conciliation court in the counties that have established one, or, in counties without one, the court may refer the parties to qualified marriage counselors or family service agencies if it finds some reasonable possibility of reconciliation. That statute also provides that the court may not order marriage counseling at the request of only one spouse. The petitioning spouse can ultimately obtain a divorce even without the other's consent.

Because Nebraska eliminated all fault grounds, misconduct generally does not affect whether you can obtain a divorce. However, conduct may still be relevant to related matters such as property division or custody in specific circumstances.

Residency requirement

To file for divorce in Nebraska, at least one spouse must be an actual resident of Nebraska with the intent to remain, and that residency must have continued for one year before the petition is filed. This is found at Neb. Rev. Stat. 42-349. Alternatively, if the parties were married in Nebraska and one spouse has continued to reside in the state since the marriage, that spouse may also satisfy the residency requirement.

Divorce petitions are filed in the District Court of the county where either spouse currently lives. Nebraska has 93 counties, each with its own District Court. For residents of Omaha, that is the Douglas County District Court; for Lincoln, it is the Lancaster County District Court.

If neither spouse currently meets the one-year residency requirement, you must wait until that threshold is reached before filing in Nebraska. There is no exception based on where the marriage took place unless the married-in-Nebraska condition is met.

Waiting period and separation

Nebraska imposes a waiting period, not a separation requirement. These are different, and it is important to understand the distinction.

The waiting period is a 60-day cooling-off clock that starts running after the respondent spouse has been properly served with the divorce papers. Under Neb. Rev. Stat. 42-363, the court cannot hear the case or issue a decree until those 60 days have elapsed. Crucially, this waiting period is jurisdictional, meaning neither the parties nor the judge can waive or shorten it.

There is no separation requirement in Nebraska. You do not need to live apart from your spouse before filing, during the waiting period, or at any other point in the process. Spouses may continue to share a residence throughout the divorce proceeding. The only clock that matters is the 60 days after service.

In practice, an uncontested Nebraska divorce where both parties cooperate, exchange disclosures promptly, and reach a settlement agreement can reach a decree in approximately two to four months from the date the petition is filed.

Entry of the decree is not the end of the clock, and this catches people out. Under Neb. Rev. Stat. 42-372.01, a Nebraska dissolution decree does not become final and operative until 30 days after it is entered. For the purpose of remarriage to anyone other than your former spouse, it does not become final until six months after entry. So a divorce that "finishes" in three months does not leave you free to remarry someone new until six months after the judge signs the decree. Remarrying before that date puts the validity of the new marriage at risk.

How property is divided

Nebraska is an equitable distribution state. When a marriage ends, the court divides marital property in a manner that is fair and just under the circumstances, which may or may not be an equal split.

Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, meaning assets owned before the marriage or received during the marriage as a gift or inheritance, is typically excluded from division, as long as it has been kept separate and not commingled with marital assets.

Nebraska courts weigh a range of factors when dividing property equitably, including the length of the marriage, each spouse's contribution to acquiring and maintaining marital assets, each spouse's economic circumstances, and the tax consequences of any proposed division. Nebraska is not a community property state, so there is no presumption that each spouse automatically receives 50 percent.

Alimony, custody, and child support

Nebraska courts can order alimony (called spousal support) as part of the divorce decree. The court considers factors such as the duration of the marriage, each party's earning capacity, contributions to the household, and the standard of living established during the marriage. For a full breakdown of Nebraska's spousal support rules, see the Nebraska alimony laws page.

If the divorcing spouses have minor children, the court will also determine child custody and a parenting plan. Nebraska courts distinguish between legal custody (decision-making authority) and physical custody (where the child lives). The guiding standard is the best interests of the child. For more, see the Nebraska child custody laws page.

Child support is calculated under Nebraska's guidelines, which use both parents' incomes and parenting time to determine the monthly obligation. These matters are decided as part of the divorce or in a separate proceeding. Estimate the monthly obligation with our Nebraska child support calculator.

How to file for divorce in Nebraska

The process for filing a divorce in Nebraska follows these general steps. First, confirm that at least one spouse has met the one-year residency requirement. Second, prepare and file a Complaint for Dissolution of Marriage in the District Court of the county where you or your spouse resides. You will pay a filing fee at the time of filing; fees vary by county.

Third, serve your spouse with the complaint and a summons. Service must be completed properly (personal service, acceptance of service, or publication in limited circumstances) because the 60-day waiting period does not begin until service is perfected. Fourth, your spouse has a set period to file an Answer or a voluntary appearance.

Fifth, both parties must exchange financial disclosures, including income, assets, debts, and expenses. If you have minor children, a parenting plan must be submitted. Sixth, if the divorce is uncontested, a written settlement agreement covering property, debts, alimony, custody, and support is presented to the judge. Seventh, after the 60-day waiting period has passed and all matters are resolved, the court issues a Decree of Dissolution of Marriage. Eighth, the decree becomes final and operative 30 days after entry, and six months after entry for the purpose of remarriage to anyone other than your former spouse (Neb. Rev. Stat. 42-372.01).

If the divorce is contested, the case proceeds through pretrial conferences, mediation (often required), and ultimately a trial if no settlement is reached. Contested divorces typically take considerably longer than 60 days.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Nebraska.

Related: Divorce Laws by State (hub) | Nebraska Alimony Laws | Nebraska Child Custody Laws

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