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Nebraska is a “no-fault” state, meaning those wishing to file for divorce need not prove that their partner was responsible for the disintegration of their marriage. Simply stating that the union has suffered from “irreconcilable differences” — in other words, that there is no chance of repairing the marriage — will suffice.
At least one spouse must be a state resident for one year prior to filing for divorce in Nebraska. You are required to file for divorce in the district court of the county where you and/or your partner reside. The judge can enter a decree of divorce no earlier than 60 days after the second spouse has been served with a copy of the complaint.
Under Nebraska state law, marital property will be divided equitably between both spouses, though it is important to keep in mind that the distribution will not necessarily be equal. Marital property is defined as any and all property acquired during the course of the union. Property owned by either spouse before marriage and/or after separation is considered separate property and is not subject to distribution.
A Nebraska judge may order one spouse to pay alimony if the other requires financial assistance. The judge will consider each partner’s economic situation, the length of the marriage and whether the recipient spouse requires education and/or training in order to return to the workforce. Keep in mind that alimony orders can be modified by agreement between the spouses and/or by court order in situations where either spouse’s financial circumstances change.
Nebraska courts issue orders pursuant to the best interests of the child. A judge may award custody to one or both parents, with the presumption being that joint custody between both parents is ideal. The court will examine several factors when determining custody, such as the child’s relationship with both parents, the health, welfare and behavior of the child, the parents’ preferences and the child’s wishes — assuming he or she is old enough to state a preference.
Under Nebraska state law, a court will calculate child support pursuant to specific guidelines, with the establishment of each parent’s earning capacity as the starting point. The judge may order a support amount that deviates from these guidelines in order to provide health insurance, medical and/or educational assistance. Child support arrangements are enforced by the Department of Health and Human Services, and it is important to remember that failure to comply may result in garnished wages.
Wesley S. Dodge Attorney at Law has provided comprehensive legal counsel to Omaha and Douglas County families for over 25 years. If you are currently considering filing for divorce, call (402) 333-1604 today to speak with Omaha’s premier divorce attorney.