When a marriage is on the verge of ending, each spouse has a lot to consider and prepare for. Every state abides by a different set of laws, so you may find yourself asking, what exactly are the grounds for divorce in Nebraska? Because the answer is quite complex, it’s important to work with an Ohama divorce attorney to better understand the divorce process in Nebraska.

What Is the Difference Between a Divorce and a Separation in Nebraska?

A legal separation is a legally binding arrangement that allows a married couple to live separately without officially ending their marriage. Oppositely, a divorce terminates a marriage entirely. In Nebraska, one spouse must have been a resident of the state for at least one year to be eligible to file for a divorce. If spouses do not meet this requirement, they may opt for a separation so that they can begin to move forward with their separate lives until they are eligible.

Grounds for Divorce in Nebraska

There are many different nuanced reasons a couple may choose to end their marriage. In Nebraska, you do not have to justify your divorce or have a reason to prove that you need one. According to Nebraska law, there are grounds for divorce as long as one or both spouses state under oath that the marriage is irretrievably broken. This means that the issues at hand are beyond repair, and there is no further option but to end the marriage.

The specific details that define an irretrievably broken marriage do not matter to the courts because of Nebraska’s no-fault divorce policy. One spouse does not gain power over the other spouse in a divorce proceeding because of what the other may deem “fault.” Blame does not play a role in the outcome of the settlement. During asset division, however, those nuanced details may play a role in the settlement if joint assets were spent on a third party unknowingly.

What are the grounds for divorce in Nebraska?

Examples of an Irretrievably Broken Marriage

An irretrievably broken marriage is a matter of opinion and cannot be formally defined. However, many common factors include but are not limited to:

  • Adultery
  • Physical Abuse
  • Sexual Abuse
  • Mental or Emotional Abuse
  • Child Abuse
  • Cruelty
  • Desertion
  • Drug or Alcohol Abuse
  • Mental Incapacity
  • Neglect
  • Incompatibility

The Outcome of Your Nebraska Divorce

Your divorce settlement is a document that will outline the terms of your divorce once it has been finalized. It should address aspects including but not limited to:

  • Property Division: Any assets or property accumulated throughout a marriage are considered marital property. Gifts, inheritances, pensions, retirement plans, and annuities are excluded from marital property and remain the property of the spouse to whom they belong. The court works to divide all marital property in a fair manner between each spouse, but not necessarily equal.
  • Child Custody: A parenting plan will outline child support, child custody, parenting time, visitation, or other access as per Nebraska Revised Statute 42-364. Child custody laws regarding parenting time, visitation, etc., do not favor one parent over the other. The terms are decided based on what is in the best interest of the child.
  • Child Support: Child support refers to a legal order to contribute to the ongoing financial responsibilities associated with raising children. The non-custodial or non-residential parent is required to provide assistance following the terms of their specific custody agreement. It is illegal not to follow the rules of the child support agreement. Violators can be held in contempt of court.


Q: What Are the Rules for Divorce in Nebraska?

A: There are several rules for divorce in Nebraska. An Omaha divorce attorney can help you understand and navigate these rules if you have filed or are considering filing for divorce in Nebraska. Because Nebraska is a no-fault divorce state, blame is not a requirement to file. Instead, at least one party can declare that the marriage is beyond repair while under oath. In Nebraska, this is called an irretrievably broken marriage.

Q: What Is the Fastest Way to Get a Divorce in Nebraska?

A: The fastest way to get a divorce in Nebraska is to agree to an uncontested divorce. In this scenario, both spouses agree in writing that the marriage is irretrievably broken. They work together to discuss and agree on the terms of their divorce (including a parenting plan, child custody, child support, property and asset division, spousal support, etc.) without the court’s interference. A judge is able to finalize the divorce in as little as 60 days in these situations.

Q: Is Nebraska a 50-50 State in Divorce?

A: Nebraska is not a 50/50 state in terms of divorce laws. Nebraska follows equitable distribution laws rather than methods that favor an equal 50-50 split. Equitable Distribution refers to Nebraska 42-366, which states that the court will divide the marital property of the estate (property, assets) in a fair and equitable manner. Gifts, inheritances, pensions, retirement plans, and annuities are not included in the marital property.

Q: Is Adultery Grounds for Divorce in Nebraska?

A: Adultery is grounds for divorce if one spouse feels the marriage is now irretrievably broken. Nebraska follows a no-fault divorce policy, meaning proof or blame is not required to legally dissolve a marriage. This means that even if adultery occurred, you don’t have to prove that in order to get a divorce. If at least one of the spouses believes that adultery is an issue beyond repair, then they can file for divorce in Nebraska.

Stange Law Firm: Your Omaha Divorce Attorney

No one makes the decision to end their marriage lightly. Whether you and your spouse constantly fight or it’s clear that your marriage is irretrievably broken, you don’t have to go through the Nebraska divorce process alone.

At Stange Law Firm, our team of devoted family attorneys has aided countless clients through complex and contentious divorces. We understand just how difficult your situation may be and are prepared to offer legal guidance and resources that help you find resolutions. Whether you need help filing for divorce or you need representation during a custody battle, our lawyers are here to help.

Contact Stange Law Firm to schedule a consultation with one of our family lawyers and learn more about our superior services.