Divorce is difficult. There can be many reasons why people decide to get divorced. Those getting divorced may see divorce requirements from other states and think, “Is Nebraska a no-fault state for divorce?” If you are entering or currently in the divorce process, contacting Omaha, Nebraska, divorce attorneys can help you understand the rules and regulations in the state.

What Is a No-Fault State?

A no-fault state is a state that only requires the breakdown of the marriage or a similar reason as grounds for the divorce. Historically, courts required people to provide specific reasons to end their marriage, such as adultery or abuse. Some states, known as at-fault states, still require such reasons. No-fault states have no requirement to prove a specific type of wrongful behavior as the cause.

While a no-fault divorce does not mean neither party is to blame, the divorce process can be simpler, faster, and more preferred than at-fault divorces.

Is Nebraska a no fault state for divorce?

Explaining the Role of Fault In Nebraska Divorces

Nebraska is a no-fault divorce state. Citing the irretrievable breakdown of the marriage is the only grounds requirement. Individuals do not need to prove specific reasons for marital breakdown, such as adultery, cruelty, or abandonment. This lack of explanation can simplify divorce and reduce potential conflict between parties.

Despite further explanation not contributing to grounds for divorce, divorce reasons can impact aspects such as spousal support. Events like extramarital affairs may affect spousal support if the affair impacts the other spouse’s financial situation. The court may award the other spouse spousal support to help them regain financial independence.

For example, if one spouse stays home to raise children and the other spouse has an affair, court-ordered spousal support can help them re-enter the workforce. This option is especially true for spouses whose work-related skills diminish due to time spent raising children.

In some cases, factors like adultery could affect property division if the other spouse misused funds. However, the spouse claiming their spouse misused funds must provide evidence supporting their claim. Evidence can include bank statements, credit card charges, or other financial documentation.

Benefits of a No-Fault Divorce

Compared to at-fault divorces, no-fault divorces have potential benefits for individuals in Nebraska. These benefits may include:

  • Reduced conflict. Although no divorce is easy, no-fault divorces may minimize animosity between spouses, leading to a smoother process. With children involved, the lack of assigning and describing blame in a courtroom can help maintain an amicable co-parenting environment.
  • Faster and less expensive. Contested at-fault divorces can be slow and expensive because of lengthy court battles determining the reasons for the marriage breakdown. No-fault divorces are generally faster and less costly.
  • Privacy. No-fault divorces allow parties to have a more private process. Marriage details only sometimes become public records, especially in cases that avoid court.

Help With No-Fault Divorces

Even in a no-fault divorce, disagreements can arise about child custody, spousal support, or property division. There are alternatives to solving these issues in a courtroom. Nebraska courts encourage couples to seek alternative dispute resolution methods like mediation or arbitration as a cost-effective way to resolve disagreements. When considering or going through a divorce, it is wise to enlist the help of a divorce attorney to understand your options.

An experienced Nebraska divorce attorney can guide you through the divorce process, advise you on rights, and navigate complex aspects.


Q: Does Adultery Affect Divorce in Nebraska?

A: Adultery does not affect divorce in Nebraska when dealing with grounds for divorce. Nebraska is a no-fault state where the typical grounds for divorce are the irretrievable breakdown of the marriage. While adultery does not affect grounds for divorce, situations arise where adultery impacts spousal support or the division of marital assets.

Q: Who Gets the House in a Divorce in Nebraska?

A: When determining who gets the house in Nebraska, the court uses several factors like:

  • Investment considerations. A court may grant one spouse the house if they bought it with separate funds, paid for renovations, and invested non-financial contributions into it. Situations are rarely this explicit, such as when one spouse invests heavily in the house, and the other spouse invests little.
  • Children’s needs. When children live with one parent in the house, the court will likely grant that parent the home.

Generally, settling who gets the house outside of court is wise.

Q: What Are the Rules for Divorce in Nebraska?

A: The rules for divorce in Nebraska deal with residency, grounds, and agreeability. With residency, you or your spouse must live in Nebraska for at least a year before filing for divorce in the state. The grounds for divorce entail the marriage being irretrievably broken due to Nebraska’s no-fault status.

For agreeability, divorces are either contested or uncontested. Disagreements on property, child custody, and other aspects can lead to court involvement.

Q: How Long Does a Divorce Take in Nebraska?

A: How long a divorce takes in Nebraska depends on the situation. With uncontested divorces, a waiting period of 60 days exists from when you initiate a divorce to when a court can finalize it. Contested divorces are longer, and the timeframe can depend on a variety of factors.

When spouses disagree on aspects like spousal support, child custody, and asset division, the divorce process can be extended. Many times, courts need to make decisions for the parties, and the divorce can take longer than a year.

Helping You Examine Your Options in Nebraska

As a no-fault divorce state, Nebraska can offer advantages such as reduced conflict, faster processing times, and lower costs. However, navigating legal complexities surrounding property division, spousal support, and child custody, if applicable, can still be challenging.

Consulting a knowledgeable Nebraska divorce attorney can ensure a smooth divorce process no matter the reason for your divorce. Protecting your interests and securing a favorable outcome is essential to you and us. Letting our team guide you on your journey and advise you on your rights can help you achieve an amicable resolution with your former spouse.

Our team understands the emotional challenges of divorce. We are committed to helping clients navigate difficult times and seek a better life. Our Nebraska divorce attorney can discuss your circumstances, and together, you can chart a path for your new chapter. Contact Stange Law Firm today to schedule a consultation.