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Nebraska
Divorce Laws
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: (1) one of the spouses must
have been a resident of Nebraska for at least 1 year; or (2) the
marriage was performed in Nebraska and one of the spouses has lived
in Nebraska for the entire marriage. The dissolution of marriage
may be filed for in a county where either spouse resides. There
is a 30-day waiting period after service of the petition for dissolution
of marriage on the respondent before the case can be decided in
court. [Revised Statutes of Nebraska; Chapter 42-342, 42-348, 42-349,
and 42-354].
LEGAL
GROUNDS FOR DISSOLUTION OF MARRIAGE: No-Fault: Irretrievable
breakdown of the marriage. [Revised Statutes of Nebraska; Chapter
42-361]. General: Spouse lacked mental capacity to consent (including
temporary incapacity resulting from drug or alcohol use). [Revised
Statutes of Nebraska; Chapter 42-362].
LEGAL
SEPARATION: Irretrievable breakdown of the marriage is the only
grounds for a legal separation in Nebraska. There are no residency
requirements specified in the statute. If the residency requirements
for dissolution of marriage are met after the petition for legal
separation has been filed, the spouse filing may change the proceeding
to a proceeding for dissolution of marriage. [Revised Statutes of
Nebraska; Chapter 42-350].
SIMPLIFIED
OR SPECIAL DISSOLUTION OF MARRIAGE PROCEDURES: Joint petitions
for dissolution of marriage may be filed by both spouses. In such
cases, the spouses should be referred to as "Co-Petitioners" on
the court documents. In addition, marital settlement agreements
are specifically authorized by law. [Revised Statutes of Nebraska;
Chapter 42-361 and 42-366].
MEDIATION
OR COUNSELING REQUIREMENTS: A dissolution of marriage will not
be granted until every reasonable effort for a reconciliation has
been made. If it appears to the court that there is some reasonable
possibility of reconciliation, dissolution of marriage actions may
be transferred to a conciliation court or the spouses may be referred
to a qualified marriage counselor, family service agency, or other
agency which provides conciliation services. Official conciliation
counselors are available in counties of over 250,000 persons. [Revised
Statutes of Nebraska; Chapter 42-360 and 42-808].
PROPERTY
DISTRIBUTION: Nebraska is an "equitable distribution" jurisdiction.
The spouses retain their separate property acquired prior to the
marriage. All of the spouse's marital property, including any gifts
and inheritances acquired during the marriage, may be divided, based
on a consideration of the following factors: (1) the contribution
of each spouse to the acquisition of the marital property, including
the contribution of each spouse as homemaker; (2) the economic circumstances
of each spouse at the time the division of property is to become
effective; (3) the length of the marriage; and (4) any custodial
provisions for the children. [Revised Statutes of Nebraska; Chapter
42-365].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be ordered to pay reasonable spousal
support, without regard to marital fault, based on a consideration
of the following factors: (1) the circumstances of both spouses;
(2) the duration of the marriage; (3) the contribution of each spouse
to the marriage, including services rendered in homemaking, child
care, education, and career building of the other spouse; (4) any
interruption of personal careers or education; and (5) the ability
of the supported spouse to engage in gainful employment without
interfering with the interests of any minor children in his or her
custody. Reasonable security for the payments may be required. [Revised
Statutes of Nebraska; Chapter 42-365].
CHILD
CUSTODY: Joint or sole custody of children is determined according
to the best interests of the child and based on a consideration
of the following factors: (1) the general health, welfare, and social
behavior of the child; (2) the preference of the child, if the child
is of sufficient age and capacity; (3) the child's relationship
with each parent prior to the filing for dissolution of marriage;
and (4) any credible evidence of child or spousal abuse. No preference
is to be given because of parent's sex. Joint custody may be awarded
if both parents agree. [Revised Statutes of Nebraska; Chapter 42-364].
CHILD
SUPPORT: The amount of child support is determined based on
a consideration of the earning capacity of each parent. There are
official Supreme Court child support guidelines which should be
available from the clerk of the court. [Revised Statutes of Nebraska;
Chapter 42-364].
PREMARITAL
AGREEMENT: The agreement must be in writing and signed by both
parties. The agreement is not enforceable if it is proven that (1)
the agreement was not executed voluntarily; (2) the agreement is
unconscionable in that there was no fair and reasonable disclosure
of the property or financial obligations of the other party, did
not voluntarily waive the right to the disclosure of this information,
did not have adequate knowledge of these obligations; (3) a provision
of the agreement modifies or eliminates alimony and that modification
causes that person to be eligible for public assistance. If the
marriage is determined to be void, the agreement is enforceable
only to the extent necessary to avoid an inequitable result. [Revised
Statutes of Nebraska; Chapter 42, Sections 1003, 1006, and 1007].
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