Nebraska divorce laws

Where and how to file in Nebraska

Who can file (residency)

One spouse must have lived in Nebraska, intending to make it home, for 1 year before filing. Exception: you married in Nebraska and one of you has lived there ever since. Military members stationed in Nebraska for 1 year count as residents.

Waiting period

The case can't be heard and no decree can be entered until 60 days after your spouse is served (or signs a Voluntary Appearance). The decree becomes final 30 days after the judge enters it, but you can't marry someone else until 6 months after it is entered. No separation is required.

Court

District Court in the county where you or your spouse lives

Official forms

Divorce forms (Nebraska courts)

Court self-help

Divorce self-help (Nebraska courts)

Filing fee

$200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra.

If you can't afford the fee

Ask the judge to waive fees with a Request to Proceed Without Payment of Court Fees (Application to Proceed In Forma Pauperis), linked from the court's divorce self-help pages.

Simpler process for agreed cases

No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)). The court's 'Simple Divorce' forms are only for cases without real estate, pensions or alimony.

Law

Neb. Rev. Stat. 42-349 · Neb. Rev. Stat. 42-363, 42-372.01

Divorce in Nebraska, step by step

1. Check that you can file in Nebraska

   One spouse must have lived in Nebraska, intending to make it home, for 1 year before filing.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Nebraska courts) No special short procedure, but 60+ days after service the judge can enter the decree without a hearing if both spouses waive the hearing and certify in writing that the marriage is broken and that they have agreed on everything (Neb. Rev. Stat. 42-361(3)).

3. File the papers and pay the fee, or ask for a waiver

   File with the District Court in the county where you or your spouse lives. Filing fee: $200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra. Can't afford it? Ask the judge to waive fees with a Request to Proceed Without Payment of Court Fees (Application to Proceed In Forma Pauperis), linked from the court's divorce self-help pages.

4. Serve your spouse

   Your spouse can sign a Voluntary Appearance (form DC 6:4.3), or you file a Praecipe for Summons (DC 6:4.4) and the sheriff serves them, or, as a last resort, service by publication.

5. Your spouse responds

   30 days after service (or after the Voluntary Appearance is filed) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   The case can't be heard and no decree can be entered until 60 days after your spouse is served (or signs a Voluntary Appearance).

7. Agree, or go to mediation or a hearing

   If parents have not submitted a parenting plan by the court's deadline, the court must order mediation or specialized alternative dispute resolution (with safety rules for cases with domestic abuse). If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask for your former name in the Complaint (or in your Answer and Counterclaim).

Free tools for Nebraska

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Divorce timeline estimator for Nebraska

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Nebraska

No-fault ground

irretrievable breakdown (the marriage is irretrievably broken)

Fault grounds

Not available: no-fault only

Law

Neb. Rev. Stat. 42-347(3), 42-361

Property and debts in Nebraska

System

Equitable distribution

The rule

The judge divides property in a way that is reasonable, looking at the length of the marriage, each spouse's contributions (including caring for the children and lost career chances) and the circumstances of both of you.

Law

Neb. Rev. Stat. 42-365

Alimony (spousal support) in Nebraska

The judge may order alimony that is reasonable, based on the same factors as property division: circumstances of the parties, length of the marriage, contributions, interrupted careers or education, and whether the person asking can work without hurting the interests of children in their custody. No formula in the statute. Alimony can't be added later if the original decree didn't award any. Neb. Rev. Stat. 42-365.

Children: custody and support in Nebraska

What Nebraska calls custody

legal custody and physical custody under a parenting plan (Nebraska Parenting Act)

Parenting class

Required: the court orders all parties in a Parenting Act case to take a court-approved basic level parenting education course; the court can delay or waive it for good cause (Neb. Rev. Stat. 43-2928). List of approved classes: https://supremecourt.nebraska.gov/programs-services/mediation-restorative-justice/parenting-education-classes

Child support calculator

Official child support calculator or guidelines

Child support agency

Nebraska DHHS Child Support Enforcement

Serving your spouse in Nebraska

How your spouse gets the papers

Your spouse can sign a Voluntary Appearance (form DC 6:4.3), or you file a Praecipe for Summons (DC 6:4.4) and the sheriff serves them, or, as a last resort, service by publication. You must serve your spouse or file the Voluntary Appearance within 6 months of filing or the case is dismissed.

Time to respond

30 days after service (or after the Voluntary Appearance is filed)

Law

Nebraska Judicial Branch, Simple Divorce self-help pages

Going back to a former name in Nebraska

Yes. Ask for your former name in the Complaint (or in your Answer and Counterclaim). The court must grant it unless there is good cause not to; having a different last name from your child is not enough. Neb. Rev. Stat. 42-380.

Mediation in Nebraska

If parents have not submitted a parenting plan by the court's deadline, the court must order mediation or specialized alternative dispute resolution (with safety rules for cases with domestic abuse). The judge can waive it only for good cause after a hearing. (Neb. Rev. Stat. 43-2937(3)-(4).) $50 of the filing fee is a mediation fee.

Free help in Nebraska

• Nebraska Judicial Branch Self-Help (divorce pages)
• Legal Aid of Nebraska (free automated family law forms)

Good to know in Nebraska

• You can't remarry (someone other than your ex) until 6 months after the decree is entered. (Neb. Rev. Stat. 42-372.01)
• The 60-day wait is jurisdictional: a decree based on a hearing held before day 60 is void. (Neb. Rev. Stat. 42-363 annotation, Wymore v. Wymore)
• Both parents must complete a parenting education course. (Neb. Rev. Stat. 43-2928)

Divorce checklist for Nebraska

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Questions about divorce in Nebraska

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