When a marriage no longer works, divorce becomes an option for couples to end their union. If you are contemplating divorce in Nebraska, it is important to understand the divorce laws and regulations, the legal process, and the issues involved in a divorce proceeding in the state. Here is an overview of the divorce laws in Nebraska to give you a better understanding of the process.
Grounds for Divorce
In Nebraska, you have the option to file for divorce based on either "fault" or "no-fault" grounds. The most common ground for divorce is known as the "irretrievable breakdown of the marriage." This phrase signifies that there has been a significant breakdown in the marital relationship, and there is simply no possibility of repairing or salvaging the marriage. It is worth noting that the state of Nebraska does not recognize fault-based grounds such as adultery, abandonment, or cruelty as valid reasons for divorce.
Residency Requirements
To file for divorce in Nebraska, it is a requirement for at least one spouse to have established residency in the state for a minimum duration of one year prior to the filing.
Legal Separation
It is important to note that legal separation is available as an alternative to divorce proceedings in Nebraska. This option allows spouses to still remain legally married, while choosing to reside separately. It can be seen as a stepping stone for those couples who are not entirely sure about ending their marriage completely.
Division of Property
In Nebraska, marital property refers to any property acquired by the couple during their marriage, excluding property acquired through gift or inheritance. The state of Nebraska operates under the principle of "equitable distribution," which means that the property will be divided in a manner that is fair, although not necessarily in an equal manner. When determining the fair and equitable distribution of assets, the court takes into consideration various factors such as the duration of the marriage, each spouse’s contribution to the acquisition of property, and the overall value of the property.
Child Custody
When children are involved in a divorce, the well-being and best interests of the child become the most crucial issue that the court must address. Child custody decisions in Nebraska are made by applying the "best interests of the child" standard. The parents have the option to come to an agreement regarding the custody arrangement, or alternatively, the court is responsible for making a decision based on several factors. These factors include the child’s relationship with each parent, how well the child has adjusted to their home and community, as well as the physical and mental health of the parents.
Child Support
Following a divorce in Nebraska, both parents are legally and financially responsible for the proper support and care of their children. Child support in Nebraska is determined based on the guidelines provided by the state, which takes into account factors such as the income of the parents, the number of children involved, and other relevant considerations.
Mediation and Other Alternative Dispute Resolution (ADR) Methods
In Nebraska, there is a strong emphasis on using mediation and other alternative dispute resolution (ADR) methods in family law cases, including divorces. The courts have the authority to require mediation in order to resolve any disputes before scheduling a trial. Mediation is a voluntary process, but it serves as a valuable tool for resolving disputes in a timely and cost-effective manner, allowing parties to avoid a lengthy courtroom battle.
Hiring a Divorce Lawyer
Given the stressful and emotionally charged nature of divorce proceedings, it is highly recommended to consider hiring an experienced divorce attorney to represent your interests. A competent lawyer can provide you with valuable legal advice, help navigate the complexities of the legal system, and ensure that you are well-prepared for your case.
Final Thoughts
Divorce in Nebraska involves a complex and multifaceted process with various legal requirements and considerations. It is imperative to have a thorough understanding of the divorce laws, the legal process, and the key issues that may arise during a divorce. This knowledge will help you to be well-prepared, informed, and equipped with the right legal support for your case. While divorce can undoubtedly be a challenging and emotionally taxing experience, with the guidance and support of a qualified divorce attorney, the process can be smoother and less stressful.