Nebraska Divorce Attorney
In Nebraska, the divorce process begins when one member of a marriage files a petition for the dissolution of marriage. The State of Nebraska allows for both fault and no-fault based divorces. Incompatibility is typically the basis for a no-fault divorce. If a spouse chooses to file for a fault-based divorce, he or she can do so based on the following circumstances: abandonment of at least one year by the other spouse, impotency, adultery, habitual drunkenness, or if the wife becomes pregnant by another man.
Residency Requirements in Nebraska Divorces
There are residency requirements in order to file for divorce in Nebraska. One of the divorcing spouses must have been a resident of the state for at least six months before a divorce can be filed. Additionally, the divorce must be filed in the county in which either of the spouses has lived for at least 30 days.
Common Issues in Divorce
Common issues that spouses must reach an agreement on include alimony, property division, child custody and child support. Spouses can either reach an agreement on these issues on their own, through a mediator or they can go to court and let a judge decide.
The State of Nebraska follows an equitable distribution model when it comes to the division of property in a divorce. This means that the court will divide marital property equitably between each spouse, instead of exactly in half. Property division applies only to marital property. Any property earned or acquired before the marriage, or through gift or inheritance, is considered separate property and will remain with the spouse to whom it belongs. If there is a prenuptial agreement, the court will look to that contract first when determining property division.
A judge can order alimony for either spouse. Alimony can come in the form of a money judgment, or real or personal property. Alimony can be paid out in monthly installments or in a single lump sum. Should the paying spouse die, or the receiving spouse remarry, the alimony payments will end.
If a divorce involves minor children, spouses must wait at least three months from the day that the divorce was first filed before the divorce can be finalized. The waiting period can be waived by a judge if one spouse can show good cause or if both spouses agree. Child custody will be based on that a judge feels is in the best interests of the children involved, and will not base custody on gender.
Child support awards in Nebraska are calculated based on the combined gross monthly income of both parents, as well as the number of children who need support. The state’s child support schedule covers up to $15,000 in combined gross monthly income and a maximum of six children. If these numbers are exceeded, the court can determine the amount of support it feels is appropriate.
After a divorce is finalized, there is a mandatory six month waiting period before either of the former spouses can get married again. However, the couple may marry each other again without waiting for the six months to pass, or a surviving spouse may remarry someone else if the other spouse dies before the six-month period has ended.