Divorce in Nebraska: Laws, Requirements, and Process
A complete guide to getting a divorce in Nebraska. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 1 year in the state (or the marriage was performed in Nebraska and one spouse has lived there since).
- Waiting period: 60 days from filing.
- Filing fee: $150 - $200.
Grounds for Divorce
Nebraska allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Nebraska is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
1 year in the state (or the marriage was performed in Nebraska and one spouse has lived there since).
Property Division
Nebraska is an equitable distribution state. Nebraska follows equitable distribution. Courts divide marital property fairly, considering the circumstances of the parties, the duration of the marriage, the contributions of each party to the marriage, and the ability of the supported party to engage in gainful employment. Courts generally start with a presumption of equal division.
Alimony / Spousal Support
Nebraska courts may award alimony when reasonable, considering the circumstances of both parties, the duration of the marriage, each spouse's earning capacity, and the ability of the supported party to become self-supporting. Alimony may be rehabilitative or long-term.
Child Custody
Nebraska courts determine custody based on the best interest of the child. Factors include the relationship of the child with each parent, the child's reasonable preference, the general health and well-being of the child, and any credible evidence of abuse or neglect. Nebraska has a parenting plan requirement.
Child Support
Nebraska uses the income shares model. Child support guidelines consider both parents' monthly net incomes, the number of children, health insurance costs, childcare expenses, and the parenting time schedule.
Filing Fee
The filing fee for divorce in Nebraska is $150 - $200. Fee waivers may be available for those who cannot afford to pay.
Nebraska court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Nebraska?
Nebraska is a pure no-fault divorce state. The only ground for dissolution of marriage is the irretrievable breakdown of the marriage. Nebraska does not allow fault-based grounds.
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How long do you have to live in Nebraska to file for divorce?
At least one spouse must have been a resident of Nebraska for at least 1 year prior to filing, or the marriage must have been performed in Nebraska and one spouse must have lived in the state since the marriage.
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How is property divided in a Nebraska divorce?
Nebraska uses equitable distribution and courts generally start with a presumption of equal division. The court considers each party's contributions, the length of the marriage, and the circumstances of both spouses.
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How long does a divorce take in Nebraska?
Nebraska has a 60-day waiting period from the date of filing. Uncontested divorces can be finalized in approximately 2 to 3 months. Contested cases may take 6 months to over a year.