Nebraska
Nebraska Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 4 primary sources cited on this page. How we verify our legal content
Nebraska grants a divorce when the marriage is irretrievably broken, which is the only recognized ground under state law. At least one spouse must have lived in Nebraska for one year before filing, and a 60-day waiting period applies after service before the court may hear the case. No prior separation is required.
Grounds for divorce in Nebraska
Nebraska is a no-fault-only state. Irretrievable breakdown of the marriage is the sole ground, codified at Neb. Rev. Stat. 42-361. There are no fault-based grounds such as adultery, cruelty, or desertion available under Nebraska law. This means a spouse cannot block a divorce by denying wrongdoing; the court simply determines whether the marriage is irretrievably broken.
To establish irretrievable breakdown, at least one spouse must testify or affirm that the marriage cannot be saved. If both spouses agree, the case typically proceeds as an uncontested dissolution. If one spouse denies that the marriage is irretrievably broken, the court may order a 60-day conciliation period before proceeding, but the petitioning spouse can ultimately obtain a divorce even without the other's consent.
Because Nebraska eliminated all fault grounds, misconduct generally does not affect whether you can obtain a divorce. However, conduct may still be relevant to related matters such as property division or custody in specific circumstances.
Residency requirement
To file for divorce in Nebraska, at least one spouse must be an actual resident of Nebraska with the intent to remain, and that residency must have continued for one year before the petition is filed. This is found at Neb. Rev. Stat. 42-349. Alternatively, if the parties were married in Nebraska and one spouse has continued to reside in the state since the marriage, that spouse may also satisfy the residency requirement.
Divorce petitions are filed in the District Court of the county where either spouse currently lives. Nebraska has 93 counties, each with its own District Court. For residents of Omaha, that is the Douglas County District Court; for Lincoln, it is the Lancaster County District Court.
If neither spouse currently meets the one-year residency requirement, you must wait until that threshold is reached before filing in Nebraska. There is no exception based on where the marriage took place unless the married-in-Nebraska condition is met.
Waiting period and separation
Nebraska imposes a waiting period, not a separation requirement. These are different, and it is important to understand the distinction.
The waiting period is a 60-day cooling-off clock that starts running after the respondent spouse has been properly served with the divorce papers. Under Neb. Rev. Stat. 42-363, the court cannot hear the case or issue a decree until those 60 days have elapsed. Crucially, this waiting period is jurisdictional, meaning neither the parties nor the judge can waive or shorten it.
There is no separation requirement in Nebraska. You do not need to live apart from your spouse before filing, during the waiting period, or at any other point in the process. Spouses may continue to share a residence throughout the divorce proceeding. The only clock that matters is the 60 days after service.
In practice, an uncontested Nebraska divorce where both parties cooperate, exchange disclosures promptly, and reach a settlement agreement can be finalized in approximately two to four months from the date the petition is filed.
How property is divided
Nebraska is an equitable distribution state. When a marriage ends, the court divides marital property in a manner that is fair and just under the circumstances, which may or may not be an equal split.
Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, meaning assets owned before the marriage or received during the marriage as a gift or inheritance, is typically excluded from division, as long as it has been kept separate and not commingled with marital assets.
Nebraska courts weigh a range of factors when dividing property equitably, including the length of the marriage, each spouse's contribution to acquiring and maintaining marital assets, each spouse's economic circumstances, and the tax consequences of any proposed division. Nebraska is not a community property state, so there is no presumption that each spouse automatically receives 50 percent.
Alimony, custody, and child support
Nebraska courts can order alimony (called spousal support) as part of the divorce decree. The court considers factors such as the duration of the marriage, each party's earning capacity, contributions to the household, and the standard of living established during the marriage. For a full breakdown of Nebraska's spousal support rules, see the Nebraska alimony laws page.
If the divorcing spouses have minor children, the court will also determine child custody and a parenting plan. Nebraska courts distinguish between legal custody (decision-making authority) and physical custody (where the child lives). The guiding standard is the best interests of the child. For more, see the Nebraska child custody laws page.
Child support is calculated under Nebraska's guidelines, which use both parents' incomes and parenting time to determine the monthly obligation. These matters are decided as part of the divorce or in a separate proceeding. Estimate the monthly obligation with our Nebraska child support calculator.
How to file for divorce in Nebraska
The process for filing a divorce in Nebraska follows these general steps. First, confirm that at least one spouse has met the one-year residency requirement. Second, prepare and file a Complaint for Dissolution of Marriage in the District Court of the county where you or your spouse resides. You will pay a filing fee at the time of filing; fees vary by county.
Third, serve your spouse with the complaint and a summons. Service must be completed properly (personal service, acceptance of service, or publication in limited circumstances) because the 60-day waiting period does not begin until service is perfected. Fourth, your spouse has a set period to file an Answer or a voluntary appearance.
Fifth, both parties must exchange financial disclosures, including income, assets, debts, and expenses. If you have minor children, a parenting plan must be submitted. Sixth, if the divorce is uncontested, a written settlement agreement covering property, debts, alimony, custody, and support is presented to the judge. Seventh, after the 60-day waiting period has passed and all matters are resolved, the court issues a Decree of Dissolution of Marriage.
If the divorce is contested, the case proceeds through pretrial conferences, mediation (often required), and ultimately a trial if no settlement is reached. Contested divorces typically take considerably longer than 60 days.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Nebraska.
Related: Divorce Laws by State (hub) | Nebraska Alimony Laws | Nebraska Child Custody Laws
More Nebraska Laws
Frequently Asked Questions
How long does it take to get a divorce in Nebraska?
At minimum, a Nebraska divorce takes about 60 days because of the mandatory waiting period after service (Neb. Rev. Stat. 42-363). An uncontested divorce where both spouses agree on all terms typically resolves in two to four months. A contested divorce can take a year or more depending on the complexity of the issues.
How much does a divorce cost in Nebraska?
Filing fees vary by county but generally range from around $100 to $200 for the initial petition. If your spouse must be served by a process server, that adds additional cost. Attorney fees depend on whether the divorce is contested; an uncontested divorce handled with legal assistance is far less expensive than a trial. Nebraska does offer self-help resources through the court system for those who qualify.
Do I need a reason to divorce in Nebraska?
No. Nebraska is a no-fault-only state, meaning you only need to state that the marriage is irretrievably broken (Neb. Rev. Stat. 42-361). You do not need to prove fault, misconduct, or any specific event. One spouse's desire to end the marriage is sufficient to proceed.
Is Nebraska a community property state?
No. Nebraska is an equitable distribution state. Marital property is divided fairly based on the circumstances, not automatically split 50/50. Only nine states use community property (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin); Nebraska is not among them.
How long do I have to be separated to divorce in Nebraska?
Nebraska has no separation requirement. You do not need to live apart from your spouse at any point before or during the divorce process. The only time-related rule is the 60-day waiting period that begins once your spouse is properly served with the divorce papers.
Can I get divorced without my spouse agreeing in Nebraska?
Yes. Because Nebraska uses a no-fault standard, one spouse's refusal to agree does not prevent a divorce. If the petitioning spouse establishes that the marriage is irretrievably broken, the court can grant the dissolution. The court may order a brief conciliation period if the responding spouse contests the breakdown, but the divorce can ultimately proceed.
Do I have to live in Nebraska to file for divorce there?
Yes. At least one spouse must have been an actual Nebraska resident with intent to remain for one year before filing, under Neb. Rev. Stat. 42-349. An exception applies if the parties were married in Nebraska and one spouse has resided there continuously since the marriage. If neither spouse qualifies, you must wait until the residency requirement is met.
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 42: HOUSEHOLDS AND FAMILIES
§ 42-349Dissolution; action; conditionsIn force
No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint. Persons serving in the armed forces of the United States who have been continuously stationed at any military base or installation in this state for one year or, if the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint shall for the purposes of sections 42-347 to 42-381 be deemed residents of this state.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 10 court opinionsMost recently applied by a court: 2022
Leading cases:
- Catlett v. Catlett (Nebraska Court of Appeals 2015)“…ision. 5. Divorce: Actions: Domicile: Intent. Pursuant to Neb. Rev. Stat. § 42-349 (Reissue 2008), in order to maintain an…”
- Huffman v. Huffman (Nebraska Supreme Court 1989, 232 Neb. 742)“…east 1 year before the dissolution petition was filed. See Neb. Rev. Stat. § 42-349 (Reissue 1988) (dissolution; action; c…”
- Rozsnyai v. Svacek (Nebraska Supreme Court 2006, 272 Neb. 567)“…Storz, 235 Neb. 368 , 455 N.W.2d 182 (1990). Neb. Rev. Stat. § 42-349 (Reissue 2004) provides that in order…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-361Marriage irretrievably broken; findings; decree issued without hearing; whenIn force
(1) If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. (2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 9 court opinionsMost recently applied by a court: 2020
Leading cases:
- Else v. Else (Nebraska Supreme Court 1985, 219 Neb. 878)“…d only find that a marriage is “irretrievably broken.” See Neb. Rev. Stat. § 42-361 (Reissue 1984). In this *881…”
- Dycus v. Dycus (Nebraska Supreme Court 2020, 949 N.W.2d 357)“…decree, the defendant chal- lenges the constitutionality of Neb. Rev. Stat. § 42-361 (Reissue 2016), through which in 1972 t…”
- Wagner v. Wagner (Nebraska Supreme Court 2008, 275 Neb. 693)“…[4] See Neb.Rev.Stat. § 42-349 (Reissue 2004). [5] See Neb.Rev.Stat. § 42-361 (Reissue 2004). [6] See Wagner, s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-363Waiting periodIn force
No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 6 court opinionsMost recently applied by a court: 2025
Leading cases:
- Neujahr v. Neujahr (Nebraska Supreme Court 1986, 223 Neb. 722)“…ourt review the decree within 6 months after it is entered, Neb.Rev.Stat. § 42-363 (Reissue 1984), the decree becomes fina…”
- Novak v. Novak (Nebraska Court of Appeals 1993, 2 Neb. Ct. App. 21)“…ppeal, does not become final for 6 months after its entry. Neb. Rev. Stat. § 42-363 (Cum. Supp. 1992). There was no direct…”
- Wymore v. Wymore (Nebraska Supreme Court 1992, 239 Neb. 940)“…e trial court’s lack of jurisdiction to enter them. Neb. Rev. Stat. § 42-363 (Reissue 1988) provides in part that “…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Neb. Rev. Stat. 42-361 (grounds for dissolution of marriage)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-349 (residency requirement)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-363 (waiting period)(nebraskalegislature.gov).gov
- Nebraska Judicial Branch self-help resources(supremecourt.nebraska.gov).gov