Nebraska Family Laws

At least one spouse must have been a bona fide resident of Nebraska for at least 1 year before filing, OR the marriage was solemnized in Nebraska and either party has resided there continuously since the marriage.

60-day waiting period after service of the petition before the divorce can be finalized.

In any case involving children, both parties must file a proposed parenting plan addressing legal custody, physical custody, parenting time, transportation, and decision-making.

Nebraska divides marital property equitably (not necessarily equally). The court considers: circumstances of the parties, duration of the marriage, history of contributions to the marriage (including homemaker contributions), and the ability of the supported party to engage in gainful employment. Marital misconduct is not a factor. Courts typically award one-third to one-half of the marital estate to each party.

Courts may award alimony based on: circumstances of the parties, marriage duration, history of contributions, ability to engage in gainful employment, income and earning capacity of each party, and general equities. Alimony is typically rehabilitative (temporary); permanent alimony is rare. No statutory formula — entirely at the court's discretion.

Custody is determined by the best interest of the child. Factors include: the relationship with each parent, the child's desires (if of sufficient age), general health and welfare of the child, each parent's fitness, the effect of disrupting existing relationships, parent's attitudes and stability, capacity to provide care and education, and credible evidence of abuse. Joint legal and/or physical custody is available when parents agree and it serves the child's best interests.

Nebraska uses income-shares model guidelines established by the Supreme Court. Both parents' incomes are combined to determine the total support obligation, then allocated proportionally based on each parent's share of combined income. Adjustments for healthcare costs, childcare, and extraordinary expenses. Guidelines are reviewed and updated periodically.

Victims of domestic abuse may petition for protection orders. Covers spouses, former spouses, persons who have resided together, persons with a child in common, persons related by blood or marriage, and dating partners. Orders are valid for 1 year and can require the abuser to leave the home, stay away from the victim, and award temporary custody.