Divorce Guide to Nebraska

Divorce Guide to Nebraska

A woman's guide to getting a divorce in Nebraska

Posted to Resources by First Wives World on Sun, 01/09/2011 - 8:46am

NEBRASKA DIVORCE LAWS:

The Residency Requirement: One of the spouses must have been a resident for at least one year, or the marriage must have been performed in Nebraska and one of the spouses lived in Nebraska for the entire marriage.

Grounds: No Fault: The irretrievable breakdown of the marriage. Fault: Evidence indicating mentally illness and the inability to consent to a dissolution of marriage, including temporary incapacity caused by alcohol and drug abuse.

Property Division: Nebraska is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on five factors. 

Child custody and support: Any action involving child custody or visitation in Nebraska requires the parents to complete a parenting education course prior to the final judgment. In determining with which parent the child shall remain, the court shall consider “the best interests of the children,” which include:

• The relationship of the child to each parent
• The desires and wishes of the child
• The general health, welfare, and social behavior of the child
• Credible evidence of any abuse in the household. Joint custody may be awarded when both parents agree.

The Nebraska child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

For a combined adjusted gross monthly income of:

• $2,000, support for one child is $507; for two children, $723; for three children, $830.
• $5,000, support for one child is $1,034; for two children, $1,515; for three children, $1,748.
• $10,000, support for one child is $1,654; for two children, $2,326; for three children, $2,645.

(click the following for an expert's overview and list of articles on child custody and child support).

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.