Getting Divorced in Nebraska? Here’s What You Actually Need to Know: A Practical Guide from a Local Attorney
If you’re thinking about divorce in Nebraska—or already knee-deep in Google tabs that aren’t making you feel any better—you’re not alone. The overwhelm is real. But the good news? Divorce in Nebraska doesn’t have to be confusing or chaotic.
As a Nebraska divorce attorney, I’ve helped clients at every stage of the process: the ones who feel like they’re barely holding it together, the ones trying to protect their kids, and the ones just trying to keep it civil and move on. Wherever you’re starting, this guide breaks down what matters most—without legal jargon or pressure.
Nebraska Is a No-Fault Divorce State
Let’s start with the basics: you don’t need to prove anything dramatic to get divorced in Nebraska. It’s a no-fault state, which means you don’t have to show infidelity, abandonment, or misconduct.
All the court requires is that the marriage is “irretrievably broken.” One spouse saying it’s over is enough.
You (or Your Spouse) Must Meet the One-Year Residency Rule
To file for divorce in Nebraska, either you or your spouse must have lived in the state for at least one year. That’s the residency requirement. There are limited exceptions (like for military families), but generally, you need to meet the 12-month rule before the court can move forward.
Have Kids? Your Parenting Plan Is Non-Negotiable
If you share children, you’ll need to submit a parenting plan that covers:
Physical custody (where the child lives)
Legal custody (who makes decisions)
Parenting time and visitation schedules
Communication expectations
Conflict resolution methods
Nebraska courts prioritize the best interests of the child, which includes stability, emotional bonds, co-parenting capacity, and safety. You’ll also be required to complete a parenting education class as part of the process.
Dividing Assets: It’s About “Fair,” Not 50/50
Nebraska uses equitable distribution, not equal distribution. That means:
Assets and debts acquired during the marriage are divided fairly—but not necessarily equally
The court looks at factors like length of the marriage, income, contributions (financial and non-financial), and current needs
Think of it this way: “fair” might mean one person keeps the house, and the other keeps a larger portion of retirement assets. The goal is balance, not symmetry.
Alimony in Nebraska Isn’t Guaranteed
Alimony (also called spousal support) isn’t automatic. The court considers:
How long you were married
Your earning potential
Contributions to the household
Need for financial support during or after the divorce
Support might be short-term, long-term, or not awarded at all. It really depends on your specific situation.
You Might Not Need a Courtroom Battle
Not every divorce needs to be a full-on legal war. In fact, many people resolve their divorce through:
Mediation (working with a neutral third party)
Collaborative divorce (where both parties agree to resolve things without court intervention)
Attorney-led negotiations
These approaches are usually faster, less expensive, and less emotionally draining—especially if you’re trying to co-parent after the divorce.
But You Do Need Legal Advice You Can Trust
Even if things seem amicable, there are blind spots—from how to divide retirement accounts and file QDROs, to tax consequences, to enforcing your parenting plan in real life. A Nebraska divorce lawyer can make sure you’re protected and that your agreement actually works once the ink is dry.
This isn’t about scaring you. It’s about making sure you don’t miss something that could cost you later.
Let’s Make Divorce Less Overwhelming
If you’re navigating divorce in Nebraska—whether you’re ready to file or just trying to understand your options—I’m here to help.
Contact Zachary W. Anderson Law at 402-259-0059 or email zach@zandersonlaw.com to schedule a confidential consultation. No scare tactics. No runaround. Just straight answers and support tailored to your life.