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 in it), you probably have about 47 tabs open right now and none of them are actually helping you feel less overwhelmed or less anxious about your future. The good news? It doesn’t have to be this confusing. As a Nebraska divorce attorney, I’ve walked plenty of clients through this process—and I promise it’s possible to move forward with clarity, confidence, and fewer headaches.

This isn’t a checklist of what to bring to court or a cold list of legal jargon. It’s a plain-English guide to what matters most when you’re getting divorced in Nebraska, especially if you’re trying to protect your kids, your sanity, and your future.

Nebraska is a “No-Fault” Divorce State

First things first: You don’t need fault grounds to get divorced here. Nebraska is a no-fault divorce state, which means you don’t have to prove adultery, abandonment, or anything dramatic to file. All the court needs is that the marriage is “irretrievably broken.” One person saying it’s over is enough.

Residency Matters: The One-Year Rule

You (or your spouse) have to live in Nebraska for at least a year. This is the residency requirement, and it has to be met before a court will grant a divorce. There are some exceptions for military families, but generally, someone has to have been living in Nebraska for at least 12 months before filing.

Kids? Your Parenting Plan is Key.

If you have children together, you’ll need to submit a parenting plan that addresses physical and legal custody, visitation schedules, communication expectations, and how you’ll handle disputes down the line. You’ll also likely be required to complete a parenting education class. The court’s standard is always “best interests of the child,” which means they’ll focus on factors like the child’s stability, safety, emotional ties to each parent, and your ability to work together effectively for their well-being.

Dividing Your Stuff: “Fair” vs. “Equal”

Dividing your stuff isn’t always 50/50—but it has to be fair. Nebraska follows equitable distribution, not equal. That means the court looks at all marital assets and debts (everything acquired during the marriage, from your home and retirement accounts to vehicles and credit card debt) and considers various factors like how long you were married, each person’s financial and non-financial contributions to the household, and their economic circumstances. The goal is a division that’s considered fair, not necessarily an even split.

Alimony (Spousal Support)? Not Automatic.

Alimony isn’t automatic. In Nebraska, the court considers things like the length of the marriage, each person’s actual earning capacity, their education and training, and contributions to the household. The purpose of alimony is generally to provide support to a party to maintain their standard of living or help them become self-sufficient. It might be awarded temporarily, long-term, or not at all, depending on the circumstances.

You Don’t Have to Go to War: Explore Your Options.

Divorce doesn’t always mean a courtroom showdown. Mediation, collaborative divorce, or simply negotiating through attorneys can save significant time, money, and emotional bandwidth. These alternative dispute resolution methods often lead to more tailored solutions and can help preserve your ability to co-parent effectively after the divorce.

You DO Need Solid Legal Advice.

Even the most “amicable” divorces have blind spots. Whether it’s protecting your financial future, navigating complex retirement account divisions (like QDROs), understanding potential tax implications, or making sure your parenting plan actually works in practice, having someone who knows Nebraska family law inside and out can make all the difference. Don’t risk costly mistakes by trying to navigate it alone.

If you’re ready to take the next step, or just need someone to talk through your options and understand what your Nebraska divorce might look like, I’m here. No pressure, no scare tactics—just straight answers and support that fits your life.

Contact me to set up a consultation at 402-259-0059 or zach@zandersonlaw.com and get the clarity and confidence you deserve.