Should You Contest a Divorce in Nebraska? Here’s What You Need to Know.

If you’re navigating a divorce in Nebraska and asking yourself, “Should I contest this?”—you’re not alone. As a Nebraska divorce attorney, I hear this question often. And it makes sense: divorce is personal, emotional, and legally complex. When something feels unfair or unsafe, you want to know your options.

Contested divorces in Nebraska happen when spouses can’t agree on key issues like parenting time, custody, alimony, or dividing property. Some disagreements can be resolved with compromise. Others might call for stronger legal intervention—especially when your financial future or children’s wellbeing is on the line.

Here’s how to know when contesting a divorce is worth it—and when other paths might serve you better.

What Is a Contested Divorce in Nebraska?

A contested divorce means that you and your spouse disagree on at least one significant issue in the divorce process. That could include:

• Child custody or parenting time

• Division of marital property or debt

• Spousal support (alimony)

• Valuation or ownership of specific assets

• Who gets to keep the family home

When these disagreements can’t be resolved through negotiation or mediation, they may move to court. A judge will then decide the outcome based on Nebraska divorce law.

When Should You Contest a Divorce in Nebraska?

Contesting a divorce isn’t just a legal strategy—it’s a personal and financial decision. Here are common reasons why a contested divorce might be necessary:

1. You’re Being Offered an Unfair Settlement

Nebraska follows equitable distribution, which means assets and debts are divided based on fairness—not a strict 50/50 split. If your spouse is trying to walk away with more than their share, contesting the divorce gives you the opportunity to challenge that and push for transparency through the discovery process.

2. There Are Child Custody Concerns

In Nebraska, custody decisions are made based on the best interests of the child. If your spouse’s proposed custody arrangement feels unsafe, unstable, or damaging to your child’s wellbeing, contesting the divorce may be necessary to protect your parenting rights and your child’s stability.

3. You’ve Experienced Abuse or Coercive Control

Whether emotional, financial, or physical, any form of abuse changes the landscape of divorce. In these cases, informal negotiation or mediation may not be safe or realistic. The court process can offer structured protection and clear legal orders.

4. Your Spouse Refuses to Cooperate

Sometimes one spouse delays, stonewalls, or refuses to negotiate. If your ex is making the process harder than it needs to be, contesting may be the only way to move forward.

Downsides of a Contested Divorce in Nebraska

1. It Can Be Costly

Contested divorces typically involve higher attorney’s fees, court filings, and potential expert witnesses. Legal costs can grow quickly, especially if multiple hearings or a trial are involved.

2. It Takes Time

Uncontested divorces in Nebraska can finalize in a matter of months. Contested divorces? They may take a year or more, depending on court schedules and complexity.

3. It’s Emotionally Draining

Litigation can deepen conflict, especially if children are involved. And when a judge makes the final call, you lose control of the outcome.

That’s why it’s worth considering alternatives if they’re available.

Alternatives to Contested Divorce in Nebraska

If full litigation doesn’t feel like the right fit, Nebraska law supports other resolution methods:

Mediation

You and your spouse work with a neutral mediator to find common ground. It’s confidential, less formal, and often faster and more cost-effective than trial.

Collaborative Divorce

Each party has a lawyer, but everyone commits to staying out of court. Professionals like financial advisors or parenting specialists may assist to reach a sustainable agreement.

Attorney-Guided Negotiation

You each have legal support, but the focus stays on resolving disputes through letters, phone calls, or structured meetings—without a judge.

Should You Contest Your Divorce? Key Questions to Ask

• Are financial or custody issues significant enough to justify the cost and time of litigation?

• Has your spouse been dishonest, controlling, or completely unwilling to compromise?

• Are there patterns of abuse or safety concerns that make informal discussions unsafe?

• Do you feel confident that litigation will help protect your children or your long-term financial future?

If you answered yes to any of those, a contested divorce might be your best option. But if the issues are relatively minor—or your spouse is open to negotiation—it might be possible to resolve things outside the courtroom.

Final Thoughts: Know What You’re Fighting For

Contesting a divorce in Nebraska isn’t about “making things harder.” It’s about standing up for what matters—especially when safety, fairness, or your children are involved. That said, litigation should be a strategic decision, not a reaction. The goal is to walk away with clarity, security, and a plan for your next chapter.

If you’re at that crossroads, I’m here to help. We can talk about your priorities, the dynamics at play, and the legal options that actually serve your future—not just your frustration. Contact me at 402-259-0059 or zach@zandersonlaw.com to schedule a conversation.

FAQ: Nebraska Contested Divorce

What is a contested divorce in Nebraska?

A contested divorce occurs when spouses can’t agree on one or more key issues like custody, property division, or alimony. It often requires litigation and court involvement.

How long does a contested divorce take in Nebraska?

It depends on the complexity and court schedule, but many contested divorces take 9–18 months or longer, especially if trial is involved.

Is Nebraska a 50/50 divorce state?

No. Nebraska follows equitable distribution, which means property is divided fairly—not necessarily equally.

Can we still go to mediation if we disagree on some things?

Yes. Mediation is often used even in partially contested cases and can help resolve certain issues without full litigation.

What if my spouse is abusive?

You may be eligible for protection orders, and a court can tailor custody and financial arrangements to prioritize your safety. Litigation may provide structure and legal boundaries not possible through informal talks.

Can a Nebraska judge make decisions if we can’t agree?

Yes. If you can’t reach an agreement, a judge will decide the outcome at trial based on the law and evidence presented.