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

If you’re going through a divorce in Nebraska and asking yourself, “Should I contest this?”—you’re not alone. As a Nebraska divorce lawyer, I hear this question a lot. And it’s a fair one.

A contested divorce in Nebraska happens when you and your spouse can’t agree on one or more key issues—like property division, parenting time, custody, alimony, or even who keeps the house. Some disagreements are minor and can be worked through. Others feel so big or one-sided that compromise just doesn’t feel possible—or safe.

So how do you know if it’s worth contesting your divorce? The truth is, this isn’t just a legal question. It’s a personal one, with legal, financial, and emotional weight. That’s why it helps to pause, ask the right questions, and understand both what’s at stake—and what your options are.

When a Contested Divorce Might Be Worth It

A contested divorce might be necessary in situations where giving in or “just getting it over with” could do long-term damage.

1. The agreement feels unfair.

If your spouse is pushing for an outcome that doesn’t reflect the reality of your marriage—say, claiming more than their fair share of the marital property or trying to walk away from support obligations—contesting gives you a way to challenge that. Nebraska is an equitable distribution state. That means the court looks at what’s fair, not necessarily what’s equal. If your spouse is hiding assets or refusing to disclose financials, the discovery process in a contested divorce can help bring that to light.

2. There are serious child custody concerns.

When it comes to parenting time, Nebraska courts focus on the best interests of the child—which includes things like each parent’s ability to provide care, the child’s adjustment to home and school, any history of abuse, and sometimes the child’s own wishes (depending on age and maturity). If your co-parent’s proposal feels unsafe, unrealistic, or like it would disrupt your child’s life, it might be worth contesting to make sure their needs are truly prioritized.

3. There’s a history of abuse or coercive control.

Whether it’s physical, emotional, financial, or a combination of all three—abuse and manipulation complicate everything. In those situations, mediation or informal negotiation isn’t always realistic or safe. Going through the court process may offer the protection and structure you need to separate with clarity.

4. One party just won’t negotiate.

Sometimes, no matter how hard you try, the other person is just being difficult. If your spouse is acting out of spite, refusing to compromise, or intentionally dragging things out, contesting might be the only way to move forward.

The Flip Side: What It Can Cost You

Contesting a divorce has real downsides—starting with time and money. Litigated divorces often take months or even years, depending on complexity and court schedules. You’ll likely need to attend multiple hearings, produce documentation, respond to legal filings, and possibly hire expert witnesses.

It’s also emotionally exhausting. When you’re already grieving the end of a marriage, diving into a court battle can feel like pouring salt in the wound—especially when kids are involved. And at the end of the day, a judge who doesn’t know you or your family is the one making the decisions. That can feel like a gamble, even with a strong legal case.

Alternatives to Litigation in Nebraska

If full-scale litigation doesn’t feel right, there are other ways to reach an agreement:

Mediation is often a good starting point. It’s confidential, less formal, and usually faster and less expensive than trial. You and your spouse work with a neutral mediator to find common ground—even if it doesn’t feel like you have much of it.

Collaborative divorce is another option. Each of you has an attorney, but everyone commits to resolving the case outside of court. This process may also include financial or parenting professionals who help shape solutions that feel fair and sustainable.

Attorney-guided negotiation allows both parties to stay out of the courtroom while still having strong legal support and advocacy. This is how many cases are resolved.

So… Should You Contest Your Divorce?

Ask yourself:

• Are the financial or parenting issues big enough to justify the time, stress, and expense?

• Is your spouse being completely unreasonable or unwilling to compromise?

• Have there been patterns of control, abuse, or dishonesty that make informal negotiation feel unsafe?

• Is protecting your children—or your financial future—worth the fight?

If you’re answering “yes” to some of those questions, contesting may be the best path forward. But if the issues are smaller—or you think your spouse might engage in good-faith negotiation—another route could save you a lot of time and money.

Bottom Line

Contesting a divorce in Nebraska can be the right move—but it’s rarely the easy one. There are times when it’s absolutely necessary. There are also times when it just adds fuel to the fire. The key is knowing the difference—and not making that decision in a vacuum.

If you’re at that crossroads and feeling unsure, I’m here to help. We can talk through your goals, your priorities, and what you want your post-divorce life to actually look like—and then figure out the best way to get there. Contact me at 402-259-0059 or zach@zandersonlaw.com.