Best Divorce & Separation Lawyers in Nebraska

About Divorce & Separation Law in Nebraska, United States

Divorce and separation law in Nebraska governs the legal process of ending a marriage and dividing a couple's property, finances, and parental responsibilities. Nebraska is a no-fault divorce state, which means that either spouse can file for divorce without proving wrongdoing by the other party. This area of law also covers legal separations, which allow couples to live apart and resolve similar issues as divorce, without officially ending the marriage. The court works to ensure a fair outcome regarding child custody, child support, alimony, and property division.

Why You May Need a Lawyer

Going through a divorce or separation can be emotionally and financially challenging. Legal advice is often crucial in the following situations:

• Disputes over child custody or visitation rights
• High-value or complex property and asset division
• Concerns about spousal support or alimony
• Cases involving allegations of domestic violence or abuse
• Ensuring that all paperwork is correctly filed and court procedures are properly followed
• Disagreements regarding debt responsibility
• Need for mediation or negotiation with your spouse
• Protection of individual rights and interests during the process

A lawyer with experience in Nebraska divorce law can offer advice, negotiate on your behalf, and represent you throughout the divorce or separation process.

Local Laws Overview

Nebraska divorce law contains several important rules for those seeking separation or divorce:

• Residency Requirement: At least one spouse must have lived in Nebraska for at least one year before filing for divorce.
• No-Fault Divorce: The most common ground for divorce is that the marriage is "irretrievably broken."
• Property Division: Nebraska is an "equitable distribution" state, meaning marital property is divided fairly, but not always equally.
• Child Custody and Support: The court prioritizes the best interests of the child when awarding custody and determines child support using statewide guidelines.
• Alimony/Spousal Support: The court can award alimony based on several factors, including the length of the marriage, the contributions of each spouse, and each party's ability to support themselves.
• Legal Separation: Nebraska allows for legal separation, which does not end the marriage but does address property, custody, and support issues.
• Mandatory Waiting Period: A divorce cannot be finalized until at least 60 days after the petition is served on the other spouse.

Frequently Asked Questions

What are the residency requirements to file for divorce in Nebraska?

You or your spouse must have lived in Nebraska for at least one year before filing for divorce.

Do I need to prove fault to get a divorce?

No, Nebraska is a no-fault state. You do not need to prove that your spouse did anything wrong.

What is the difference between legal separation and divorce?

Legal separation allows spouses to live apart and address issues like property division and child custody, but they remain legally married. Divorce ends the marriage.

How is property divided in a divorce?

The court divides marital property equitably, which means fairly but not necessarily equally, considering factors like contributions and needs.

How does the court decide child custody?

The court decides based on the best interests of the child, evaluating factors such as the relationship with each parent, the child's needs, and the ability of each parent to provide care.

What factors affect alimony awards?

The court considers the length of the marriage, the standard of living established during the marriage, each party's income and earning capacity, and contributions to the household.

How long does the divorce process take?

There is a mandatory 60-day waiting period after serving divorce papers. The total length depends on the complexity of the case and whether the parties agree on all issues.

Can we use mediation in a Nebraska divorce?

Yes, mediation is encouraged for resolving disputes, especially in cases involving child custody and parenting plans.

What if my spouse does not want a divorce?

You can still obtain a divorce if you demonstrate the marriage is irretrievably broken, even if your spouse disagrees.

Do I need a lawyer to file for divorce?

While it is possible to file for divorce without a lawyer, legal help is recommended, especially if there are disputes or complex issues involved.

Additional Resources

• Nebraska Judicial Branch - Provides court forms, instructions, and information on self-representation
• Nebraska Legal Aid - Offers free or low-cost legal assistance to eligible individuals
• Nebraska State Bar Association - Connects the public with qualified family law attorneys
• District Courts in your county - Where divorce and separation cases are filed and heard
• Local mediation centers - For help with resolving disputes outside of court
• Parenting education providers - Some counties require divorce education for parents with minor children

Next Steps

If you are considering divorce or separation in Nebraska, start by gathering important documents, such as financial records and information about children and property. Consider contacting an experienced family law attorney to discuss your options and learn about your rights. Many attorneys offer initial consultations to help you understand your situation. If you cannot afford an attorney, explore local legal aid organizations for assistance. Always make sure you understand the legal process and requirements before taking any action. Proper preparation and professional guidance can help you protect your interests and move forward in the best manner possible.