Divorce in Nebraska: Laws, Process, and What You Need to Know (2026)

Q: How long does a divorce take in Nebraska?

Nebraska requires a mandatory 60-day waiting period after the divorce petition is filed before a divorce can be finalized. An uncontested divorce where both spouses agree on all terms can often be completed within two to three months. Contested divorces involving disputes over property, custody, or support can take six months to over a year, depending on the complexity of the issues and court schedules.

Q: Can I get alimony in Nebraska?

Yes, alimony spousal support is available in Nebraska. Courts consider the circumstances of both parties, the duration of the marriage, each spouse's contributions, ability to work, and education or training needs. Nebraska courts generally prefer rehabilitative alimony, which is designed to help the lower-earning spouse become self-supporting, over permanent awards. Long-term marriages with significant income disparities are more likely to result in alimony.

Q: What are the grounds for divorce in Nebraska?

Nebraska is a strictly no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken. This means you do not need to prove that either spouse did anything wrong, such as adultery or cruelty. You simply need to demonstrate to the court that the marriage cannot be repaired, which simplifies the filing process.

Q: How much does a divorce cost in Nebraska?

Filing fees for divorce in Nebraska typically range from $150 to $200, varying by county. An uncontested divorce handled without attorneys can cost under $500 total. If attorneys are involved, costs typically range from $5,000 to $15,000 for a straightforward case. Contested divorces with disputes over assets, custody, or alimony can cost $15,000 to $50,000 or more, especially if expert witnesses or extensive litigation is required.

Q: Is mediation required for divorce in Nebraska?

Yes, Nebraska requires mediation before a divorce case can proceed to trial. This means both parties must attempt to resolve their disputes through a neutral mediator before the court will schedule a trial. Mediation can help reduce costs and reach agreements more quickly, and many couples find it leads to more satisfactory outcomes than adversarial litigation.

Introduction

Nebraska is a strictly no-fault state where the only ground for divorce is that the marriage is irretrievably broken. The state uses equitable distribution and has a notable emphasis on ensuring both parties can maintain a reasonable standard of living post-divorce.

Nebraska is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Nebraska handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Nebraska, you must meet the state's residency requirements: 12 months residency; or 1 year if married in Nebraska. This means at least one spouse must have lived in Nebraska for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Nebraska is a strictly no-fault divorce state. The marriage is irretrievably broken. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Nebraska follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Nebraska:

Circumstances of parties
Duration of marriage
Contributions to marriage
Ability to engage in employment
Education and training

Nebraska courts award alimony based on one spouse's need and the other's ability to pay, and generally prefer rehabilitative alimony over permanent awards.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Nebraska uses the Income Shares model for calculating child support, based on combined monthly net income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Nebraska courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Nebraska, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is required in Nebraska before a divorce case can proceed to trial.

Filing Fees and Costs

Filing fees for divorce in Nebraska typically range from $150-$200, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 60 days after filing

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Nebraska Divorce

Is Nebraska a community property state?

No, Nebraska is not a community property state. Nebraska follows the equitable distribution model, which means the court divides marital property fairly based on the circumstances of each case, but not necessarily in a 50/50 split. The judge considers factors such as each spouse's economic situation, contributions to the marriage, and the duration of the marriage when deciding how to divide assets and debts.

How is property divided in a Nebraska divorce?

In Nebraska, marital property is divided through equitable distribution. The court looks at factors including each spouse's financial circumstances, contributions to the marriage (including homemaking and child-rearing), the duration of the marriage, and whether either spouse dissipated marital assets. Property owned before the marriage, along with gifts and inheritances received individually, is generally considered separate property and excluded from division, unless it has been commingled with marital assets.

How long does a divorce take in Nebraska?

Nebraska requires a mandatory 60-day waiting period after the divorce petition is filed before a divorce can be finalized. An uncontested divorce where both spouses agree on all terms can often be completed within two to three months. Contested divorces involving disputes over property, custody, or support can take six months to over a year, depending on the complexity of the issues and court schedules.

Can I get alimony in Nebraska?

Yes, alimony (spousal support) is available in Nebraska. Courts consider the circumstances of both parties, the duration of the marriage, each spouse's contributions, ability to work, and education or training needs. Nebraska courts generally prefer rehabilitative alimony, which is designed to help the lower-earning spouse become self-supporting, over permanent awards. Long-term marriages with significant income disparities are more likely to result in alimony.

What are the grounds for divorce in Nebraska?

Nebraska is a strictly no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken. This means you do not need to prove that either spouse did anything wrong, such as adultery or cruelty. You simply need to demonstrate to the court that the marriage cannot be repaired, which simplifies the filing process.

What are the residency requirements for divorce in Nebraska?

To file for divorce in Nebraska, at least one spouse must have been a resident of the state for at least 12 months before filing. If the couple was married in Nebraska, they may file after one year of residency. The divorce petition is typically filed in the county where either spouse resides.

How much does a divorce cost in Nebraska?

Filing fees for divorce in Nebraska typically range from $150 to $200, varying by county. An uncontested divorce handled without attorneys can cost under $500 total. If attorneys are involved, costs typically range from $5,000 to $15,000 for a straightforward case. Contested divorces with disputes over assets, custody, or alimony can cost $15,000 to $50,000 or more, especially if expert witnesses or extensive litigation is required.

Is mediation required for divorce in Nebraska?

Yes, Nebraska requires mediation before a divorce case can proceed to trial. This means both parties must attempt to resolve their disputes through a neutral mediator before the court will schedule a trial. Mediation can help reduce costs and reach agreements more quickly, and many couples find it leads to more satisfactory outcomes than adversarial litigation.

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