Nebraska State has a divorce rate of 3.7% per 1,000 of the total population. In Nebraska, according to family court a complainant can file a divorce case against defendant on the basis of both no-fault and fault grounds for divorce. The plaintiff must prove his case with some significant evidence, if seeking divorce on fault divorce grounds.
Annulment is rare in Nebraska State. Divorce is favored by people as it is an easy process and has concrete grounds upon which it is granted plus there are certain awards after divorce which you are not entitled to in an annulment. Annulment is mostly requested because of religious consideration. However the strict requirements make it a hard and difficult process.
Nebraska State lawyers are available here to help you in finalizing your divorce process with the consent of both the parties.
Divorce Grounds in Nebraska
In Nebraska State the court law grants divorce in favor of any spouse if the petitioner supports any of the stated divorce grounds in Nebraska. Both the types of divorce are found in this state:
No-Fault Divorce Grounds in Nebraska:
The only divorce ground in Nebraska State is:
Irretrievable Breakdown of the Marriage:
It is one of the very common divorce ground in the US. On this divorce is granted if both the spouses are miserably staying together and they can’t provide contentment to each other. After the plaintiff makes a request, the court announces divorce in consent with both the spouses. Although a period of a year is given to reach to end with issues like property, debt, etc.
Fault Divorce Grounds in Nebraska:
The fault divorce grounds in Nebraska are given below:
Mental Illness and Lack of Ability to Consent to Dissolution of Marriage:
If the claimer supports the assertion with evidence that the mental retardation is the issue to dissolve the marital relationship, the court will grant divorce in the favor of the petitioner under this divorce ground in Nebraska.
Drug and Alcohol Abuse:
Abuse of drugs and alcoholism is also a fault divorce ground in Nebraska. If the habitual use of it becomes a reason of temporary illness or mental abnormality, it will be a lawful ground for divorce.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Nebraska.
Nebraska Divorce Laws
Nebraska has following divorce laws:
In order to file for a divorce under Nebraska divorce laws, both spouses are required to meet the residency requirements. Only on this condition the Nebraska divorce court has jurisdiction of the divorce case. These residency requirements are only for spouses who have recently relocated or intend to relocate. The requirement is as:
- No action for divorce case will be brought unless at least one of the applicants has lived in Nebraska State with an intention of making Nebraska his or her permanent home for at least one year prior to the filing of the divorce case.
Documents Required for Filing Divorce
Nebraska divorce laws require you to have following documents:
- Complaint for Divorce
- Final Decree of Divorce
Distribution of Property
Nebraska is generally considered as “equitable distribution” state. According to Nebraska divorce laws, martial property is divided equally. If spouses are unable to reach any agreement regarding property distribution, the divorce court uses the following three-step method:
- First court will determine what property is marital and what is not
- Second, according local real-state value, court will decide appropriate value of the marital property
- Third, the court will divide this property in an agreeable way, not necessarily equal, rather what is considered to be a fair
Change of Name or Restoration of Name
Once divorce is approved and granted both applicants can take up their pre-marriage names.
If child custody is a disputed issue in a divorce case in Nebraska, the court is likely to order both the parents to submit to mediation. Both parents are also requested to go for joint custodial arrangements.
Nebraska courts may order alimony during divorce case proceeding, if it feels it is appropriate. According to Nebraska divorce laws, Nebraska courts also have the full authority to award maintenance to both applicants, for an unspecified period and/or a fixed period.
In Nebraska, all divorce courts consider the following aspects when making a decision regarding child custody:
- The desires and wishes of the parent or parents or child
- The desires and wishes of the child, which can be communicated by the child him/herself.
- The interrelationship of the child with his/her both parents, siblings and any other person who may affect the child’s best possible interest
- Overall health, welfare and social behavior of the child.
To settle child support issues, applicants can get help from a Nebraska divorce court. Under Nebraska divorce laws, the court will grant its own decision based on financial situation, merit, burden and other different aspects of case.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Nebraska Annulment Laws
Annulment is the courts decree that the marriage never existed or is void or invalid. Annulments in Wisconsin are very rare. This is because unlike other states the grounds for Nebraska annulment are limited. To nullify a marriage one must have an annulment ground recognized by the Nebraska annulment laws:
If a person is already married and enters into another marriage with someone else without divorcing from the first spouse, the union will be considered bigamous and void. Bigamy is an annulment ground according to Nebraska annulment laws.
If your spouse is mentally ill and this illness is beyond cure, you can obtain annulment under Nebraska annulment laws.
Consanguinity is a marital relationship between full-blood or half-blood relatives i.e. marriage with a natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister. Such marriages can be annulled under Nebraska annulment laws.
According to Nebraska annulment laws you can obtain annulment, if you are under the legal marriageable age, and have entered into a marriage without the consent of the parents and the court.
Fraud and Duress
Getting the consent by force or duress is as good as committing a felony. If you have been threatened or forced into a marriage, your claim for annulment will be valid under Nebraska annulment laws.
Nebraska Divorce Laws-Frequently Asked Questions
- What is the minimum residency period for filing a divorce in Nebraska?
According to the divorce laws of Nebraska, to get a Nebraska divorce, you must reside for a minimum of 6 months in the state.
- Is it mandatory for both of us to reside in Nebraska to get a Nebraska divorce?
No, there is no such law which makes it mandatory for both of the spouses to be residents of Nebraska to get a divorce in the state. But one of the spouses must be a resident of Nebraska, otherwise the petition will not be valid.
- Can me and my spouse hire one divorce lawyer?
According to Nebraska divorce laws, both the spouses should appoint different divorce lawyers, because one divorce lawyer cannot safeguard both spouses’ interests.
- Can I defend myself in the court instead of hiring the services of a divorce lawyer?
Yes, you can defend yourself in the court. But if you can afford a divorce lawyer, you should do that since s/he is a professional and can represent you better.
- I want a divorce but my spouse don’t. Can I still claim a divorce?
According to Nebraska divorce laws, every spouse is entitlted to file for divorce.
- What is the cost of divorce in Nebraska?
The court charges filing and appearance fees which are $110 and $45 repectively. The other expenses include a divorce lawyer’s fee which varies from divorce lawyer to divorce lawyer.
- Nebraska is a no-fault state. Is it true?
Yes it is true. Nebraska is a no-fault state.
- How much time will it take in Nebraska to be divorced?
On average, a Nebraska divorce process takes upto 60 days after filing a divorce case. But realistically speaking it may take from 90-120 days to be divorced.