Question 1

When Can I File for Divorce?

Accepted Answer

You or your spouse must be a resident of Nebraska for at least one year before filing for divorce in the state. There are generally no restrictions on how soon after marriage you can file for divorce, but if your marriage was the result of fraud or was invalid for some other reason, you may be able to have it cancelled (annulled) rather than go through an actual divorce.

Question 2

What is no-fault divorce?

Accepted Answer

No-fault divorce means that it does not matter why the relationship broke down, or who caused such a breakdown. A cheating spouse, for example, could theoretically affect child custody if it shows they are an unfit parent, but a judge will not generally be interested in the indiscretions of the parties for any other reasons. The fact that one or more of the parties want a divorce is a good enough reason.

Question 3

What is uncontested divorce?

Accepted Answer

An “uncontested” divorce means that both parties are able to reach an agreement as to how property, custody, and other issues will be decided. In this case, the parties just need to have their agreement expressed in writing and for the court to approve their agreement. This would avoid the need for adversarial hearings and trials, because both parties want (or at least have agreed to) the same outcome.

Question 4

What is a pre-nuptial agreement?

Accepted Answer

A pre-nuptial agreement is essentially a contract entered into by two persons who expect to get married. The agreement typically lays out some type of expectation as to how their property will be treated going into the marriage and, importantly, if the marriage were to ever be dissolved through divorce.

Question 5

What is Annulment?

Accepted Answer

Annulment is essentially a cancellation of a marriage, rather than a dissolution. The key difference is that under an annulment, the marriage was never really valid to begin with, and the court is asked to recognize that fact. In divorce, the marriage was valid and the court is asked to unwind that union. There are very specific and limited grounds upon which annulment can be granted, the most common being force or fraud. If you believe that grounds exist for annulment, it may be to your advantage to explore that option rather than going straight to divorce.

Question 6

What is Legal Separation?

Accepted Answer

Legal separation is a precursor to divorce. The result of a legal separation is not a dissolution of the marriage, but if the parties later pursue divorce, the separation can be converted into a full divorce. Importantly, legal separation is a formal legal process which requires court involvement, and is not the same things as the parties simply separating on their own, such as one spouse moving out.

Question 7

Can I Get Child Custody?

Accepted Answer

A parent has a fundamental, constitutional right to a relationship with their children. A court does have the power to override that parental right if there is good reason to believe that custody would jeopardize the safety or well-being of the child. The court will consider the best interests of the child in deciding who the better decision-maker(s) and care-taker(s) would be in the child’s life. This is often one of the major battles fought through family law courts, and the assistance of a competent family law lawyer can help you navigate the process and increase your chances of securing a favorable outcome.

Question 8

Can I get Child Support?

Accepted Answer

Child support may be available to parents who have at least partial custody of their child. The level of child support appropriate in any given case is determined by a number of factors including income of both parents, the number of children, and how much time the child(ren) spend with each parent. There are a number of tools available to parents who are owed child support to help them keep track of payments, and enforce the other parent’s obligation if they are not paying the amount they are obligated to pay. The State of Nebraska may even intervene to help enforce child support obligations if public benefits are involved in the family. To determine if you are entitled to child support, consult with a family law attorney who should be able to give you at least an estimate of what a court would likely order to be paid.

Question 9

What is Mediation in Divorce?

Accepted Answer

Mediation is an attempt to reduce the issues that require court involvement by agreeing on issues that are less contentious. A court-certified mediator will meet with you and your spouse to determine your position on a number of issues related to child custody, such as parenting time, vacation, schooling, etc. Mediation is often a court-ordered requirement that must be satisfied before the parties ask the court to resolve any of their disagreements. Mediation typically does not resolve financial issues such as the division of a pension or spousal support.

Question 10

How is Property Divided during divorce?

Accepted Answer

Nebraska statutes lay out a number of factors that should be considered in dividing property through divorce. In summary, however, the court essentially decides what is fair under the circumstances. This can be a difficult question to answer, or to know how the court is likely to rule, which is part of the reason that property division in divorce can be very contentious. Previous decisions by Nebraska judges can provide some guidance as to how a court is likely to view a particular set of circumstances, and an experienced lawyer can provide guidance on what outcomes may be likely in your case.

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How is the Child Support Calculated in Nebraska?

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Family Law Attorney

​How is the Child Support Calculated in Nebraska?

Family Law Services:

Request A Consultation

How is the Child Support Calculated in Nebraska?