Divorce in Nebraska

How to file for divorce in Nebraska

1. Check residency. 1 year of Nebraska residency before filing (waived if married in Nebraska with continuous residency since the wedding).
2. Prepare and file the Complaint for Dissolution of Marriage with the District Court in your county. The filing fee is typically $164, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Financial information is exchanged through the Property Settlement Agreement process; no single statewide mandatory disclosure form is specified for simple divorces.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 60 days from service or voluntary appearance (cannot be waived); decree is final 30 days after the judge signs it. Then ask the court for your final judgment.

Residency and grounds

Residency: 1 year of Nebraska residency before filing (waived if married in Nebraska with continuous residency since the wedding).

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: None required for dissolution; legal separation is a separate, optional track.

How property is divided

Nebraska uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Nebraska uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.

Parenting class: Mandatory statewide for cases involving minor children, about $25 to $100 per parent.

Child support: Nebraska uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Alimony is not automatic; courts weigh fairness, marriage duration, and each spouse's ability to become self-sufficient, with rehabilitative support preferred over permanent awards.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Simple Divorce: Available with no children born, adopted, or expected of the marriage, no real property or business disputes, no pensions/retirement plans in play, no alimony request, and agreement on all debts.

Legal separation: available in Nebraska, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 60 days from service or voluntary appearance (cannot be waived); decree is final 30 days after the judge signs it. A typical timeline is 3 to 5 months after service for an uncontested case. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Nebraska

• Nebraska has no joint-petition or summary process outside the strict Simple Divorce eligibility rules.
• The 60-day waiting period after service cannot be waived even if both spouses agree.
• A parenting class is required in every case with minor children before the decree is finalized.

Some local details vary by county in Nebraska, including financial disclosure. Check with your county clerk.

Official resources

Official forms and instructions come from Nebraska's courts. Sources we reviewed:

• nebraskajudicial.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.