Statutory Reference to Nebraska Revised Statutes:

Residence: §§ 42-342, 42-348, 42-349, 42-354

Divorce: §§ 42-361, 42-362

Property Division: § 42-366

Alimony: § 42-365

Custody: § 42-364

Visitation: § 42-1801

Child Support: Supreme Court Rule

 

Residence:

One of the spouses must have been a resident for at least one year, or the marriage must have been performed in Nebraska and one of the spouses lived in Nebraska for the entire marriage.  The dissolution may be filed in a county where either spouse lives.  There is a 30-day waiting period after service of the petition before the case can be decided by the court.

 

Grounds:

Irretrievable breakdown of marriage [no-fault]. 

Other grounds include lack of mental capacity at time of marriage. 

 

Distribution of Property:

Equitable distribution of property of marital property; the spouses retain their separate property acquired before the marriage.  All of the spouse's marital property, which includes gifts and inheritances acquired during the marriage, may be divided, based on consideration of (1) the contribution of each spouse to the acquisition of marital property, including homemaker contributions; (2) the economic circumstances of each spouse at the time of the division of property; (3) the length of the marriage; (4) any provisions relating to custody of the children.

 

Alimony/Spousal Support:

Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on five factors. 

 

Child Custody/Visitation:

In determining with which of the parents the child shall remain, the court shall consider the best interests of the children, which include (1) the relationship of the child to each parent; (b) the desires and wishes of the child; (3) the general health, welfare, and social behavior of the child; (4) credible evidence of any abuse in the household. 

 

Joint custody may be awarded when both parents agree to such an arrangement.

 

Child Support:

Child support guidelines were established by court rule and are contained in the Rules of the Supreme Court.  The guidelines are based on the Income Shares Formula, and are calculated on net income.