Divorce in Nebraska — the plain-English overview

Nebraska calls divorce dissolution of marriage and runs cases through the District Court of the county where either spouse lives. The state has a relatively long residency requirement (1 year) paired with a flat 60-day cooling-off period from service. The substantive framework is otherwise familiar: pure no-fault, equitable distribution, best-interest custody anchored by a required parenting plan. None of this replaces talking to a Nebraska family-law attorney about your specifics, but knowing the basics helps you read your own paperwork.

Where you file

Nebraska dissolutions are filed in the District Court of the county where either spouse lives. At least one spouse must have been a Nebraska resident for 1 year before the petition is filed (Neb. Rev. Stat. § 42-349).

Nebraska has 93 counties across 12 judicial districts. Douglas (Omaha), Lancaster (Lincoln), Sarpy, Hall (Grand Island), and Buffalo counties handle the largest family-law caseloads. The District Court is the trial court of general jurisdiction.

How long it takes

Nebraska imposes a 60-day waiting period from the date the respondent is served before the court can enter a decree of dissolution (Neb. Rev. Stat. § 42-363). The court can waive the 60 days only in exceptional circumstances.

Nebraska's only ground for dissolution is that the marriage is irretrievably broken. There are no fault grounds. If kids are involved, both parents must complete a court-approved parenting course before the final decree.

Property — what state law assumes

Nebraska is an equitable distribution state. The court divides marital property — generally, what was acquired during the marriage — in a manner that is just and reasonable, with the statutory authority at Neb. Rev. Stat. § 42-365. The statute lists factors including the circumstances of the parties, the duration of the marriage, the history of contributions to the marriage (financial and non-financial), and any interruption of personal careers or educational opportunities.

The Nebraska Supreme Court has held that the value of all property owned by the parties at the time of divorce — both marital and non-marital — is the starting point, with separate property then carved back out.

Custody — the starting framework

Nebraska requires a written parenting plan in every dissolution involving minor children under the Parenting Act, codified at Neb. Rev. Stat. § 43-2929. The plan must address legal custody (decision-making), physical custody and parenting time (schedule), child support, and dispute resolution.

The court applies the best interest of the child standard, weighing the relationship of the minor child to each parent prior to the dissolution, the desires and wishes of the minor child if of an age of comprehension, the general health, welfare, and social behavior of the minor child, credible evidence of abuse, and credible evidence of unresolved parental conflict. There is no statutory presumption in favor of joint custody, but Nebraska courts can and do order joint legal and joint physical custody when both parents are fit and able to cooperate.

Filing fees and fee waivers

The District Court filing fee for a Nebraska dissolution petition is approximately $158 statewide. Service of process adds another $15–$30 if the sheriff serves.

If you can't afford the fee, Nebraska lets you proceed in forma pauperis under Neb. Rev. Stat. § 25-2301 by filing an application showing your income, household expenses, and inability to pay. If granted, the court waives filing fees and certain other court-imposed costs.

What this page can't tell you

Nebraska's 12 judicial districts run dissolution practice with some local variation:

• Whether your district has a dedicated Conciliation Court or family court division (Douglas County does).
• Local rules on mediation of parenting-plan disputes (Nebraska's Parenting Act strongly encourages mediation).
• The specific parenting-education program your county approves.
• Local case-management deadlines and pretrial conference scheduling.

The Nebraska Judicial Branch (supremecourt.nebraska.gov) hosts statewide forms, the dissolution self-help portal, and procedural information. Your county's Clerk of the District Court is the authoritative source for local rules and fee schedules. For anything strategic — especially around equitable distribution, alimony, or contested parenting plans — talk to a Nebraska family-law attorney.

Statutes referenced

• Residency — Neb. Rev. Stat. § 42-349
• 60-day waiting period — Neb. Rev. Stat. § 42-363
• Equitable distribution — Neb. Rev. Stat. § 42-365
• Parenting Act — required parenting plan — Neb. Rev. Stat. § 43-2929
• In forma pauperis (fee waiver) — Neb. Rev. Stat. § 25-2301

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.