Nebraska Divorce Laws

Divorce Laws in Nebraska (NE)

Nebraska processes 7,000+ divorces annually. As an equitable distribution state, courts divide marital assets fairly based on multiple factors. Only no-fault divorce is available.

Filing Fee

$160–$180

Residency Req.

12 months

Waiting Period

60 days

Property Type

Equitable

Grounds for Divorce

Nebraska is a no-fault divorce state. You do not need to prove wrongdoing by either spouse. The only ground required is that the marriage is irretrievably broken. This is governed by Neb. Rev. Stat. §42-347.

No-fault filing simplifies the process and typically reduces litigation costs significantly.

Property Division

Nebraska is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.

The median uncontested divorce in Nebraska costs approximately $7,000. Contested cases with significant property disputes average $28,000.

Child Custody

Nebraska courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Nebraska uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.

Alimony & Spousal Support

Spousal support in Nebraska is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under Neb. Rev. Stat. §42-347, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.

Filing Requirements & Costs

Residency Requirement12 months
Filing Fee$160–$180
Waiting Period60 days
No-Fault AvailableYes (only option)
Fault Grounds AvailableNo
Child Support ModelIncome Shares
Governing StatuteNeb. Rev. Stat. §42-347

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Frequently Asked Questions

How long do you have to live in Nebraska to file for divorce?
Nebraska requires 12 months of residency before you can file for divorce. Neb. Rev. Stat. §42-347 governs the filing requirements.
Is Nebraska a community property or equitable distribution state?
Nebraska follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Nebraska?
Filing fees in Nebraska range from $160–$180. The median total cost is approximately $7,000 for uncontested divorces and $28,000 for contested cases.
How long does a divorce take in Nebraska?
Nebraska has a mandatory waiting period of 60 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Nebraska?
Nebraska uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Nebraska?
Nebraska is a no-fault divorce state. You do not need to prove fault — irreconcilable differences or irretrievable breakdown of the marriage is sufficient.
How many divorces happen in Nebraska each year?
Nebraska processes approximately 7,000+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Nebraska?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

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This page provides general information about divorce laws in Nebraska and is not legal advice. Laws change frequently — verify current statutes with Neb. Rev. Stat. §42-347 or consult a licensed Nebraska attorney. Last reviewed March 2026.