Man handing over wedding ring

Understanding Nebraska’s No-Fault Divorce Laws

Is Nebraska a No-Fault Divorce State?

Many states allow you to file for a divorce if you have proof of infidelity or show fault. In Nebraska, you do not have to be concerned with any proof of fault or prove that the relationship is beyond its breaking point. Instead, Nebraska operates on a no-fault system and you can request a divorce regardless of the reason.

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You can request a divorce in Nebraska even if your spouse does not agree with your decision. If you want to get a divorce, you should recognize what you need to do to get started. Our Sarpy County divorce attorneys are here to help you reach a successful resolution. Here’s what we’ll help you understand:

  • How a no-fault divorce works in Nebraska

  • How an annulment may be possible

  • How a lawyer can help

Call our firm today at (402) 226-1899 if you need to file for divorce. We’re here to help you through the complex family law matters that can arise in a dissolution of marriage.

How a No-Fault Divorce Works In Nebraska

Divorces in Nebraska begin with court filings that include various details about your relationship. Within the documents, you can explain if you and your spouse have children, marital property, assets, and more. You can also include information pertaining to child custody, visitation, support, alimony, and property distribution.

If you and your spouse have agreed upon the terms of your divorce and child custody, you can include all information to simplify the process further.

Nebraska Divorce Waiting Period

Keep in mind that even while you don’t have to show fault for the divorce, Nebraska has a 60-day waiting period. These 60 days give couples the chance to discuss the details of the divorce before having their case heard by a judge.

Unfortunately, if your spouse does not agree to the divorce or the terms of the divorce, it can make the process much longer. You may encounter contention and obstacles that complicate property division, custody, and support. It’s crucial to know your rights and have legal counsel that focuses on your best interests during this time.

How an Annulment May Be Possible

Annulment is similar to divorce, but it’s for marriages that last a very short amount of time. Essentially, an annulment is your way of asking a judge to treat the marriage as though it never existed. While Nebraska does allow for annulments, there are few circumstances in which a judge would grant one:

  • The marriage occurred under illegal circumstances

  • The marriage occurred when one party was impotent or mentally incapable of consent

  • The marriage occurred while one spouse is already married to someone else

  • The marriage occurred because one party was forced into it

While a normal divorce is completed without the need for proof of fault, an annulment requires the party seeking it to prove one of the above. Annulments must also consider the same issues like divorce, such as custody and support if necessary.

How a Lawyer Can Help

Despite a no-fault divorce system, you can still encounter numerous problems throughout your dissolution. Your spouse may argue with matters of property division or fight for custody of your children. These matters can still become very contentious, and protecting your rights requires you to pursue a lawyer who knows how to help you.

Protecting your family’s best interests is of the utmost importance during this stressful and challenging time. Working together is not always possible, but if children are involved, the most important thing to consider is their well-being.

At Reagan, Melton & Delaney, L.L.P., we’ll commit to being by your side every step of the way. Trust that our Sarpy County divorce lawyers have the skill and experience to pursue the most beneficial outcome in your family law matters. We’ll be there for you every step of the way!

Ready to speak with a lawyer? Call us today at (402) 226-1899.