Nebraska Divorce, Child Custody and Family Law Attorney
We serve clients in South Sioux City, Nebraska and the surrounding areas including but not limited to: Dakota City, Ponca, Allen, Wayne, and Hartington.
Frequently Asked Questions
Does Nebraska have residency requirements for a divorce? Yes. At least one of the parties has to have been a resident of the state of Nebraska for at least one year prior to filing, unless the parties were married in Nebraska and either party has resided in Nebraska from the time of marriage until the filing of the divorce. See Nebraska Revised Code Section 42-349.
Is there a waiting period for a divorce? Yes. A divorce in Nebraska cannot be finalized until sixty days after service on the non-filing spouse.
What do I have to show to get an annulment of my marriage in Nebraska? In Nebraska a marriage can be annulled for any of the following causes set out in Nebraska Revised Code Section 42-374: the marriage between the parties is prohibited by law; either party is impotent at the time of marriage; either party had a spouse living at the time of marriage; either party was mentally ill or a person with mental retardation at the time of marriage; or force or fraud.
Is there a period of time after my divorce in Nebraska that I have to wait before I can re-marry? Probably. Nebraska Revised Code Section 42-372.01 provides that in general, for purposes of remarriage and continuation of health insurance coverage, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first.
What things do Nebraska courts consider in awarding child custody? Child custody is determined by parental fitness and the best interests of the child. If both parents are found to be fit, the court moves to consideration of the best interests of the child. In determining a child’s best interests under Neb.Rev.Stat. § 42–364, courts may consider factors such as general considerations of moral fitness of the child’s parents, including the parents’ sexual conduct; respective environments offered by each parent; the emotional relationship between child and parents; the age, sex, and health of the child and the parents; the effect on the child as a result of continuing or disrupting an existing relationship; the attitude and stability of each parent’s character; parental capacity to provide physical care and satisfy educational needs of the child; and many other factors relevant to the general health, welfare, and well-being of the child. See Barth v. Barth, 22 Neb. App. 241, 241, 851 N.W.2d 104, 108 (2014).
Is Nebraska a “no fault” divorce state? Yes. The Judge does not need to make a determination of fault or who was wrong in awarding a divorce in Nebraska. The Judge will, however, need to make a finding that the marriage is irretrievably broken.
Can the same lawyer represent both me and my spouse? No. Representing both parties in a divorce proceeding is a conflict of interest.
What things does the court consider in determining if alimony should be awarded? (1) the circumstances of the parties; (2) the duration of the marriage; (3) the history of contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities; and (4) the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of each party.