Divorce in Nebraska (2026)

Nebraska’s One-Year Residency Requirement

One of the first things to know about filing for divorce in Nebraska is the state’s one-year residency requirement — one of the longest in the country. Under Neb. Rev. Stat. Section 42-349, at least one spouse must have been a bona fide resident of Nebraska for at least one year before filing, unless the marriage was performed in Nebraska and one of the parties has resided in the state continuously from the time of the marriage to the time of filing.

This requirement ensures that Nebraska courts have a substantial connection to the parties before exercising jurisdiction. For people who have recently moved to Nebraska and want to file for divorce, this means planning ahead or potentially filing in their previous state of residence.

The petition is filed in the district court of the county where either spouse resides.

No-Fault Grounds Only

Nebraska is a purely no-fault divorce state. Under Neb. Rev. Stat. Section 42-361, the sole ground for dissolution of marriage is that the marriage is irretrievably broken. Nebraska does not recognize any fault-based grounds, meaning neither spouse needs to prove wrongdoing by the other. The court will grant the dissolution once it finds that the marriage is broken beyond repair and that efforts at reconciliation have failed or are impractical.

For a broader understanding of how divorce works nationwide, see our complete guide to divorce.

The Mandatory 60-Day Waiting Period

Nebraska imposes a mandatory 60-day waiting period from the date the respondent is served or waives service before the court can enter a final decree. This cooling-off period applies to all divorces — contested and uncontested alike.

In uncontested cases where both parties agree on all terms, the divorce can often be finalized shortly after the 60 days have passed. Contested cases generally take longer due to discovery, negotiation, and potential trial. Overall, uncontested divorces in Nebraska can be finalized in approximately two to four months, while contested cases typically take six months to two years.

Filing Fees and Costs

Filing fees for a Nebraska divorce typically range from $158 to $185, depending on the county. Additional costs may include service of process fees, mediation fees (Nebraska requires mediation in cases involving custody), parenting education class fees, and certified copies of court orders. Fee waivers are available for filers who demonstrate financial hardship.

Property Division: The One-Third to Equal Framework

Nebraska follows the equitable distribution model for dividing marital property. Under Neb. Rev. Stat. Section 42-365, the court divides the marital estate in a manner that is just and reasonable, considering:

• The circumstances of the parties
• The duration of the marriage
• The contributions of each spouse to the marriage, including homemaker contributions
• Any interruptions in personal careers or educational opportunities
• The ability of the supported spouse to engage in gainful employment
• The custodial responsibilities for the children

What distinguishes Nebraska’s approach is the one-third / two-thirds to equal framework. Nebraska courts generally start from the principle that shorter marriages may warrant a less-than-equal split (with the lower-earning spouse receiving roughly one-third), while longer marriages tend to result in more equal divisions. The specific ratio depends on the length of the marriage and the contributions of each spouse.

Separate property — assets owned before the marriage or received as gifts or inheritances — is generally not subject to division unless it has been commingled with marital property. However, the characterization of assets can become complicated in longer marriages where separate and marital assets have been mixed over the years.

Alimony in Nebraska

Nebraska courts may award alimony under Neb. Rev. Stat. Section 42-365. The court considers the circumstances of each party, the duration of the marriage, the contributions of each spouse (including contributions to the other spouse’s education or earning capacity), the ability of the supported spouse to become self-sufficient, and the standard of living established during the marriage.

Nebraska recognizes several types of alimony:

• Temporary alimony — Support during the divorce proceedings, designed to maintain the status quo until the case is resolved
• Rehabilitative alimony — The most common form, awarded to help a spouse obtain the education, training, or work experience necessary to become self-supporting
• Restitution alimony — Awarded to compensate a spouse who financially supported the other spouse through education or professional training, recognizing the sacrifices made with the expectation of sharing the benefits
• Permanent alimony — Awarded in rare cases, typically involving long-duration marriages where the recipient spouse is unable to become self-supporting due to age, disability, or other circumstances

Restitution Alimony: Nebraska’s Distinctive Provision

Restitution alimony deserves particular attention because it addresses a situation many divorcing couples face: one spouse worked to support the family while the other pursued a professional degree or advanced training. When the marriage ends before the supporting spouse benefits from the increased earning potential, restitution alimony compensates them for the investment they made. Nebraska courts have recognized this as a matter of basic fairness, and it is awarded more frequently here than in many other states.

The Divorce Process

A typical Nebraska divorce follows these steps:

1. Filing the complaint. One spouse files a Complaint for Dissolution of Marriage with the district court.
2. Serving the other spouse. The respondent must be served with the complaint, or the respondent may file a voluntary appearance.
3. Waiting period. The mandatory 60-day waiting period begins upon service.
4. Financial disclosure. Both parties exchange financial information.
5. Mediation. If children are involved, mediation is generally required under the Nebraska Parenting Act.
6. Negotiation or trial. The parties attempt to resolve issues through negotiation. If an agreement is reached, the court reviews and approves it. Otherwise, the case proceeds to trial.
7. Decree of dissolution. The court enters the final decree.

When to Consult an Attorney

Nebraska’s no-fault framework simplifies the grounds for divorce, but property division, alimony, and custody issues can still be complex. The state’s one-year residency requirement is longer than most states, and the equitable distribution analysis — particularly the one-third/two-thirds to equal framework — depends heavily on the facts of each case. If your divorce involves significant assets, retirement accounts, business interests, or children, professional guidance is strongly recommended. To discuss your situation, schedule a free consultation.

Frequently Asked Questions

How long do I need to live in Nebraska before filing for divorce?

At least one spouse must have been a bona fide resident of Nebraska for at least one year before filing, unless the marriage was performed in Nebraska and one of the parties has resided in the state continuously from the time of the marriage.

Is Nebraska a community property or equitable distribution state?

Nebraska is an equitable distribution state. Under Neb. Rev. Stat. Section 42-365, the court divides the marital estate in a manner that is just and reasonable. Courts generally begin with a one-third/two-thirds to equal framework, depending on the length of the marriage and each spouse’s contributions.

What is the mandatory waiting period in Nebraska?

Nebraska imposes a mandatory 60-day waiting period from the date the respondent is served or waives service before the court can enter a final decree. This cooling-off period applies to all divorces.

What ground does Nebraska recognize for divorce?

Nebraska is a purely no-fault divorce state. Under Neb. Rev. Stat. Section 42-361, the sole ground for dissolution is that the marriage is irretrievably broken. No fault-based grounds are recognized.

What is restitution alimony in Nebraska?

Restitution alimony compensates a spouse who financially supported the other through education or professional training. If one spouse worked to put the other through medical school, law school, or another program, and the marriage ends before the supporting spouse shares in the resulting benefits, the court may award restitution alimony to compensate for that investment.

Can I file in Nebraska if my spouse lives in another state?

Yes, as long as at least one spouse meets the one-year residency requirement. However, if the other spouse lives out of state, personal jurisdiction considerations may affect the court’s ability to divide certain property or order support. Consulting an attorney in this situation is advisable.

How This Guide Was Researched

This guide draws on a thorough review of Neb. Rev. Stat. Section 42-361 (grounds for dissolution), Section 42-349 (residency requirements), Section 42-365 (property division and alimony), and Section 42-372 (the 60-day waiting period). We consulted the Nebraska Judicial Branch self-help website for current filing procedures, fee schedules, and standardized forms. Nebraska Supreme Court decisions interpreting the one-third/two-thirds to equal property division framework and restitution alimony standards were reviewed for current application. Nebraska State Bar Association family law publications provided additional context on practice patterns.

Sources and Legal References

• Neb. Rev. Stat. Section 42-361 — Sole ground for dissolution (irretrievable breakdown)
• Neb. Rev. Stat. Section 42-349 — One-year residency requirement
• Neb. Rev. Stat. Section 42-365 — Property division and alimony factors
• Neb. Rev. Stat. Section 42-372 — 60-day waiting period
• Nebraska Parenting Act (Sections 43-2922 through 43-2943) — Mandatory mediation and parenting education in custody cases

Official Nebraska Resources

• Nebraska Judicial Branch — Families & Children

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Custody in Nebraska — The Parenting Act, mediation, and best interest factors
• Child support in Nebraska — Income shares model and the age-19 majority rule
• Nebraska child support guidelines — Detailed calculation methodology
• Complete guide to divorce — National overview of the divorce process
• Property division in divorce — How courts divide assets and debts
• Contested vs. uncontested divorce — Understanding the difference
• Divorce mediation vs. litigation — Choosing the right process
• Divorce checklist — Preparation steps before filing