Residency Requirements:
In order to file for divorce in Nebraska, either spouse must have
been a resident of the state for at least one year before filing.
Alternatively, if the marriage was performed in Nebraska and one spouse
has resided in the state during the entire marriage, that spouse may
file for divorce.
Legal Separation:
There are no residency requirements. Irretrievable breakdown of the
marriage is the only ground for legal separation.
General Divorce Procedure:
If both spouses file jointly, each spouse should be titled as
“co-petitioner.” Settlement agreements are authorized by law.
Title of Divorce action:
Petition for Dissolution of Marriage.
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Grounds for Nebraska Divorce:
The only no-fault or fault-based ground for divorce in Nebraska is
the irretrievable breakdown of the marriage.
Mediation or Counseling:
Nebraska has approved centers for dispute resolution, which may oversee
contested issues in cases referred as either a pending court case or
referred prior to the commencement of formal court proceedings. All
parties involved must consent to such referral, in order for a referral
to be effective. In order to proceed on an uncontested basis in court,
the parties may submit any or all of their issues to mediation, prior to
the initiation.
Where to file for divorce:
The petition is filed in the county where either spouse resides.
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