Nebraska Divorce Filing Checklist 2025 Guide

Filing for divorce in Nebraska requires careful attention to specific legal requirements and procedures. As one of the few states offering a pure no-fault divorce system, Nebraska has streamlined the process while maintaining important protections for families and children. This comprehensive checklist walks you through Nebraska's residency requirements, filing procedures, mandatory waiting periods, and special considerations that make the state's divorce process unique. For general guidance, see our overview of the divorce process.

Nebraska Residency Requirements

Before filing for divorce in Nebraska, you must meet specific residency requirements established under Neb. Rev. Stat. § 42-349. The standard requirement is one year of actual residence with bona fide intent to make Nebraska your permanent home. This means simply owning property or maintaining a mailing address in the state is not sufficient—you must genuinely reside in Nebraska.

However, there is an important exception to the one-year rule: if your marriage was solemnized in Nebraska and you or your spouse have continuously resided in the state since the marriage, you may file immediately without waiting the full year. Additionally, military personnel stationed in Nebraska for at least one year are deemed residents for divorce purposes, even if they maintain legal domicile elsewhere.

Grounds for Divorce: Pure No-Fault System

Nebraska is unique among U.S. states in offering only one ground for divorce: that the marriage is "irretrievably broken" under Neb. Rev. Stat. § 42-361. Unlike many states that offer both no-fault and fault-based grounds (such as adultery or cruelty), Nebraska's pure no-fault system means you don't need to prove wrongdoing or assign blame. You simply need to demonstrate that the marriage cannot be saved.

This approach reduces conflict and often simplifies the divorce process. The court will determine whether the marriage is irretrievably broken based on the circumstances and whether reconciliation efforts have failed. This streamlined approach aligns with Nebraska's emphasis on cooperative resolution and mediation.

Complete Filing Process Checklist

Nebraska divorces are filed in Nebraska District Court. You can file in the county where either you or your spouse currently resides, providing flexibility in choosing your venue. Here's what you need to file:

• Complaint for Dissolution of Marriage: The primary document initiating your divorce case. Official forms are available through the Nebraska Supreme Court website.
• Filing Fee: As of July 1, 2025, the standard filing fee is $164 statewide. Fee waivers may be available for those who qualify based on financial hardship.
• Service or Voluntary Appearance: Nebraska offers a convenient alternative to traditional sheriff service. If your spouse is cooperative, they can sign a Voluntary Appearance form, which is legally equivalent to formal service and saves time and costs.
• Financial Affidavit: Both parties must disclose assets, debts, income, and expenses to facilitate equitable distribution of marital property.
• Parenting Plan (if applicable): If you have minor children, you'll need to submit a detailed parenting plan addressing custody, visitation, and decision-making responsibilities.

Pro Tip: Nebraska's Voluntary Appearance option is an excellent way to reduce conflict and expedite the process. If you and your spouse are communicating cooperatively, this approach can save both time and money compared to formal sheriff service.

Mandatory 60-Day Waiting Period

Nebraska law imposes a 60-day mandatory waiting period after service of the divorce complaint under Neb. Rev. Stat. § 42-363. This is a jurisdictional requirement, meaning the court cannot finalize your divorce until at least 60 days have passed from the date your spouse was served (or signed a Voluntary Appearance).

This waiting period serves several purposes: it provides a cooling-off period for potential reconciliation, allows time for negotiation and settlement, and ensures both parties have adequate time to prepare for court proceedings if necessary. Once the decree is entered, it becomes final for most purposes after 30 days, but Nebraska law imposes a six-month restriction on remarriage after the decree entry.

Special Requirements: The Nebraska Parenting Act

If you have minor children, Nebraska's Parenting Act imposes additional mandatory requirements designed to protect children's interests and encourage cooperative co-parenting:

• Mandatory Parent Education: Both parents must complete an approved parenting education course addressing children's needs during and after divorce.
• Mandatory Mediation/ADR: Before the court can hold a contested hearing on custody or parenting time, parents must participate in mediation or another form of alternative dispute resolution (ADR). This requirement emphasizes Nebraska's strong preference for cooperative resolution.
• Limited Exceptions: Mediation may be waived in cases involving domestic violence, child abuse, or other extraordinary circumstances where mediation would be inappropriate or unsafe.

These requirements reflect Nebraska's commitment to minimizing conflict and ensuring that children's best interests remain central to the divorce process. Courts encourage parents to work together to create parenting plans that serve their children's long-term wellbeing.

Property Division: Equitable Distribution

Nebraska follows an equitable distribution model for dividing marital property—not a community property system. This means the court will divide assets and debts in a manner that is fair and just, but not necessarily equal. The court considers factors such as:

• The circumstances of each party
• The duration of the marriage
• Contributions to the marital estate (both financial and non-financial)
• The value of separate property each spouse will retain
• Economic circumstances of each spouse at the time property division becomes effective

According to data from the CDC National Center for Health Statistics, understanding how property division works in your state can significantly impact your financial future. Nebraska's equitable distribution approach allows courts to tailor property division to each couple's unique circumstances.

Estimate Your Nebraska Divorce Costs

Divorce costs in Nebraska vary widely depending on whether your case is contested or uncontested, whether you have children, and the complexity of your asset division. For tips on reducing expenses, review our guide on how to save money on divorce. Use our free calculator below to estimate your total costs based on Nebraska-specific factors:

Frequently Asked Questions

Can I file for divorce in Nebraska if I just moved here? Generally, no. You must meet the one-year residency requirement unless your marriage was solemnized in Nebraska and you've lived here continuously since the marriage.

What if my spouse refuses to sign the Voluntary Appearance? If your spouse won't cooperate, you'll need to arrange for formal service through the sheriff's office or a private process server. The 60-day waiting period begins when service is completed.

Is mediation really mandatory in Nebraska? Yes, if you have minor children and cannot agree on custody or parenting time, the court will require you to attempt mediation before scheduling a contested hearing. However, exceptions exist for cases involving domestic violence or abuse.

How long does a Nebraska divorce take? At minimum, 60 days from service to finalization. Uncontested cases often finalize within 3-4 months, while contested divorces may take 6-12 months or longer depending on complexity and court scheduling.

Ready to Begin Your Nebraska Divorce?

Filing for divorce in Nebraska involves careful preparation, attention to legal requirements, and often difficult emotional decisions. Understanding the state's unique pure no-fault system, mandatory waiting period, Parenting Act requirements, and equitable distribution framework is essential for navigating the process successfully.

Whether you're just beginning to consider divorce or ready to file, having the right information and support makes all the difference. DivorceAI provides personalized guidance, cost estimates, and tools to help you navigate Nebraska's divorce process with confidence.