Divorce Law: Grounds for Divorce in Nebraska
Divorce Law: Grounds for Divorce in Nebraska
| Grounds for Divorce in Nebraska | Description |
| No-Fault Grounds |
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| Fault-Based Grounds |
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Introduction
Nebraska recognizes both fault and no-fault grounds for divorce. Fault-based divorces require one party to prove that their spouse was at fault or caused the breakdown of the marriage. On the other hand, no-fault divorces do not require either spouse to prove wrongdoing or blame; rather, they only need to show that their marriage has irretrievably broken down due to incompatibility, irreconcilable differences or other similar reasons.
- Fault-based grounds for divorce in Nebraska include:
- Cruelty
- Adultery
- Willful desertion
- Habitual drunkenness or drug addiction
- Mental instability
- No-fault grounds for divorce in Nebraska include:
- The parties have lived separate and apart without cohabitation (living together) for two years preceding filing;
- The parties have lived separate and apart without cohabitation (living together) from each other more than two years next preceding filing by reason of having been declared legally incompetent as provided by law;
- The husband and wife have irreconcilable differences which have led to breakdown of the marriage relationship beyond repair because it appears that attempts at reconciliation are impractical or futile and such differences are beyond saving through counseling or any other means; or
- The wife is pregnant at the time of filing and husband is not the father, unless paternity has been established by law or regulation.
- The grounds you choose will determine how much evidence and documentation you need to provide in court;
- The fault-based system can be more difficult and expensive because it requires proving wrongdoing on one spouse’s part;
- No-fault divorces may not necessarily lead to a quicker or less costly divorce if other issues like child custody, support or property division are disputed by both parties;
- Nebraska has a waiting period of 60 days from the date of filing before a no-fault divorce can be finalized;
- No-fault divorces require both parties to agree that their marriage is irretrievably broken and cannot be saved through counseling or other means;
- If one spouse disagrees about the breakdown of the marriage, it may still be possible to file for a fault-based divorce instead.
- No-fault divorces generally require less time and money than fault-based divorces because they do not involve proving wrongdoing on either spouse’s part;
- Nebraska allows couples who have irreconcilable differences, lived apart for at least two years or who mutually agree their relationship cannot be repaired due to counseling or other factors;
- An experienced family law attorney can help ensure you meet all legal requirements and protect your interests throughout a no-fault divorce case.
- The grounds for a fault-based divorce include adultery, cruelty, habitual drunkenness or drug addiction, mental instability and willful desertion;
- Proving fault can be difficult and expensive since you must provide evidence to convince the court of your spouse’s wrongdoing;
- If you do successfully prove fault, it may impact how assets and debts are divided between both parties;
Regardless of which grounds for divorce are used, it’s essential to work with an experienced family law attorney who can guide you through the legal process and protect your rights throughout your divorce case in Nebraska.
Explanation of Divorce Law in Nebraska
If you’re filing for divorce in Nebraska, it’s important to understand your rights under state law. An experienced family law attorney can help ensure you get a fair settlement while protecting your interests throughout the process.
Importance of understanding grounds for divorce
Here are a few reasons why understanding the grounds for divorce is essential:
Ultimately, working with an experienced family law attorney can help ensure that you choose the correct grounds for your situation and protect your interests throughout the entire process.
No-Fault Divorce
No-fault divorce is the most common type of divorce filed in Nebraska. Here are some things you should know:
An experienced family law attorney can help ensure that your no-fault divorce goes as smoothly as possible while protecting your rights and interests throughout the process.
Definition of No-Fault Divorce
Here are a few important things to keep in mind about no-fault divorces:
Eligibility for No-Fault Divorce in Nebraska
In cases where fault grounds are used instead of no-fault grounds, it’s important to work with an experienced family law attorney who can help you understand your rights and options under Nebraska law.
Process of filing for No-Fault Divorce
This is just an overview; every case is unique based on each individual’s circumstances. An experienced family law attorney can guide you through this complex legal process and help ensure that everything goes smoothly while protecting your rights throughout it all.
Fault Divorce
Fault divorce is an option in Nebraska, but it requires one spouse to prove that the other spouse was at fault for causing the breakdown of the marriage. Here are some things to know about fault-based divorce in Nebraska:
It’s important to work with an experienced family law attorney if you’re considering filing for a fault-based divorce. They can help guide you through the process while protecting your interests.
Definition of Fault Divorce
Fault divorces require proof of wrongdoing by one party. This evidence can include testimony from witnesses or documents like emails or text messages. If you’re considering filing a fault-based divorce in Nebraska, consulting with an experienced family law attorney can help ensure your rights are protected throughout the process.
Grounds for Fault Divorce in Nebraska
Keep in mind that proving any of these faults will require significant evidence-gathering efforts and can sometimes result in long court battles. It’s important to work closely with an experienced family law attorney who can help guide you through the process and protect your interests throughout.
Adultery
If you’re filing for divorce on grounds of adultery in Nebraska, here’s what you need to know:
- You will need to provide evidence that your spouse engaged in an extramarital affair;
- The court may consider any property or assets acquired during the affair as marital property subject to division;
- The adulterous conduct must have been a substantial contributing factor to your decision to end your marriage.
An experienced family law attorney can help ensure that you have sufficient proof and documentation needed for proving adultery if it occurred and guide you through legal proceedings effectively.
Desertion
One of the grounds for divorce in Nebraska is desertion. Desertion occurs when one spouse willfully abandons or deserts the other without justification or consent, with no intention to return.
If you are considering filing for a divorce based on desertion, there are a few things you should know:
- In Nebraska, willful desertion must continue uninterrupted for at least two years before it can be used as grounds for divorce;
- The deserted spouse must have done everything possible to locate and contact their absent partner;
- The deserted spouse must not have contributed to the abandonment through fault of their own such as abuse, cruelty or mistreatment towards their partner;
An experienced family law attorney can help you determine if your situation meets the requirements for filing a divorce based on desertion and guide you through the process while protecting your rights.
Cruelty
Here are a few examples of what may be considered cruel behavior:
- Physical abuse, such as hitting, slapping, kicking or shoving;
- Verbal or emotional abuse, such as yelling, name-calling, threatening or intimidating;
- Mental illness or addiction that causes erratic behavior and creates an unsafe living environment for the other spouse;
If you’re considering filing for divorce on the grounds of cruelty, it’s important to work with an experienced family law attorney who can help you prove your case in court while protecting your interests throughout the process.
Substance abuse
If you’re considering filing for divorce due to your spouse’s substance abuse issues, here are some things to keep in mind:
- You’ll need to provide evidence that your spouse’s addiction has impacted your marriage and made it impossible to continue;
- The court may order drug or alcohol testing and require treatment as part of any settlement agreement;
- If child custody is an issue, substance abuse by either parent can play a significant role in determining who will have primary physical custody and how visitation will be structured.
It’s important to work with an experienced family law attorney who understands the complexities involved in divorcing a spouse with substance abuse problems. They can help guide you through this difficult process while protecting your legal rights.
Imprisonment
In Nebraska, imprisonment is not a separate ground for divorce. However, it can be considered as part of the fault-based grounds for divorce.
Here are some important things to know about how imprisonment can affect your divorce:
- If one spouse has been imprisoned and convicted of a felony or other serious crime, this could be used as evidence of fault in a fault-based divorce case;
- The incarcerated spouse’s criminal conviction may also impact child custody and visitation rights;
- If you’re seeking to file for divorce while your spouse is still in prison, you may need to take additional steps to ensure that they receive notice of the proceedings and have an opportunity to respond.
An experienced family law attorney can help guide you through these complex issues and protect your rights throughout the entire process.
Insanity
It’s important to note that seeking a divorce based on insanity can be challenging. It often requires extensive medical evidence and testimony from experts who can attest to the individual’s mental health status. Working with an experienced family law attorney can help ensure your rights are protected throughout this process.
Fraud or Misrepresentation
To use fraud or misrepresentation as grounds for divorce, you must have evidence that your spouse engaged in this type of behavior and that it was material enough to impact the decision to marry. Working with an experienced family law attorney is essential when using these types of grounds for divorce because proving them can be difficult without proper legal guidance.
Process of filing for Fault Divorce
- File a complaint or petition with your county court;
- Provide sufficient evidence to prove your spouse was at fault or caused the breakdown of your marriage;
- Attend court hearings and present evidence in support of your claims;
- If successful, obtain a decree of divorce from the court.
The process for obtaining a fault-based divorce can be complex and time-consuming. Working with an experienced family law attorney who understands Nebraska’s legal system can help ensure that you meet all necessary requirements and protect your interests throughout the entire process.
Legal Separation
Legal separation is an alternative to divorce that can be a good option for couples who are uncertain about their relationship’s future. It allows them to live apart and divide property, assets, and debts without ending the marriage officially.
Here are some things you should know about legal separation in Nebraska:
- Nebraska law provides guidelines for how property will be divided in a legal separation case;
- If one spouse files for legal separation but later decides to divorce, they may need to file additional paperwork and provide evidence of the reasons behind the change;
- During a legal separation period, both parties are still legally married; therefore, neither spouse can remarry until they’ve obtained a formal divorce decree from the court.
Definition of Legal Separation
Legal separation is a process that allows couples to separate their lives and assets without ending their marriage. In Nebraska, legal separation is also known as “separate maintenance” or “limited divorce.”
Here are some key things to understand about legal separation:
- A legal separation does not end the marriage, so neither spouse can remarry;
- During a legal separation, both parties can live apart and establish separate households;
- The court will issue orders regarding child custody, visitation, support and property division during a legal separation just as it would in a divorce case.
Reasons for filing for Legal Separation
Legal separation can address many of the same issues as a divorce, including child custody and support, spousal support, and property division. However, unlike a divorce where the marriage is terminated entirely, with legal separation the couple remains legally married but living separately.
If you’re considering filing for legal separation in Nebraska or have questions about your options when it comes to ending your marriage, consult an experienced family law attorney who can guide you through this complex process and help protect your rights every step of the way.
Process of filing for Legal Separation
The process of filing for legal separation is similar to divorce proceedings, including:
- Filing a complaint or petition with the appropriate court;
- Serving notice on your spouse and providing them with an opportunity to respond;
- Negotiating issues like property division, child custody and support payments;
- If no agreement can be reached, presenting evidence at trial before a judge who will make decisions about how these matters will be resolved.
An experienced family law attorney can help guide you through this complex process while ensuring your rights are protected along the way.
Annulment
To file for an annulment in Nebraska, you will need to provide evidence supporting your claim that your marriage meets one of these criteria. Working with a family law attorney can help ensure that you have everything you need to make a successful case for an annulment.
Definition of Annulment
Here’s what you need to know about annulments:
- An annulment can only be granted in specific circumstances where the marriage was not valid from the beginning;
- Grounds for annulling a marriage include fraud, duress, mental incapacity or lack of consent at the time of marriage;
- If your petition for annulment is successful, your marital status will return to “single” rather than “divorced”.
To determine whether an annulment is possible and appropriate in your case, it’s important to speak with an experienced family law attorney who can advise you on your rights and options under Nebraska law.
Grounds for Annulment in Nebraska
If you believe your situation may qualify for an annulment rather than a divorce in Nebraska, consult with an experienced family law attorney to learn more about your options and how best to proceed.
Bigamy
If you suspect that your spouse may be committing bigamy or if you need help navigating the complexities of divorce law in Nebraska, reach out to an experienced family law attorney for guidance and support.
Consanguinity
An experienced family law attorney can help advise you on how consanguinity might impact your particular situation and guide you through any legal hurdles associated with this issue.
Lack of consent
In Nebraska, if one party objects to the divorce, the court will only grant it if they find that:
- The parties have lived separately and apart for two years or more;
- The objecting party has been declared legally incompetent;
- The objecting party has abandoned the other spouse for at least two years before filing; or
- A marriage is irretrievably broken due to incompatibility or irreconcilable differences despite efforts at reconciliation.
If you’re facing a lack of consent issue in your divorce case, it’s essential to work with an experienced family law attorney who can guide you through this complex legal process and protect your rights throughout your case.
Fraud or Misrepresentation
If you suspect that your spouse has engaged in fraud or misrepresentation during your marriage, it’s essential to speak with an experienced family law attorney as soon as possible to understand your legal options and protect your interests throughout the process.
Impotency
In Nebraska, impotency is a legal ground for divorce. If one spouse is unable to engage in sexual relations due to physical or psychological issues, it may be possible to file for divorce on these grounds.
Here are a few key points to keep in mind:
- The law does not require that the condition existed before marriage or was unknown prior to the wedding;
- It’s important to note that impotency must be total and incurable – temporary or partial impotence will not be sufficient;
- If you’re considering filing for divorce based on impotency, it’s essential to work with an experienced family law attorney who can help guide you through the process and ensure that your rights are protected throughout your case.
Process of filing for Annulment
The following are some of the grounds for obtaining an annulment:
- Fraud or misrepresentation (such as lying about being pregnant);
- One spouse was underage at the time of the marriage;
- One spouse lacked capacity to consent to the marriage due to mental incapacity, drugs or alcohol;
- The marriage was entered into under duress or force;
- The parties are closely related by blood.
If you’re considering seeking an annulment in Nebraska, it’s essential to work with an experienced family law attorney who can guide you through the process and help ensure your rights are protected every step of the way.
Conclusion
Your attorney can help ensure that your rights are protected, your interests are represented and your future financial stability is safeguarded during this difficult time. They will also provide guidance on any legal requirements specific to Nebraska that must be followed when filing for divorce in the state.
If you’re considering filing for divorce or have already begun the process, contact a skilled family law attorney today to discuss your options and get started on the path toward a brighter future.
Summary of Divorce Law in Nebraska
If you’re considering filing for divorce in Nebraska, it’s crucial to work with an experienced family law attorney who can help ensure you get a fair settlement while protecting your interests throughout the process. With their help,you can navigate the legal system with confidence knowing they will provide guidance every step of the way.
Importance of seeking legal counsel for divorce proceedings
At each step of the way, an experienced family law attorney can provide guidance tailored to your specific situation and help ensure that your interests are protected throughout the proceedings.
FAQ on ‘Divorce Law: Grounds for Divorce in Nebraska’
Do I need to prove fault to get a divorce in Nebraska?
No, Nebraska is a no-fault divorce state. You can obtain a divorce based on irretrievable breakdown of the marriage with no reasonable prospect of reconciliation without proving fault.
How long do I need to be a resident of Nebraska to file for divorce?
You or your spouse must have been a resident of Nebraska for at least one year prior to filing for divorce.
Can I file for divorce online in Nebraska?
No, you cannot file for divorce online in Nebraska. You must file your petition for dissolution of marriage with the clerk of the district court in the county where you or your spouse resides.
How long does it take to finalize a divorce in Nebraska?
The length of time it takes to finalize a divorce in Nebraska varies depending on several factors such as whether there are contested issues and how busy the court’s docket is. Generally, an uncontested divorce may be finalized within 60 days after filing while a contested case may take several months or longer.