Jan E. Beran, Attorney at Law

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Divorce
Nebraska is a "no fault" divorce state. A party wishing to obtain a divorce does not have to prove any of the traditional fault grounds such as adultry, cruelty or abandonment. Instead the party seeking a divorce must prove that no further reasonable efforts at reconciliation will bring the parties back together.

Before a petition for dissolution can be filed, at least one of the parties must reside in the county where the petition is being filed and at least one of the parties must have resided in the state for one year. Parties who cannot satisfy the one year requirement are forced to obtain a separation until the residency requirement can be met.

The case is commenced by the filing of a petition for dissolution. The non-filing spouse must receive notice of the proceedings by either signing a voluntary appearance or by being served by the Sheriff. Once service is obtained, the parties must wait at least 60 days prior to the divorce trial even if it is settled.

A divorce is not final for purposes of remarriage until after 6 months from the date of the decree. For purposes of appeal a decree is final 30 days after the judge signs the order.

The Supreme Court of Nebraska has established Child Support Guidelines which fix the amount of child support the parties must pay. Alimony, division of property and debts, and issues relating to custody and visitation of minor and dependent children are matters which will be covered by the Decree.

From start to finish, a settled divorce can take place in as little as 60 days. Fees for a no property, no children divorce usually range from $350 to $750. All divorce fees vary depending on complexity of case. Filing fees for the District Court are $84.00 and additional charges for service may apply.


For an estimate of how much child support you (or your ex-spouse to be) might have to pay, email us the following information: gross incomes for both spouses, the number of children for whom the child support will be paid, the amount of health insurance (and who pays it) for the children, and whether either party currently pays child support for any other children. In the Subject portion of your email, be sure to state "CHILD SUPPORT ESTIMATE REQUESTED"

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This page last updated on: 12/30/00 5:35:55 PM