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Nebraska Divorce Law

Divorce Laws in Nebraska

According to Nebraska divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement that there has been an irretrievable breakdown of the marriage. Fault grounds can include, but is not limited to, a lack of mental capacity at the point of marriage. Additionally, one of the spouses must have been a resident in the state of Nebraska, for at least one year prior to filing for divorce in NE.

Alimony and Equitable Distribution in Nebraska

Nebraska is known as an equitable distribution state. According to the divorce laws in Nebraska this means that all marital property, which is property acquired during the marriage, will be divided equitably or fairly, not necessarily equally. Separate property shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife without regard to marital fault. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid.

Nebraska Child Support and Child Custody

The main focus in determining child custody, according to Nebraska divorce law, is the best interest of the children. However, under NE divorce laws, joint custody will be awarded if both parents are in agreement. Such matters as the wishes of the child as well as his or her relationship with each parent shall be considered. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on net income set forth by divorce law in Nebraska.

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