Nebraska Divorce & Separation
Getting a legal separation or divorce is of course common in every state, but what you may not realize is that the laws and rules governing these procedures can vary significantly from one state to the next, and Nebraska is no different. What are the requirements for getting a divorce in Nebraska? Is mediation a requirement before you can get a Nebraska divorce? What is the law on Nebraska annulments? Find the answers to your Nebraska divorce questions here.
Nebraska Legal Separation:
Legal separations are allowed in Nebraska and are available for those who do not meet the residency requirements for a divorce. Once the separation is granted, the court may modify or add to the decree in order to provide support and maintenance (either from a spouse or the property of either spouse) for minor children, and possible spousal support. A complaint for legal separation may also be amended to a divorce petition once the residency requirements are met.
Grounds for Divorce/Fault – No Fault:
Nebraska has only no-fault grounds for divorce. For no-fault divorces, “irretrievable breakdown” is the standard used to show grounds. If one party disputes the breakdown, the court considers all factors giving rise to the hearings before making its final determination.
Residency/Where to File for Divorce:
To file for divorce, one party must be a resident for a year before filing, and the petition for divorce should be filed with the local court in either party’s county.
Nebraska Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Nebraska:
For marriages with children, the court has the right to order counseling for the parents (parents’ education) and/or counseling for the children, which would likely involve the services of a well-trained, court-appointed mediator. The results of the mediation session are shared with the court. Where there is reasonable possibility of reconciliation, the Conciliation Court Law requires that the case be transferred to conciliation court in order to attempt amicable settlement of as many issues as possible.
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including: consent obtained by fraud, duress, one party’s minor status at time of consent, impotency at time of marriage, or mental illness at time of marriage.
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