Nebraska Dissolution FAQ — Most Common Questions (2026)

The Basics

Does Nebraska have any fault-based grounds for dissolution? No. Nebraska abolished fault grounds in 1972. "Irretrievable breakdown of the marriage" is the only ground. No fault or wrongdoing needs to be proven — you simply allege that the marriage has broken down irretrievably.

Why does Nebraska call it "dissolution of marriage" instead of "divorce"? Nebraska law uses "dissolution of marriage" as the official legal term (Neb. Rev. Stat. § 42-347). The legal effect is identical to what most people call a "divorce." Always use "dissolution of marriage" on Nebraska court forms.

Does Nebraska really have a 1-year residency requirement? Yes. One party must have lived in Nebraska for at least 1 year before filing. This is longer than most states. Confirm your residency duration before filing.

The 60-Day Waiting Period

When does the 60-day waiting period start? The 60-day period starts when the Respondent is served — not when the Petition is filed. This is Nebraska's most commonly misunderstood rule.

Can the 60-day waiting period be waived? No. Unlike Kansas, Nebraska does not allow the 60-day period to be waived. It is mandatory from the service date.

Children

Do I really have to take a parenting class? Yes, if you have minor children. Both parents must complete an approved parenting education program and file completion certificates. The dissolution cannot be finalized until both certificates are filed with the court.

What is the Nebraska Parenting Act? The Nebraska Parenting Act (Neb. Rev. Stat. § 43-2921 et seq.) governs all parenting matters in dissolution cases. It requires specific content in Parenting Plans and establishes standards for custody decisions. Your Parenting Plan must comply with these statutory requirements.

When does child support end in Nebraska? Nebraska child support ends when the child turns 19 — one of the longer durations nationally.

Property and Support

Is Nebraska a 50/50 state? No. Nebraska is an equitable distribution state — the court divides marital property fairly based on all circumstances, not necessarily 50/50.

How is alimony determined in Nebraska? There is no formula. Courts consider the duration of the marriage, each party's earning capacity, contributions to the marriage, standard of living, and other equitable factors.

Last reviewed: March 2026 | "Irretrievable breakdown" only ground | 1-year residency | 60-day wait FROM SERVICE DATE | Mandatory parenting education | Nebraska Parenting Act (§ 43-2921) | Child support ends at 19 | Equitable distribution | supremecourt.ne.gov | nebraskalegalhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.