Divorce Isn’t Just a Process

When most people hear the word “divorce,” they picture courtrooms, paperwork, and conflict. But divorce is more than a legal process — it’s a deeply personal transition. It’s about where you’ll live, how you’ll parent, and what your life will look like moving forward.

At Plains Legal Group, we understand that divorce isn’t just about dissolving a marriage. It’s about protecting your stability, your children, and your future. That’s why we don’t just handle cases — we walk beside people as they move into the next chapter of their lives.

More Than a Case. It’s Your Life

Divorce is More than a process

Divorce changes more than your marital status — it reshapes your home, your routines, and your future. It carries fear, grief, and sometimes relief all at once. That’s why our first priority isn’t legal strategy — it’s understanding you. We listen to your story, your goals, and your concerns so we can build a path forward that reflects the life you want to create.

Clarity in the Confusion

Nebraska divorce law provides the rules — but no two cases look the same. From residency requirements to custody decisions and property division, every divorce has moving parts that can feel overwhelming. We simplify the process, explain your options in plain language, and help you make smart decisions at each step. The law may be complicated, but your path doesn’t have to be.

Resolution First | Trial-Ready Always

Our philosophy is simple: we’re about the family, not the fight. That means we pursue solutions that protect your children, your stability, and your dignity — without unnecessary battles. But when trial becomes the only way forward, we’re prepared to advocate fiercely on your behalf. With us, you gain both clarity and confidence: a partner who won’t just handle your case, but who will help you build your next chapter.

Nebraska Divorce Guide

What You Need to Know Before You File

Introduction

Divorce is not just a legal process; it’s a personal one. At Plains Legal Group, we believe that a well-informed client is an empowered one. This guide is designed to help you understand your rights, your options, and the path ahead.

Whether you're just considering divorce or already preparing to file, this guide will give you a professional, strategic overview of the process.

This guide will help you:

  • Understand Nebraska divorce laws

  • Make informed decisions about custody, property, and finances

  • Avoid common legal and strategic missteps

  • Prepare for what comes next

At Plains Legal Group, one of the hallmarks of our firm is simple:
We're about the family, not the fight. We believe that reaching fair and lasting agreements outside of the courtroom leads to better outcomes for everyone involved—especially children. While we are fully prepared to litigate when necessary, negotiated settlements often result in more sustainable, peaceful outcomes.

Let’s be clear—no one knows your life better than you. Handing your future over to a judge who meets you for a few hours in a courtroom and then makes decisions that affect your finances, parenting, and home life for the next 18 years should be a last resort—not a first strategy.

Greg Lake | Founder

Understanding the Nebraska Divorce Process

Residency Requirements:


You or your spouse must live in Nebraska for at least one year before filing for divorce.

No-Fault Divorce:


Nebraska does not require proof of wrongdoing. You must only show that the marriage is “irretrievably broken.”

Contested vs. Uncontested Divorce:

  • Uncontested: You agree on all issues—custody, property, support. This is typically faster and less expensive.

  • Contested: You disagree on one or more key issues. The court will decide.

Typical Timeline:


There’s a 60-day waiting period after service, but contested divorces can take 6–18 months depending on complexity.

First Steps – What to Do Before You File

Get Your Financials in Order

  • Tax returns, pay stubs, bank and retirement account statements

  • Make copies before accounts are closed or passwords are changed

Plan Living Arrangements

  • Do not move out without legal advice—it can affect custody and property claims

Secure Your Privacy

  • Change passwords, secure important documents

Watch What You Post

  • Assume texts, emails, and social media may end up in court

Parenting & Custody Overview

When it comes to children, courts prioritize stability, safety, and continuity. But no one understands your child’s needs better than you.

Types of Custody:

  • Legal Custody: Who makes major decisions

  • Physical Custody: Where the child lives

Joint vs. Sole Custody:

  • Joint custody is common, even if one parent has more time

  • Sole custody may be ordered if one parent is unavailable or unfit

Parenting Plans:


Required in all custody cases. Includes:

  • Weekly schedule, holidays, communication rules

  • Transportation, school decisions, and more

Best Interests Factors (Neb. Rev. Stat. § 43-2923):

  • Each parent’s relationship with the child

  • Capacity to provide emotional, physical, and educational support

  • Domestic violence, substance use, or neglect concerns

We strongly encourage resolving parenting plans outside of court. The court may approve your plan if it’s in the child’s best interests.


Letting a judge decide your child's daily schedule should be a last resort.

Property Division in Nebraska

Nebraska follows equitable distribution, not automatic 50/50 splits.

Marital Property includes:

  • Income earned during the marriage

  • Property acquired together

  • Retirement accounts, real estate, vehicles, and debts

Non-Marital Property includes:

  • Property owned before marriage

  • Gifts and inheritances

  • But: Commingling may turn non-marital into marital!

We aim to negotiate smart settlements, where one spouse may keep a house while the other retains retirement accounts, or debts are fairly offset by assets.

Litigating over furniture or vehicles often costs more than the items themselves. Focus on long-term outcomes.

Mediation & Alternative Dispute Resolution

We believe in using mediation early and often. It allows you to control the process and reduce conflict.

Benefits:

  • Less expensive than trial

  • Quicker

  • Private and confidential

  • Less damaging for children

When It Works:

  • Both parties are willing to disclose finances

  • Both are open to compromise

When It Doesn’t Work:

  • Safety concerns (e.g., domestic abuse)

  • One party refuses to cooperate

Mediation is often mandatory in custody cases under Nebraska law. Even in contested property cases, a mediated solution is often smarter, faster, and more durable.

What to Expect in Court

Despite our best efforts, some cases must go to trial.

At Plains Legal Group, we have deep trial experience. If the courtroom is where your rights must be protected, we’ll be ready. We prepare every case as if it may go to trial.

But: when you control the outcome, the result is almost always better for your family.

Typical Court Steps:

  1. Temporary hearings (for custody, housing, support)

  2. Case management conferences

  3. Discovery and depositions

  4. Settlement negotiations

  5. Final trial (if no settlement)

Choosing the Right Attorney

Look for a lawyer who:

  • Has courtroom experience

  • Has a record of successful settlements

  • Understands custody law and financial strategy

  • Will tell you the truth—not just what you want to hear

At Plains Legal Group:

  • We are trial-tested, but resolution-focused

  • We care about your whole life, not just your case file

  • We don’t make things worse—we build a future with you

Final Thoughts & Tools

Asset & Debt Checklist:

  • Real estate

  • Vehicles

  • Bank & retirement accounts

  • Loans & credit cards

  • Business interests

  • Digital assets

Typical Divorce Timeline:

  1. Consult with attorney

  2. File & serve

  3. Temporary orders (if needed)

Let’s Build Your Future

If you’re facing divorce or custody changes, you don’t have to go through it alone. Schedule a consultation with Plains Legal Group.

  1. We’ll protect your rights.
    We’ll help you move forward.
    We’ll help you design a better next chapter.

This guide is for general education and is not legal advice. Every case is unique. Consult an attorney to discuss your situation.

Email: [email protected]

Phone: (402) 603-1112

Address Office: 1299 Farnam St, Suite 370, Omaha Nebraska 68102