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.

General Divorce FAQs – Nebraska

Thinking about divorce in Nebraska can feel overwhelming. At Plains Legal Group, we help clients find clarity and confidence during one of life’s hardest transitions. These answers cover the most common questions Nebraskans ask about divorce, custody, and support — and how to protect your future with calm, informed decisions.

1. How do I file for divorce in Nebraska?

To start a divorce in Nebraska, one spouse files a Complaint for Dissolution of Marriage in the District Court of the county where either spouse lives. The court then issues a summons, and the other spouse must be formally served. Nebraska is a no-fault divorce state, which means you only need to show that the marriage is “irretrievably broken.”

2. How much does a divorce cost in Nebraska?

The cost depends on whether the case is uncontested or contested. An uncontested divorce may only involve filing fees and a modest attorney fee, while contested cases involving custody or property disputes can range from several thousand dollars upward.

3. How long do I have to live in Nebraska to file for divorce?

Either you or your spouse must have lived in Nebraska for at least one year before filing. If you were married in Nebraska and have lived here your entire married life, the one-year rule can be waived.

4. How long do my children have to live in Nebraska for custody to apply?

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a Nebraska court usually needs the child to have lived here for six months before it can decide custody. Exceptions exist for emergency situations or when both parents agree Nebraska should handle the case.

5. Do I have to prove fault to get divorced in Nebraska?

No. Nebraska is a no-fault divorce state. You don’t have to prove wrongdoing such as adultery or abuse. The only legal ground is that the marriage is “irretrievably broken.” Fault may still matter when dividing property or determining custody, but it’s not required to end the marriage.

6. How long does a divorce take in Nebraska?

Nebraska has a mandatory 60-day waiting period from the date the other spouse is served before a divorce can be finalized. Uncontested divorces often finish within a few months, while contested cases can take longer depending on court schedules and discovery issues.

7. What if my spouse won’t sign the divorce papers?

A spouse cannot prevent a divorce by refusing to sign. If they’re properly served and fail to respond, the case can proceed by default. The judge may grant the divorce and divide property even without their cooperation.

8. What’s the difference between legal separation and divorce?

A legal separation doesn’t end the marriage but allows couples to live apart with formal court orders for custody, support, or property. A divorce ends the marriage entirely. Many people start with separation while working toward resolution.

9. How is property divided in a Nebraska divorce?

Nebraska follows an equitable distribution rule — meaning property is divided fairly, not necessarily 50/50. Courts consider factors like the length of marriage, contributions of each spouse, and economic circumstances.

10. How does child custody work in Nebraska?

Custody is divided into legal custody (decision-making) and physical custody (where the child lives). Nebraska courts focus on the best interests of the child, often encouraging shared parenting when it’s healthy and safe.

11. How is child support calculated in Nebraska?

Child support follows the Nebraska Child Support Guidelines, which account for both parents’ incomes, parenting time, health insurance, and daycare costs. Support can be modified later if income or parenting time changes significantly.

12. Can I get alimony (spousal support) in Nebraska?

Possibly. Courts consider factors such as the length of the marriage, each spouse’s income and earning capacity, and their contributions during the marriage. There’s no automatic formula for alimony — it’s decided on a case-by-case basis.

13. What happens if my spouse and I already agree on everything?

If you both agree on property, custody, and support, you can file an uncontested divorce. These are faster, less expensive, and less stressful. You’ll still go before a judge briefly to finalize the decree, but the process is straightforward.

14. Do I have to go to court for a divorce?

In most cases, yes — at least once, even if it’s uncontested. The final hearing is typically short and verifies that all legal requirements have been met. Some counties allow remote hearings under certain circumstances.

15. Can I represent myself in a Nebraska divorce?

Yes, but it’s risky if children, property, or retirement accounts are involved. Divorce law has procedural and financial nuances that can be costly to fix later.

16. What should I bring to my first meeting with a divorce lawyer?

Bring recent pay stubs, tax returns, bank statements, mortgage or lease documents, and any existing court orders. If children are involved, include parenting schedules or relevant communications. The more prepared you are, the more productive the first meeting will be.

17. How can I protect my finances during a divorce?

Gather documentation of all assets and debts early. Avoid moving or hiding money — it can backfire in court. Track all joint accounts and consider closing shared credit lines once advised.

18. What if my spouse hides money or assets?

Nebraska courts take concealment seriously. You can request discovery, subpoenas, and financial affidavits to uncover hidden accounts. Judges can penalize a spouse who acts dishonestly.

19. How does mediation work in a Nebraska divorce?

Mediation is a confidential process where a neutral mediator helps couples reach agreements on property, custody, and support. It’s often required before trial in Nebraska custody cases.

20. How do I modify custody or child support after the divorce?

You can request a modification if there’s been a material change in circumstances — such as income shifts, relocation, or changes in a child’s needs. The court reviews whether the change justifies altering the previous order.

Email: [email protected]

Phone: (531) 541-6291

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