Nebraska Divorce Details
To understand a particular state's laws you need to dig back into their
history to see how that state was formed. For instance, states with a
long tradition of hunting might have more relaxed gun laws then a state
with concentrated urban areas. The same applies for divorce laws. Each
state has developed their specific divorce laws based on the needs and
requests of the citizens.
Nebraska can best be described as a "mixed bag" when it comes to
divorce law. Couples can file for either a no-fault or a fault based
divorce. The speed with which the divorce will be granted depends on
how much agreement there is between the parties. Regardless of those
conditions, a judge won't even consider a petition for the dissolution
of a marriage for at least 60 days.
No-fault versus Fault Divorce in
In a Nebraska no-fault divorce both spouses agree that the marriage is
basically broken beyond repair. They will then mutually sign the
agreement and be named co-petitioners. After 60 days, the divorce can
be granted. Hopefully, within those 60 days all the terms regarding
child custody and alimony have already been resolved. That is the
friendly or uncontested version of a divorce. If there are matters that
are contested like child custody, alimony or the distribution of a
property then that will all be settled before a judge.
The not so friendly version of a divorce is the fault divorce. However,
there are only two specific grounds for a fault divorce in Nebraska.
Either one spouse has a mental incapacity that prevents them from
signing the divorce papers or they are suffering from alcohol or drug
abuse. If either one of those factors can be proven then the petitioner
will be granted a fault divorce.
Annulments in Nebraska
Another method of ending a marriage is to seek a court sanctioned
annulment. If granted, the annulment allows all records of the marriage
to be expunged.
The grounds for an annulment have to be if the marriage was entered
into under fraud or duress, if it can be proven that the spouses are
actually related to one another, if it is an underage marriage (under
19 with parental consent or under 17 without parental consent), if the
spouse is found to be in a bigamous relationship or if they are
Nebraska Child Custody Laws
Whenever it is possible, the court will always put the needs of the
child first. This means awarding custody to whichever parent is deemed
the most worthy.
A judge will closely examine the relationship between the child and the
parents. They will also consider the child's own desires as it relates
to how old they are and where they want to live. Of course any evidence
of abuse will have a great impact on the final outcome of a child
custody case. Any child support agreements end when the child turns 19
or gets married.
Nebraska Alimony Laws
In Nebraska alimony can be granted as a lump sum, permanent or
temporary payments. The judge will consider the costs of bringing up a
child and the sacrifices the custodian will incur. They will also take
in account the current financial status of both spouses.