Getting Divorced
Neb. Rev. Stat. § 42-349 — one year of residence, an irretrievably broken marriage, and sixty days after service
One year. A dissolution action is brought only if one spouse has lived in Nebraska, intending to make it a permanent home, for at least one year before filing, or the marriage was solemnized here and one spouse has lived here since.
The question is whether the marriage is irretrievably broken. If both spouses say so under oath, or one does and the other does not deny it, the court makes the finding after a hearing.
Sixty days. No divorce is heard or tried until sixty days after service of process is perfected.
Sixty days or more after service, the court may enter a decree without a hearing if both spouses waive it and certify in writing that the marriage is irretrievably broken.
The court may order alimony and divide property as is reasonable, looking at the length of the marriage, each spouse's contributions including to the children, interrupted careers, and the ability to work.
Alimony that was not allowed in the original decree cannot be added later. A particular divorce is a question for a licensed Nebraska attorney.
Sources for this section (4)
- Neb. Rev. Stat. § 42-349 — Dissolution; residence
- Neb. Rev. Stat. § 42-361 — Marriage irretrievably broken; decree without hearing
- Neb. Rev. Stat. § 42-363 — Divorce; waiting period
- Neb. Rev. Stat. § 42-365 — Decree; alimony; division of property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.