Frequently Asked Questions About Divorce
If you are going through a divorce, you likely have many questions you want answered. The best way to get the tailored legal advice you need is to set up a consultation with a lawyer at Whelan Law Office. You will have a chance to ask your questions and receive answers that are specific to your situation. Simply call our Omaha office at 402-513-0504 to set up a free initial consultation today.
You can also review some of the general divorce questions and answers below.
What are the grounds for divorce in Nebraska?
Nebraska uses a no-fault standard, which means a spouse only needs to show that the marriage is irretrievably broken. The court does not require any evidence of misconduct, and neither spouse must prove wrongdoing to proceed with a divorce.
Although fault is not a requirement, certain behaviors can still influence official decisions about custody, property division or support. Courts may also consider safety concerns, financial instability or communication issues when evaluating what arrangements serve a family’s best interests.
How long does the divorce process take?
In Nebraska, couples must follow a mandatory 60-day waiting period after the non-filing spouse is served before a divorce may be finalized. This waiting period applies even when spouses agree on all issues. The total length of the case depends on factors such as contested custody matters, disagreements over property or the need for temporary orders.
Cases involving complex assets or limited cooperation may take significantly longer. Other issues that can extend the divorce timeline in Nebraska include court availability and schedules, required parenting classes and the need for expert evaluations to help with financial and child-related matters.
What is the difference between legal separation and divorce in Nebraska?
Divorce permanently ends the marriage and allows each spouse to remarry. In contrast, a legal separation allows spouses to live apart but remain legally married. Both processes require similar filings and court involvement, so it is important to fully consider your long-term goals before choosing one.
Many opt for legal separation instead of divorce for financial, religious or personal reasons. Others may choose this path to evaluate reconciliation or plan for future financial changes.
What is the difference between contested and uncontested divorce?
A contested divorce arises when you and your spouse cannot agree on the terms of your marriage dissolution. By contrast, an uncontested divorce occurs when both spouses are fully aligned on all terms for dissolution.
A contested divorce can arise if you cannot agree on even a single material issue, either property division, alimony, child custody, parenting time or child support. Contested divorces require litigation, often taking longer and are more expensive.
An uncontested divorce is significantly faster and far less stressful. Whether your case is contested or uncontested, we can step in immediately to protect your rights.
Can I get a divorce if my spouse does not agree?
Yes, you can proceed with the divorce even if your spouse does not agree. Nebraska is a no-fault divorce state, which means you only need to prove that your marriage is irretrievably broken. As such, your spouse’s refusal to cooperate does not stop the process.
Generally, you file a Complaint for Dissolution with the clerk of the district court in the county where you or your spouse lives and serve the spouse with the divorce papers. If there is no response within 30 days, our divorce attorney can help request a default judgment. It allows the court to proceed with the divorce without their participation.
What is a no-fault divorce?
A no-fault divorce means you can file for a marriage dissolution without requiring proof of wrongdoing, such as infidelity by your spouse. The only legal ground required by Nebraska courts is to prove the marriage is irretrievably broken.
While this method is designed to streamline the process and reduce unnecessary conflict, battles may arise over assets, child custody and spousal support. Hiring our divorce attorney can help protect your finances and your parental rights.
How is property divided in a divorce?
Nebraska follows an equitable distribution rule, which means property is divided fairly, although not necessarily equally (50/50). State courts have broad discretion to adjust that division based on several factors.
First, they must analyze marital property, such as assets and debts acquired during the marriage, and separate property, such as inheritances. Marital property is subject to division, while separate property remains with the original owner unless it has been commingled.
Other factors the court considers include:
- The marriage duration
- Each spouse’s income and earning capacity
- Contributions to the marriage
- Child custody arrangements
The outcome heavily depends on how your case is presented. Our lawyer can effectively represent you to help ensure your rights are protected.
Do I need to hire a lawyer for my divorce?
While Nebraska does not require spouses to hire an attorney, legal representation can help protect your rights during the process. Self-represented spouses must follow the same rules and procedures as attorneys, which can be difficult during an emotionally stressful time.
A lawyer can also help identify issues that may not be immediately obvious, such as tax implications, retirement division or long-term parenting concerns. They can also reduce conflict by helping spouses communicate more effectively and avoid procedural mistakes. Even in an uncontested case, legal guidance helps prevent errors that are difficult to correct later.
Will I receive alimony?
Alimony (technically called spousal maintenance in Nebraska) is intended to help a lesser-earning spouse become financially independent, if possible. In most cases, it only lasts a certain length of time. In some cases, especially where both spouses earn relatively the same amount, alimony is completely unnecessary.
Before awarding spousal maintenance, the court will look at a wide array of factors, including the length of the marriage, the earning ability of each spouse, any premarital agreements and the division of marital assets.
What is the difference between sole and joint custody?
Sole legal custody means that one parent carries all the responsibility for major decisions. Joint legal custody, on the other hand, lets both parents share the burden of making decisions related to the child’s healthcare, education, religious instruction and other important matters.
Joint physical custody is when the parties share the parenting time on an equal or nearly equal basis. Sole physical custody is when one person has primary possession of the minor children and the other parent has parenting time on a limited basis.
How much will it cost to get a divorce?
The expense associated with divorce will depend on many factors. One of the most significant is whether the matter is settled between the parties or the judge issues a final order after a trial. The more contentious a divorce, the more expensive it will be. Resolving your divorce concerns through mediation or negotiation is typically far faster and more economical than taking the case to trial. We can advise you about all your options.
Can I change a court order later on?
If your circumstances have significantly changed since the original divorce decree was issued, you can seek a modification. For instance, you may have lost your job and need to modify the amount of child support you pay, or you may need to modify a custody order so that your child lives primarily with you. No matter the circumstances of your situation, we are here to advise you.
What happens to our home in a divorce?
Nebraska courts classify the home as marital or nonmarital (separate) property before deciding how to divide it. A home purchased during the marriage with marital funds is usually considered marital property. A home owned by one spouse before the marriage may remain nonmarital unless marital funds or efforts increase its value.
Courts may award the home to one spouse, order a sale or allow a buyout. A buyout requires one spouse to pay the other for their share of the equity. A sale may occur when neither spouse can afford the home or when a buyout is not practical. You should review your mortgage obligations, tax issues and long‑term affordability before selecting an approach.
How is child support calculated?
Nebraska uses statewide Child Support Guidelines to calculate support obligations. The guidelines consider each parent’s income, parenting time schedule, health insurance costs and childcare expenses. Courts may also review extraordinary medical needs or other specific financial circumstances.
The guidelines produce a presumptive child support amount, but courts may deviate from that amount when evidence shows it would be unfair. However, any deviation from the formula must be supported by evidence in writing. Since support calculations rely on accurate financial information, complete income documentation is essential.
Can I modify custody arrangements after the divorce is finalized?
In many cases, yes. Nebraska child custody orders may be modified when a material change in circumstances occurs after the final decree. The change must be significant, unanticipated and directly related to the child’s best interests. Examples may include major schedule changes, relocation, safety concerns or substantial shifts in a child’s needs.
Courts will not modify custody based on minor disagreements or parenting conflicts. The requesting parent must show that modification is necessary to protect or advance the child’s well‑being. If the court determines that modification serves the child’s best interests, it may adjust legal custody, physical custody or parenting time.
What happens to retirement accounts and pensions in a divorce?
Retirement assets earned during the marriage are generally treated as marital property in Nebraska. This includes 401(k) plans, IRAs, pensions and similar accounts. Contributions made before the marriage may remain nonmarital, but the marital portion is subject to equitable division.
Courts often require a qualified domestic relations order (QDRO) to divide employer‑sponsored retirement plans. This order instructs the plan administrator on how to transfer the awarded share. IRAs may be divided through a direct transfer without a QDRO.
Valuation, tax treatment and plan rules vary, so accurate documentation is necessary to help ensure a fair and proper division.
What does “removal from jurisdiction” mean?
Removal from jurisdiction involves the relocation of minor children to another state after a custody order has been entered. During a child custody case or even after a case has been decided, some parents need to move to another state due to work, remarriage, educational opportunities or to assist their families. In these cases, if the moving parent wishes to move with their minor children, they will first need to obtain permission from a judge.
Cases involving the relocation of minor children from Nebraska to another state are often complex. Each case requires persuading a judge that the move is in the minor children’s best interests. Let us advocate on your behalf.
Do you have other questions? Call Whelan Law Office today at 402-513-0504 or contact us online to set up a consultation with an attorney.