Nebraska Divorce Guide
Everything you need to know about filing for divorce in Nebraska — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Nebraska Divorce at a Glance
| Residency Requirement | 12 months in state |
| Waiting Period | 60 days — Under Neb. Rev. Stat. § 42-372, no hearing on the merits may be held until at least 60 days after the date the defendant was served. This 60-day waiting period begins the day after service is completed (personal service, voluntary appearance filing, or last date of publication). |
| Filing Fee | $164(fee waiver available) |
| No-Fault Grounds | Irretrievably Broken Marriage |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — Nebraska offers e-filing through the Nebraska Judicial Branch eFiling system (https://www.nebraska.gov/apps-EFILE/). E-filing is mandatory for all Nebraska attorneys. Self-represented litigants may also e-file by creating a Nebraska.Gov subscriber account. E-filing is available for all case types in the JUSTICE case management system. |
| Response Window | 30 days — The defendant has 30 days from the date of service to file an answer or responsive pleading with the court. |
Grounds for Divorce in Nebraska
The marriage is irretrievably broken
No-Fault Grounds
- Irretrievably Broken Marriage — Under Neb. Rev. Stat. § 42-361, the only ground for dissolution in Nebraska is that the marriage is irretrievably broken. Both parties may certify in writing that the marriage is irretrievably broken and that they have made every reasonable effort to effect reconciliation. Nebraska has eliminated all fault-based grounds for dissolution.
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How to File for Divorce in Nebraska
Meet Residency Requirements
You must have lived in Nebraska for at least 12 months before filing. Under Neb. Rev. Stat. § 42-349, at least one of the parties must have had actual residence in Nebraska with a bona fide intention of making it their permanent home for at least one year prior to filing, OR the marriage was solemnized in Nebraska and either party has resided in the state from the time of marriage to filing. Military personnel stationed at any Nebraska base for one year are deemed residents. Note: Nebraska uses the term 'dissolution of marriage' rather than 'divorce.'
Complete Your Forms
Nebraska requires 2 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $164 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff, Voluntary Appearance, Certified Mail, Service by Publication. The plaintiff may not personally serve the defendant. The method of service affects when the 60-day waiting period begins.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Nebraska
Dissolution of Marriage Terminology
Nebraska uses the term 'dissolution of marriage' rather than 'divorce.' The proceedings are governed by Neb. Rev. Stat. §§ 42-347 through 42-381.
Mandatory Parenting Education
Under Neb. Rev. Stat. § 42-364, parents with minor children must complete a parenting education course during the 60-day waiting period. Both parents must file a Certificate of Completion (DC 6:5.5) with the court before the dissolution can be finalized.
Mandatory Parenting Plan
Under Neb. Rev. Stat. § 42-364, both parties must file a parenting plan addressing custody, parenting time, and decision-making. If parties cannot agree, the court may order mediation or specialized alternative dispute resolution.
One-Third to One-Half Property Division Guideline
Nebraska courts follow a 'one-third to one-half' guideline when dividing marital property, meaning each spouse typically receives between one-third and one-half of the marital estate.
Mandatory Requirements
Parenting Course Required
Under Neb. Rev. Stat. § 42-364, parents with minor children must complete a parenting education course during the 60-day waiting period. The Certificate of Completion (DC 6:5.5) must be filed with the court before the dissolution can be finalized. Courses typically cost $25-$50 per parent and are available online.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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