Nebraska Residency Requirements
Residency requirements for filing for divorce in Nebraska. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
12
months minimum
County Residency
months minimum
Note: 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.'
Nebraska Residency Requirements Explained
Before you can file for divorce in Nebraska, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of Nebraska for a minimum of 12 months prior to filing your petition.
In addition to the state requirement, Nebraska also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in Nebraska as long as you personally meet the requirement.
How to Prove Nebraska Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid Nebraska driver's license or state ID
Active voter registration in Nebraska
Current lease agreement or mortgage for a Nebraska address
Nebraska state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in Nebraska
Bank statements showing a Nebraska address
Vehicle registered in Nebraska
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet Nebraska's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in Nebraska if:
- •They are currently stationed in Nebraska
- •They maintain Nebraska as their legal domicile (home of record)
- •Their spouse lives in Nebraska
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to Nebraska?
Start your countdown. Note the date you moved to Nebraska. You can file after 12 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your Nebraska divorce paperwork now so you can file the day you meet residency requirements.
Where to File in Nebraska
Once you meet Nebraska's residency requirements, you must file for divorce in the correct court. In Nebraska, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 12-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county