- Waiting period
- 60 days
- Residency before filing
- 1 year[2]
All divorces (also the earliest point for a decree without hearing under § 42-361(3))[1]
Key facts: divorce in Nebraska
| Waiting period | 60 days[1] details ↓ |
|---|---|
| Residency requirement | 1 year[2] details ↓ |
| No-fault divorce | Yes (irretrievably broken)[3] details ↓ |
| Property division | Equitable distribution[4] details ↓ |
| Court mediation for custody | Required[5] details ↓ |
| Filing fee | $200[6] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Nebraska?
Not legal advice. These are plain-English summaries of Nebraska’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Nebraska.
Waiting period
60 days
A Nebraska divorce cannot be heard or decided until 60 days after service of process is completed.[1]
Neb. Rev. Stat. § 42-363 · checked October 26, 2026
Show statute text
“No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.”
Residency requirement
1 year
One spouse must have actually lived in Nebraska, intending to make it their permanent home, for at least one year before filing, unless the couple married in Nebraska and one spouse has lived there ever since; service members stationed in Nebraska for a year count as residents.[2]
Neb. Rev. Stat. § 42-349 · checked October 26, 2026
Show statute text
“No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the time of marriage to filing the complaint.”
No-fault divorce
Yes, no-fault available
A Nebraska court decides whether the marriage is irretrievably broken, considering the circumstances and the prospect of reconciliation if one spouse denies it.[3]
Neb. Rev. Stat. § 42-361 · checked October 26, 2026
Show statute text
“If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.”
Property division
Equitable distribution
The court orders a division of property that is reasonable given the spouses' circumstances, the length of the marriage and each spouse's contributions; the statute states the purpose is to distribute marital assets equitably.[4]
Community property in Nebraska: the statute quoted →
Neb. Rev. Stat. § 42-365 · checked October 26, 2026
Show statute text
“The purpose of a property division is to distribute the marital assets equitably between the parties.”
Court mediation for custody
Required
Under the Parenting Act, parties who have not filed a parenting plan by the court's deadline must be ordered into mediation or specialized alternative dispute resolution (a safety-focused process used where there is domestic intimate partner abuse or high conflict); the court may waive it only for good cause after an evidentiary hearing.[5]
Neb. Rev. Stat. § 43-2937(3)-(4) · checked October 26, 2026
Show statute text
“for cases filed on or after July 1, 2010, all parties who have not submitted a parenting plan to the court within the time specified by the court shall be ordered to participate in mediation or specialized alternative dispute resolution with a mediator, a court conciliation program, or an approved mediation center as provided in section 43-2938.”
Court mediation fees
Not yet verified
Start with this official source.
Filing fee
$200
The Nebraska Judicial Branch fee schedule lists a $200 total district court dissolution fee, which includes a $50 mediation fee and other statutory fees.[6]
Filing Fees and Court Costs, District Court item 3, Dissolution Fee · checked October 26, 2026
Show statute text
“3. Dissolution Fee Mediation Fee 33-106.03 50.00 Child Abuse Prevention Fee 33-106.03 25.00 Docket fee/County 33-106 35.00”
Alimony
Court decides from listed factors
Nebraska courts may order alimony that is reasonable in light of the parties’ circumstances, the length of the marriage, each spouse’s contributions (including child care and interrupted careers or education), and the supported spouse’s ability to work without harming minor children’s interests. No formula, cap or duration limit is set by statute.
Divorce rate
2.4 per 1,000 residents (2024)
Nebraska’s courts granted 2.4 divorces per 1,000 residents in 2024, down from 3.7 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 8.6 of every 1,000 women 15 and older in Nebraska divorced in the past year (±1.8; U.S. 6.9), a different measure.[8][9]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Nebraska: mediation vs. court →
How child support is calculated in Nebraska →
Official help: Self-Help (Nebraska Judicial Branch)
Mediators per 100,000: MediationList listings from official court and government rosters in Nebraska (166) ÷ population (2,005,465, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[7]
Questions about divorce in Nebraska
How long does a divorce take in Nebraska?
The law sets the minimum, not the total: A Nebraska divorce cannot be heard or decided until 60 days after service of process is completed. How long it takes after that depends on whether you agree and on the court's calendar. — Neb. Rev. Stat. § 42-363[1]
How long do you have to live in Nebraska to file for divorce?
One spouse must have actually lived in Nebraska, intending to make it their permanent home, for at least one year before filing, unless the couple married in Nebraska and one spouse has lived there ever since; service members stationed in Nebraska for a year count as residents. — Neb. Rev. Stat. § 42-349[2]
Is Nebraska a no-fault divorce state?
A Nebraska court decides whether the marriage is irretrievably broken, considering the circumstances and the prospect of reconciliation if one spouse denies it. — Neb. Rev. Stat. § 42-361[3]
Is Nebraska a community property state?
No. The court orders a division of property that is reasonable given the spouses' circumstances, the length of the marriage and each spouse's contributions; the statute states the purpose is to distribute marital assets equitably. — Neb. Rev. Stat. § 42-365[4]
Is mediation required for custody in Nebraska?
Under the Parenting Act, parties who have not filed a parenting plan by the court's deadline must be ordered into mediation or specialized alternative dispute resolution (a safety-focused process used where there is domestic intimate partner abuse or high conflict); the court may waive it only for good cause after an evidentiary hearing. — Neb. Rev. Stat. § 43-2937(3)-(4)[5]
How much does it cost to file for divorce in Nebraska?
The Nebraska Judicial Branch fee schedule lists a $200 total district court dissolution fee, which includes a $50 mediation fee and other statutory fees. — Filing Fees and Court Costs, District Court item 3, Dissolution Fee[6]
More
Sources
Nebraska’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Neb. Rev. Stat. § 42-363 (Nebraska Legislature)↩
- Neb. Rev. Stat. § 42-349 (Nebraska Legislature)↩
- Neb. Rev. Stat. § 42-361 (Nebraska Legislature)↩
- Neb. Rev. Stat. § 42-365 (Nebraska Legislature)↩
- Neb. Rev. Stat. § 43-2937(3)-(4) (Nebraska Legislature)↩
- Filing Fees and Court Costs (Nebraska Judicial Branch, effective 07-01-2026), District Court item 3, Dissolution Fee↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩