Q: What’s considered incompatible for a divorce? To what degree does mental illness come into play?
I think my wife wants to divorce me only because she wants to. We did try marriage counseling for a year but nothing improved. Working individually with him separately seems to work better. I’m unsure to what degree our marriage is legally irretrievably broken as I think if we could just talk about things we can work things out. I’m currently in individual counseling for a mental illness. I just don’t think there’s anything specific or even a combination of things can’t be easily explained and resolved and understood. I just think my wife is choosing to be done just because she’s not happy and for no other reason. We may not always agree or get along but nothing that communication can’t improve. I think hind sight is 20/20 and if the marriage becomes a high priority and is truly focused on and worked through the relationship can thrive but only if my wife is open.
A: Nebraska is a no-fault divorce state. If your spouse is no longer willing to work on the marriage, your spouse will ultimately be able to obtain a divorce. Regardless of your the decision your spouse makes, you efforts to continue to seek help should continue. If you have a documented mental illness and unable to support yourself, you could qualify for spousal maintenance under Nebraska Rev. Stat. 42-362. This is not a common thing ordered by the Court and is very factually intensive for the Court to order this type of support. If this is something you want to explore, discuss it with an experienced divorce attorney. Otherwise, the Court will mainly focus on the division of assets and debts (and child custody and support , if applicable to your situation).
A: As Nebraska is a "no fault," you don't need to show much for the Court to find that the marriage is broken in order to obtain a divorce. Even if one party thinks the marriage is salvageable, an attempt at counseling and one spouse still wanting the divorce is generally enough for the Court to find that the marriage should be dissolved. The tricky part of the case is usually the financial issues (and custody, if children). The Court generally spends very little time deciding if the marriage is broken.
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