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Nebraska Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Getting divorced in Nebraska. she has terminal cancer. She's still on my health insurance. Proceed with divorce?

Do I spend money to file? I assume if I we don't proceed I'd be responsible for unpaid medical.

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Yes, you are potentially responsible for your spouse's medical debt in Nebraska, especially if you are the guarantor of the party's health insurance. In Nebraska, a divorce is a process that includes a 60 day mandatory waiting period before you can finalize the divorce, even if both... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I think my husband filed for a divorce back in 2020 after us being separated 7 yrs whole he was in prison behind my back

I found court papers he filled out when he was in prison in Nebraska State. They called it "dissolution of marriage" which he wrote down that he didn't know how to contact me and tried my parents phone but no one ever answered. There is a notary signature on it. My question is how do... View More

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

You can go on the State of Nebraska Judicial Branch website and search for court cases under your name and his name. If you have a divorce case in Nebraska, it should show as a court case in Nebraska under the parties' names. I believe there is a relatively small fee to search for... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally, property that was purchased in the marriage is marital. However, if a pre-marital asset or pre-marital funds were used to purchase the property during the marriage, then that part of the property may be a pre-marital asset. The burden is on the spouse arguing that the asset is... View More

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 30, 2023

You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Been separated from husband several years but not legally divorced. He recently married another woman...this legal?
Julie Fowler
Julie Fowler
answered on Jul 1, 2023

You can't legally marry in Nebraska if you are already married. The second marriage would be void.

It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve...
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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Julie Fowler
Julie Fowler
answered on May 9, 2023

There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.

If the complaint is not fixable, you may need to file the complaint again as a new...
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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 9, 2023

Hello. There is a lot of more specific information required for an attorney to help make sure you followed everything required. I'm assuming that you are talking about an original divorce action where you are the Plaintiff based on your characterization of this question as divorce. Your best... View More

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2 Answers | Asked in Divorce for Nebraska on
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... View More

Brad Marsicek
Brad Marsicek
answered on Dec 28, 2022

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... View More

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2 Answers | Asked in Divorce for Nebraska on
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... View More

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

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... View More

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1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Is there a waiver to waive child support in nebraska if neither party wants it.
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

If neither parent wants to pay or receive child support and the child lives with a parent, the parents can ask for the child support order to be terminated. This is generally done through filing a motion and order to terminate child support or through a modification action, depending on the facts... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... View More

2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated... View More

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 26, 2022

Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Order & Non-Cust. parent lives in CO. I'm in NE. He didn't pay child support 1st 10 yrs, then min for >2 yrs in '20-'21

Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got... View More

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:

https://supremecourt.nebraska.gov/e-services/case-information-eservices

You...
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1 Answer | Asked in Divorce for Nebraska on
Q: My spouse doesn't want to come to divorce court in Nebraska I was told there is a waiver she can sign?

We agree on everything she is in California and won't sign the paper to appear so I can file. I was told by the District court there is a waiver she can sign so not to have to appear???

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 11, 2022

This might be two different questions from reading the above:

1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those...
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1 Answer | Asked in Divorce for Nebraska on
Q: If one party is terminally ill, can an exception be made to divorce waiting period of 6 months before remarriage?
Julie Fowler
Julie Fowler
answered on Apr 4, 2022

I have never heard of any exception to being able to remarry within the 6 months period. I have never seen a case or statute that says that the 6 month period is waivable in Nebraska. If a person meets the jurisdictional requirements to go forward with a divorce in another state, you might be... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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