Divorce

Grounds are legally acceptable reasons for divorce. To file for divorce in Nebraska, you can file a petition stating that your marriage is irretrievably broken. If your spouse does not deny the statement or if your spouse agrees that it is broken, the judge will determine if in fact your marriage is broken. If your spouse denies that your marriage is broken, the judge will decide if your marriage is broken only after considering all relevant factors including:

1. the circumstances that caused you to file for divorce; and
2. any possibility for reconciliation (getting back together).¹

The judge may grant your divorce without a hearing if 60 days after you file:

• you and your spouse waive (give up) the requirement for a hearing;
• you both certify in writing that your marriage is irretrievably broken and you have made every reasonable effort to reconcile; and
• you both sign a written agreement that resolves all of the issues presented in your and your spouse’s divorce petition (for example, custody, alimony, etc.).²

¹ NE ST § 42-361(1),(2)
² NE ST § 42-361(3)