Family Law FAQ

What follows are general answers to common questions about divorce and family law matters. In many cases, the precise answer to any given question will depend on the facts of an individual case, particularly questions about how long a divorce will take. We encourage you to meet with our experienced Nebraska family law attorney to discuss your situation. Call Higgins Law in Omaha at 402-933-7600 or fill out our online form to schedule a meeting with a lawyer.

What are grounds for divorce in Nebraska?

Nebraska is now a no-fault divorce state, meaning that you do not have to prove grounds, or specific wrongdoing by your spouse, to get a divorce. However, abuse or marital misconduct may still affect the settlement, as we discuss here.

Is there a residency requirement to get divorced in Nebraska?

Yes. You or your spouse must have lived in Nebraska for at least one year before filing for divorce in the state. If you have been married for less than a year, you may still file for divorce if you were married in Nebraska and have lived in the state for the duration of your marriage.

How is child custody determined in Nebraska?

Child custody decisions are guided by the best interest of the child or children. Courts may consider a wide range of factors before awarding custody, including the relationship between the parents, each parent's work schedule, the child's own preference, the ability of each parent to provide a suitable home environment for the child and any history of domestic violence or substance abuse. Although some people still assume that mothers are more likely to receive custody than fathers, the gender of a parent should not be a factor in determining custody. You can read about the different types of custody here.

Can I move with my children after divorce?

If you have sole or joint custody of your children, you will need to petition the court before you can permanently move with your children. It is important to contact an attorney as soon as you begin considering a move or as soon as you learn that your co-parent is considering a move. As with initial custody determinations, the court will need to determine whether the move is in the best interests of your children.