It is certainly true that most people have a reason why they want to get divorced. Maybe their spouse was unfaithful to the marriage, or maybe abuse has taken place within the home. Each case is unique, but there is something that causes the couple to move toward ending the marriage.
But does someone have to provide a reason to the court so that the divorce will be approved? Do they have to show that the other person was at fault when requesting a divorce?
No-fault divorce laws
This did used to be true, at least up until 1972. Prior to that, courts did want to see that someone was at fault in order to justify the divorce. Adultery and abuse are common reasons that were used.
But, like most other states, Nebraska now uses no-fault divorce laws. This means that the requirement for fault has been lifted, and no one has to prove it or defend against it.
In a modern divorce, all they have to show is that the marriage is irretrievably broken. But this can happen for almost any reason. Maybe the couple just isn’t happy being married. Maybe they have run into some financial troubles. Perhaps they have a difference of opinion about how to raise their child. The specific reason isn’t as important because the court isn’t trying to approve or deny the divorce. Instead, the court helps a couple sort out the details, like how to legally divide custody of their children or split up their assets.
No-fault divorce laws have changed the way divorce looks, often making it easier than it was in the past. But it’s still very important for couples who are going through this process to understand what legal steps they should take.