Understanding Nebraska No-Fault Divorce Laws

If you need an Omaha no-fault divorce lawyer, contact Higgins Law at 402-933-7600 to schedule a consultation.

One of the most common misconceptions surrounding divorce law is the meaning of the term “no fault.” Most of these misconceptions have to do with thinking that “no fault” means that a divorce may be had with little court involvement or that one party’s bad acts are not relevant to any aspect of a domestic relations case. Further, many additionally confuse “no fault” with “uncontested.”

It used to be the case that to get a divorce in Nebraska, you had to prove abuse, abandonment, neglect or some other offense against the marriage. This need for the showing of fault has been removed by the statutory law; you no longer need to show a good reason for the court to grant a divorce — only that you want one. This removal of the need to prove fault is where the phrase and concept of no-fault divorce came from.

That, however, is not the end of the story regarding “fault”: Misbehavior and bad acts that touch on child custody, the division of debts and spousal support are still relevant to one degree or another. These bad acts are the stuff of contested divorces.

An uncontested divorce, by contrast, is one where the parties agree to the terms of a divorce: Asking the court to endorse their settled agreement by making the terms of their agreement the terms of the divorce, they are said to be not contesting its terms — hence, the term “uncontested.”

Experienced Representation In Contested And Uncontested Nebraska Divorce

If you and your partner are of the mind that you want to settle your dispute and proceed with an uncontested agreement, Higgins Law attorneys have the skill, experience and temperament to affect that end.

To schedule a consultation with an experienced Omaha divorce lawyer, call 402-933-7600 or complete our online contact form.