See if you Qualify in Nebraska
Online Divorce provides qualitative and approved by the court Nebraska divorce forms. The information below will help you understand more about the divorce in Nebraska.
If you want to get a divorce in Nebraska, then one of the spouses must live in the state for 1 year before filing the documents. In another case, the marriage has to be registered in the Nebraska and one of the spouses has to been living in the Nebraska during the whole marriage.
Valid Grounds to get divorce
In Nebraska there are only no-fault divorces are recognized. Your marriage will be considered as irretrievably broken and you will not need to prove in court that your spouse made a mistake in the marriage that led to the inevitable divorce. Any accusations of spouses can play a key role in the division of property and the award of alimony.
Custody of the Child
Custody is awarded without regard to the sex of the parent, but taking into account the needs of the child.
In the state of Nebraska custody is appointed in such way as to create for the child the least traumatic conditions during the divorce of parents, as well as to ensure the most frequent visits of the parent and child.
Courts are governed by the provisions of Nebraska Child Custody law and also take into account next factors when deciding:
1) needs and desires of the child depending on his age and level of health;
2) monthly expenses required for the maintenance of the child, as well as the monthly income of the parents;
3) the possibility of frequent visits with a parent who is not a guardian
4) facts of domestic violence or ill-treatment
5) various emotional ties in the family
6) the standard of living of the child while the parents were married
Also a court can award joint custody, in case if both parents agree to this and have resolved all internal differences.
There are two types of joint custody:
Joint legal custody - both parents have the same right to make important decisions in the life of the child, but this does not mean that they spend an equal amount of time with the child.
Joint physical custody - both parents spend time with the child equally, but this does not mean that parents have equality in making important decisions in the life of the child.
Rules for Child Support
With a divorce in the state of Nebraska, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents. As a percentage, the model can be represented in the following form:
1 child: 20%
2 children: 28%
3 children: 32%
4 children: 40%
5 children: 45%
More than 6 children: 50%
However, there may be cases of departures from the above model, when the court will find grounds for the fact that the amount of financial support for the child is not correct. Financial support for the child will continue until he or she reaches the age of 19.
Rules for Spousal Support
Nebraska may order either of spouses to pay for the alimony on the basis of following:
1) Duration that the marriage lasted for.
2) Living standards of the spouses and their educational, professional, and social needs.
3) Time required by the spouse to get the necessary education and skills for employment.
4) Ages as well as the health conditions of the spouses.
5) Absence of either of spouses from the job market.
6) Tax effects on either of the spouses after the division of property.
If the divorce proceedings have already begun, either party may file a request to use the services of mediators who are directed to resolving disputes concerning the custody of the child, but if the family has a history of violence, the mediators will not be involved in resolving the issues.
Divorce Forms in Nebraska
You can find a huge list of divorce documents on the Nebraska Courts website. However, not all from this list you need to fill out, but only those forms that cache the circumstances of your divorce Note that such forms as “Complaint for Dissolution of Marriage (with or without children)”, the “Vital Statistics Certificate” and the “Social Security Information Form” should be filled in any case because they are common for all.
Without special education or legal advice, it may be difficult to fill in the papers yourself. In this case, you can always count on the services of Online Divorce, we will help you choose the necessary documents and fill out the forms online according to the requirements of the Nebraska law. This will help you to save time, nerves and money meaningfully in the process of divorce.