Nebraska Divorce Laws

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A divorce is regarded as the ending of a marital union between partners. There are many grounds, ranging from a violent behavior of spouse to irreconcilable differences, for taking a divorce. The person wishing to get separated from the partner has to undergo a specific legal process that is designed by the divorce laws. Like every state, the Nebraska divorce laws are the implications of legal requirements and provisions that are necessary for a divorce. Following is the detailed analysis of the divorce laws in Nebraska.

Nebraska Divorce Laws regarding Child Support

Child support is the necessary amount that is paid by the parents to contribute in the development and upbringing of the child. This provision has been formed in order to ensure that the child would be taken care of after the divorce of parents. The Court may order either parent to contribute towards child support. Before finalizing the amount of child support to be contributed, the Court considers the following -

  • Earning ability of each parent
  • Nebraska Child Support Guidelines offered by the Supreme Court

The responsibility of the parent towards child support ceases in the below mentioned cases -

  • Death of the child
  • Marriage of the child
  • Completion of 19 years of age by the child
  • Emancipation of the child by a Court of Competent jurisdiction, except when after such conditions the child support is extended particularly by means of a Court order

There are various parameters on which the child support is measured. Generally, the amount is decided by measuring the income of the parents and number of the children. Such payment will be ordered to continue by the court, if the case of that child requires so.

Nebraska Divorce Laws regarding Child Custody

The Court does not define child custody on the basis of sex of the parents. There is no such assumption that one of the parents is more suitable or fit than the other. The following issues are taken into account by the Court while making a custody plan.

  • The social demeanor, welfare and general health of the child
  • Irrespective of the chronological age of the child, if the child is of an age of understanding and the wishes of the child have a basis of sound reasoning, then the desires of such a child are considered
  • The relation amongst the child and each parent before any subsequent hearing or the start of the action
  • Presence of proof of abuse meted out on any household member

Irrespective of any parental consent or agreement, after conducting a hearing in open court, if the Court concludes that joint custody is in the best interests of the child, then the Court issues orders of placing the minor in joint custody.

Restoration of name

When a petition is filed for annulment or dissolution, the defendant or the plaintiff might append a request for restoration of her or his former name. Further, the Court considers this case as per Chapter 42 Section 380 of the statutes.

Spousal Support

The intention of spousal support is to make arrangement regarding the maintenance of one partner by the other when the criteria explained in Chapter 42 Section 365 of the statutes of this state are fulfilled. However, if the recipient of spousal support remarries or in case of demise of either of the partner, the orders for spousal support terminates. An exception to this termination is when the Court passes relevant orders or either of the partner accedes in writing. The spousal support is finalized by taking into account duration of marriage and economical conditions of each partner.

Property Distribution

The Court tries its level best to ensure an equitable property division. The below mentioned issues are speculated over by the Court, prior to reaching any decision :

  • Inputs to the marital life by each partner
  • Period of marital life
  • Conditions of the partners
  • Interruption to educational chances or personal careers of either partners due to marital life.
  • Inputs to the education and care of children
  • The capacity of the supported partner to get a profitable job without affecting the interests of any minors that are in the custody of this partner.

Residency Requirements

If the marriage has taken place in the state of Nebraska and either of the partner has stayed in the state after marriage, the spouses are allowed to apply in the Nebraska court for divorce. Otherwise, the applicant or the spouse should fulfill the condition of one year residency before filing an application for divorce in Nebraska. Such is the nature of Nebraska divorce laws. It is essential to get to know about them as they are the requisites for a process of divorce in this state.

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