Divorce, which is known as dissolution in Nebraska, may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Nebraska commonly grant divorces because forcing a couple to stay married would be considered against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Nebraska, allow the parties to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of Nebraska.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, one another for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Nebraska, the no-fault justification for a divorce is an irretrievable breakdown of the marriage. Irretrievable breakdown means that there is no reasonable hope that the marriage can and should continue.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In Nebraska, no divorce case will be heard until 60 days after service of the divorce papers.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Nebraska, fault-based grounds for divorce include evidence that either party is mentally ill and lacks the capacity to consent to dissolution of marriage; this includes “temporary incapacity” due to drug and alcohol abuse.

No action for dissolution of marriage may be brought about in Nebraska unless at least one of the parties has actually resided in the state with a bona fide intention of making Nebraska his or her permanent home for at least one year prior to the filing of the divorce complaint, or unless the marriage was solemnized in Nebraska and either party has resided there from the time of marriage until the filing of the divorce complaint.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Nebraska, can be found at abanet.org.

*An example of a Nebraska Divorce Settlement Agreement can be seen on Free Legal Aid.