Nebraska Decree - Adult or No Children
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FAQ
Nebraska recognizes no-fault divorce. In order to file for a divorce in Nebraska, you or your spouse must be a resident of Nebraska for at least 1 year before filing for divorce and you must prove that the marriage is irretrievably broken for it to be dissolved.
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like "parental kidnapping." But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights. Often, this simply means both parents signing and filing an acknowledgment of paternity with the appropriate state agency or court, either at the time of the child's birth or afterward.
You must pay a filing fee at the time of filing your Petition. The filing fee for a divorce is currently $158.00. If you are unable to pay the filing fee and you have a low income, you may obtain permission from the court to have the fees waived.
Nebraska statutes make it clear that there is no presumption favoring either the mother or the father. Nebraska has abolished, as have many other states, the maternal preference, which was a presumption that the mother would be most capable of caring for a child during its earliest childhood years.
In order to complete these steps, your divorce may take 6 months to over a year to be final. The timeframe for each phase in a divorce depends on the facts of your case, each spouse's intentions regarding the timeline, the cooperation in exchanging information, the ability to reach agreements, and the judge's calendar.
Thankfully, Nebraska does have laws in place that protect the rights of fathers, even if they are not married to the mothers of their children. To benefit from that protection, you must establish paternity, or prove that you are the father.
The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.
Children cannot decide for themselves until they are 19 years old and legal adults. However, judges in Nebraska will take a child's wishes into consideration in making a custody determination only if the child is of sufficient age and maturity and the child's wishes are based on good, sound reasons.
