No Fault Divorce Nebraska

Nebraska eliminated fault-based divorce grounds decades ago, and that decision affects more than just the paperwork — it changes the entire dynamic of what you can and cannot argue in court. If you are hoping to use your spouse's adultery, abandonment, or cruelty to get a better deal on property or custody, Nebraska law does not work that way.

What No-Fault Means in Practice

Under Nebraska Revised Statute § 42-361, the sole legal ground for dissolving a marriage is that it is "irretrievably broken" — meaning there is no reasonable prospect of reconciliation. You do not need to prove your spouse did anything wrong. You do not need to assign blame. You simply need to state, under oath, that the marriage cannot be saved.

Traditional fault-based grounds — adultery, extreme cruelty, abandonment, habitual drunkenness — are not recognized as grounds for dissolution in Nebraska. A judge will not grant or deny the dissolution based on who cheated or who left. Those facts are legally irrelevant to whether the divorce is granted.

Can Your Spouse Block the Divorce?

No. If both spouses agree the marriage is irretrievably broken, the court grants the dissolution. But even if your spouse disagrees and denies under oath that the marriage is broken, the court will consider the evidence and can still grant the divorce if the petitioner maintains that reconciliation is not possible.

The judge may order a stay or refer the parties to counseling, but this is discretionary and temporary. Nebraska courts do not force people to stay married. If one spouse insists the marriage is over, it is over — regardless of what the other spouse wants.

Does Fault Affect Property or Support?

This is where people often get confused. In many states, marital misconduct can influence how property is divided or whether alimony is awarded. Nebraska takes a different approach.

Property division: Nebraska uses equitable distribution (not 50/50). The court divides marital property fairly based on factors like the length of the marriage, each spouse's contributions, and their economic circumstances. Marital misconduct is not a statutory factor. A spouse who committed adultery does not automatically get a smaller share of the estate.

Alimony: Spousal support in Nebraska is based on earning capacity, the duration of the marriage, contributions to the marriage (including homemaking and career sacrifices), and financial need. The court does not award or increase alimony as punishment for bad behavior.

Child custody: Custody decisions follow the "best interests of the child" standard. Marital fault between the spouses is not a factor — unless the behavior directly affects the child's safety or well-being (such as substance abuse or domestic violence).

What You Actually Need to Prove

The complaint requires a simple, declarative statement: the marriage is irretrievably broken. At the final hearing (or in the waiver paperwork if the hearing is waived), you confirm this under oath. That is the core evidence on the no-fault ground; other case-specific requirements, such as jurisdiction and any agreed terms, still apply.

You do not need documentation of how the marriage deteriorated. You do not need witnesses. You do not need to justify your decision to the court. Nebraska treats the dissolution of a marriage as a private decision, not a matter for judicial fact-finding about who was at fault.

If you are preparing to file, the Nebraska Divorce Filing Process Guide walks you through the complaint and hearing testimony step by step — including the exact statutory language the court requires in your filings.

See more Nebraska guides →