Nebraska Divorce Records

According to recent statistics, Nebraska's divorce rate is above the national average, with approximately 2.6 divorces per 1,000 Nebraskans, compared to the U.S. average of 2.4 divorces per 1,000 total population. Nebraska is a no-fault divorce state, meaning that either spouse may file for divorce without needing to prove wrongdoing or misconduct, and divorces are typically granted on the grounds that the marriage is irretrievably broken, with no chance of reconciliation.

The cost of getting divorced in Nebraska varies based on multiple factors, such as whether the case is contested, if attorneys are involved, the need for mediation, the presence of minor children, property division costs, court filing fees and related expenses. Nonetheless, the average cost per person for a divorce in the Cornhusker State is estimated to be around $$8,158, less than the national average of $9,969.

Are Divorce Records Public in Nebraska?

In Nebraska, divorce records are generally deemed public under the Nebraska Public Records Statutes, meaning that they may be accessed by individuals who request them (in line with the provisions of these laws). However, certain details may be restricted from public access, including sensitive personal and financial information (like social security numbers and account numbers), information related to minor children, protective orders and other domestic violence-related information, medical information, and records that have been sealed by court order. Likewise, access to copies of state-issued divorce certificates is usually restricted to the individuals named on the record and requesters with a direct relationship to these individuals

What Is Included in Nebraska Divorce Records?

Nebraska divorce records consist of various official documents generated in relation to divorce proceedings in the state. There are three main types of Nebraska divorce records:

• Divorce Decrees: A divorce decree is the final court order that legally "dissolves" the marriage. These documents are generated and maintained at the District Court in the county where the divorce was granted and typically include information about the divorcing couple as well as details on the terms of the divorce, such as spousal support, child custody, property division, and other settlement agreements.
• Divorce Certificates: These are summary documents that serve as official proof of a divorce. Divorce certificates contain basic details like the names of both spouses, the date and location of the divorce, and are generated and issued by the Nebraska Department of Health and Human Services.
• Divorce Case Files: A divorce case file is a collection of all documents/records related to a divorce proceeding, such as the initial divorce petition, motions, evidence, hearing transcripts, court orders, and the final divorce decree. These files contain the complete case history and are maintained by the District Court in the county where the divorce proceedings were held.

How Do I Find Nebraska Divorce Records?

Nebraska divorce records are available through the district court where the divorce was filed and finalized, as well as the state's Department of Health and Human Services, and copies of these records may be accessed by contacting the appropriate record custodian. Certified copies of a Nebraska divorce record are often required for legal or administrative purposes, including:

• Name changes
• Remarriage
• Visa and immigration applications
• Settling estates, insurance claims, and other similar matters
• Modifying and/or enforcing custody or support orders
• Closing joint accounts, refinancing mortgages, dividing retirement benefits, and other similar financial transactions

Look Up Nebraska Divorce Certificate

The Nebraska Department of Health and Human Services (DHHS) maintains records of divorces that occurred from 1909 to date and provides access to these records in the form of a divorce certificate. However, it should be noted that copies of these divorce certificates may only be obtained by the parties named on the record and requesters who can prove a direct relationship to any of the individuals named on the record.

Eligible parties may submit requests for Nebraska divorce certificates online or by mailing a completed Application for Certified Copy of Dissolution of Marriage (Divorce) Certificate form, along with a copy of a valid photo ID and any necessary supporting documentation, to the DHHS at:

There is a $16 fee per copy requested. Inquiries may be directed to the DHHS at (402) 471-2871.

Look Up Nebraska Divorce Decree

You may obtain copies of a Nebraska divorce decree by taking the following steps:

• Determine the county where the divorce was finalized
• Contact the Clerk of the District Court for that county
• Provide details to facilitate a record search, such as the names of the involved parties and the date (or approximate date) of the divorce. You will typically be required to submit an official request, either in person, via mail, or online (depending on the county and its available options)
• Pay the applicable fees. Certified copies of Nebraska divorce decrees typically cost around $10 to $20; however, actual fees vary by county, so it's best to check with the appropriate Clerk's office for specific fees and procedures.

Look Up Nebraska Divorce Court Records

Nebraska divorce case files are maintained by the District Court that handled the divorce case, and interested persons may request access to specific divorce case documents/court records by contacting the Clerk of the District Court office in the appropriate county. Requesters will typically need to provide information like the names of the divorcing couple, an estimated date of the divorce, and pay a stipulated copy fee (which varies by county). It is important to note that access to certain divorce court records may be restricted from public disclosure.

The Nebraska Judicial Branch also offers a JUSTICE Search system that may be used to access public divorce court records online (note that search fees apply).

Can You Seal Divorce Records in Nebraska?

Nebraska divorce records may be sealed under certain circumstances, usually for a justifiable reason, such as to protect sensitive personal information and proprietary business information, and to ensure the safety of minor children or victims of abuse.

Individuals who wish to get their divorce record sealed must file a motion with the District Court that handled the divorce, citing valid reasons for the request. The court will evaluate the motion by balancing the requesting party's interest in privacy with the public's right to access court records. If the court determines that sealing is justified, it will issue an order specifying which portions of the record are to be sealed and who may still access them. Generally, sealed Nebraska divorce records may only be accessed by the parties involved, their legal representatives, certain government agencies, and individuals or entities with a court order granting access to the record.

How Long Does a Divorce Take in Nebraska?

Nebraska Revised Statute 42-363 imposes a mandatory 60-day waiting period from the date the divorce petition is served (to the respondent) before the case may be heard and a final divorce decree issued. To this end, the overall duration of a divorce in Nebraska depends on whether the divorce is contested or uncontested. Uncontested divorces, where both parties agree on all issues, including property division, custody, and support, can generally be finalized shortly after the 60-day waiting period. On the other hand, divorces where key issues are being contested typically take a longer time, usually several months to a year or more.

Does Nebraska Require Separation Before Divorce?

No, couples in Nebraska do not need to be separated before filing for divorce.

How Are Assets Split in a Nebraska Divorce?

Nebraska generally follows the equitable distribution principle when dividing property during a divorce. This means that the court will divide marital property fairly, but not necessarily equally, between the divorcing spouses, with consideration to certain factors (as outlined in Nebraska Revised Statute 42-365), like:

• Each spouse's personal and financial situation
• The duration of the marriage
• Each spouse's contributions to the marriage
• Career or education disruptions caused by the marriage, if any

Who Gets Custody of a Child in Divorce in Nebraska?

Custody decisions during divorce cases in Nebraska are typically made based on the best interests of the child. While Nebraska courts historically tended to favor mothers in custody hearings, both parents are now treated equally under state law. Recent surveys suggest that divorced fathers in the state typically receive about 32.9% parenting time, slightly lower than the national average of 35%.

Nebraska recognizes two primary forms of custody:

• Legal Custody: This refers to the authority to make fundamental decisions regarding the child's education, healthcare, religion, and general welfare. Legal custody may be granted to one parent (sole legal custody) or shared between both parents (joint legal custody). In some cases where joint legal custody is awarded, the court may split areas of decision-making responsibility between the parents.
• Physical Custody: This refers to where the child lives and the amount of time they spend with each parent. Courts may either grant sole/primary physical custody, where the child lives with one parent while the other parent is granted visitation (unless restrictions or denial are necessary to safeguard the child), or joint physical custody, where the child spends a significant amount of time in each parent's home.

Courts typically consider various factors when making child custody determinations, such as the child's relationship with each parent, the physical and mental health of all parties, the ability of each parent to provide a stable, loving environment, and the child's wishes.