One of the most common questions people ask when considering divorce in Nebraska is whether they must prove that their spouse did something wrong in order to end the marriage.
The short answer is no.
Nebraska is a “no-fault” divorce state. This means that neither spouse is required to prove misconduct such as adultery, cruelty, abandonment, or other wrongdoing in order to obtain a divorce.
What Does “No-Fault Divorce” Mean?
In a no-fault divorce, the court does not require either party to establish that the other spouse caused the breakdown of the marriage. Instead, the legal basis for a divorce in Nebraska is that the marriage is irretrievably broken.
An irretrievably broken marriage is one in which the marital relationship has deteriorated to the point that reconciliation is no longer possible and further attempts to save the marriage would not be successful.
Do I Have to Prove My Marriage Is Irretrievably Broken?
In most cases, proving that a marriage is irretrievably broken is relatively straightforward.
If a final hearing is held, the testimony of one spouse is often sufficient for the court to determine that the marriage should be dissolved. The court may ask questions regarding:
· Whether attempts were made to reconcile the marriage;
· Whether those efforts were successful;
· Whether further attempts at reconciliation would be beneficial; and
· Whether the marriage is irretrievably broken.
The judge may also ask for general information about the circumstances that led to the breakdown of the marriage or any efforts the parties made to repair the relationship, such as counseling with a therapist, pastor, or other professional.
However, in most instances, if both parties agree that the marriage is irretrievably broke, you may forego the necessity of a court hearing for the judge to make this finding on the record.
The Bottom Line
If you are considering divorce in Nebraska, you do not need to prove that your spouse was “at fault” to end the marriage. Nebraska’s no-fault divorce laws require only that the marriage be irretrievably broken and that reconciliation is no longer possible.
Understanding the divorce process can help reduce uncertainty and allow you to focus on the practical decisions that will shape your future. If you have questions about divorce, custody, property division, or support, speaking with an experienced family law attorney in Omaha, Nebraska can help you understand your options and next steps. Schedule your initial consultation today.
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