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Divorce Residency Requirements in Nebraska

In Nebraska, one spouse must have lived in the state with intent to stay for 1 year before filing (or married in Nebraska and lived there since), and the ground is that the marriage is irretrievably broken.

Last checked . General information, not legal advice.

Nebraska at a glance

State residency
1 year
Exception: the marriage took place in Nebraska and either spouse has lived there from the marriage to filing.
County residency
No county period; county where either spouse resides
No-fault ground
Marriage is irretrievably broken

Sources

Last checked

The rules in Nebraska

How long must you live in Nebraska before filing for divorce?

State residency in Nebraska: 1 year. Exception: the marriage took place in Nebraska and either spouse has lived there from the marriage to filing.

Is there a county residency requirement for divorce in Nebraska?

County residency in Nebraska: No county period; county where either spouse resides.

What is the no-fault ground for divorce in Nebraska?

No-fault ground in Nebraska: Marriage is irretrievably broken.

Where do the Nebraska divorce residency requirements come from?

The rules above come from Neb. Rev. Stat. 42-349, Neb. Rev. Stat. 42-348 and Neb. Rev. Stat. 42-361. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.