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Divorce Waiting Period in Nebraska

In Nebraska, a divorce cannot be heard or a decree entered until 60 days after service of process is perfected.

Last checked . General information, not legal advice.

Nebraska at a glance

Waiting period
60 days after service
From perfection of service of process; the Nebraska Supreme Court treats this as jurisdictional.
Separation required
No
Divorce is based on a finding that the marriage is irretrievably broken; no separation period is listed.

Sources

Last checked

The rules in Nebraska

How long is the waiting period before a divorce can be finalized in Nebraska?

Waiting period in Nebraska: 60 days after service. From perfection of service of process; the Nebraska Supreme Court treats this as jurisdictional.

Do spouses have to live apart before a no-fault divorce in Nebraska?

Separation required in Nebraska: No. Divorce is based on a finding that the marriage is irretrievably broken; no separation period is listed.

Where do the Nebraska divorce waiting periods come from?

The rules above come from Neb. Rev. Stat. 42-363 and Neb. Rev. Stat. 42-361. Each source is linked on this page. We last checked them in October 2026.

Good to know

After 60 days, the court may enter a decree without a hearing if both parties waive the hearing and file a signed written agreement resolving all issues.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

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