September 23, 2025 | Divorce

Many people don’t get married with the idea to separate later. At the time of getting married, many people believe that their unions will last for their lifetime. It is therefore not surprising that the end of a marriage can be devastating. Nebraska law provides several different paths for divorce and separation. Each path has its own requirements, complexities and consequences. Understanding the different types of cases is an important first step toward protecting your rights and future.

Types of Divorce and Separation Cases in Nebraska

• Contested Divorce

These types of divorce cases occur when spouses are unable to agree on key issues in the divorce. These include property division, child custody, parenting time or alimony. These cases typically require a mediation and negotiation. It is advisable for both parties to have legal representation to ensure that their best interests are protected throughout the process. If an agreement cannot be reached through mediation or negotiation, the case may proceed to trial where a judge will make the final decision. Contested divorces are often the most complex and emotionally taxing. They are also quite expensive.

• Collaborative divorce

This type of divorce occurs when both spouses are committed to resolving their disputes outside court. The process emphasizes open communication and problem-solving. It may involve professionals such as mediators, financial specialists and child psychologists. These professionals help the parties reach fair agreements where all interests are considered. Even when committed to a collaborative divorce, both parties should have professional legal representation to protect their rights.

• Uncontested divorce

This type of divorce occurs when both parties agree on all major issues. There are no points of contention and no need to resolve disputes. This makes the divorce much faster and less costly than other divorce types. However, paperwork still needs to be filed in accordance with Nebraska’s residency requirements. This ensures that any agreements made are legally enforceable. With this in mind, it is important to have legal representation to ensure that your best interests are considered and your rights protected.

• Legal separation

There are instances when couples choose to separate but remain married. This may be due to financial, religious or other personal reasons. Nebraska law recognizes legal separation as an alternative to divorce. Legal separation allows couples to live apart while still being legally married. Issues such as custody, support and property division must still be addressed. It should be noted that neither spouse can remarry until the marriage is dissolved through divorce.

• Military divorce

If one or both spouses is an active service member, there are special rules that apply to the divorce process. Military divorces must comply to federal laws such as the Service members Civil Relief Act. These divorces are also subject to the state laws. In addition to issues such as child custody, military divorces are further complicated by issues regarding division of military pensions and relocation due to deployments. It is important to seek representation by an attorney that understands the nuances of military divorces.

• Same-sex divorce

These are divorces that involve same-sex couples. In Nebraska, same-sex couples are subjected to the same divorce processes as opposite-sex couples. However, there are some unique issues that may arise. This is especially the case when it comes to parental rights, assisted reproduction and non-biological parent custody.

• Annulment

Marriages may also end in an annulment. Unlike a divorce that dissolves the marriage but leaves a legal record showing that you were previously married, an annulment declares that a marriage union was never legally valid in the first place. This means that there will be no legal records of the marriage. Grounds for annulment in Nebraska include marriage under fraudulent circumstances, bigamy as well as incapacity to give consent at the time of the marriage.

Why Hire an Attorney for Divorce and Separation Cases

Some people avoid hiring a lawyer because they feel it will be too expensive. Others do so simply because they prefer to handle everything on their own. Whatever the circumstances of your divorce or separation, it is important to have the guidance and representation of an experienced attorney. Your attorney will:

• Protect your rights – they will ensure your interests are fully considered throughout the process.
• Help you navigate complex laws – the laws applying to divorce can be complex to navigate. Your lawyer will ensure fillings and procedures are handled correctly.
• Provide objective guidance – divorce is emotionally draining. Having a legal advocate that is removed from the situation can help you make rational, informed decisions.
• Negotiate and advocate on your behalf – Whether in settlement talks or in court, an attorney fights for your best interests.

Hire Advocates You Can Trust

At High & Younes Attorneys LLC, we know that divorce and separation are some of life’s most difficult challenges. Our attorneys are committed to providing compassionate support, clear legal guidance and fierce advocacy for our clients. Contact us now to schedule a consultation and learn how we can help with your divorce or separation case.

Divorce and Separation Cases | High & Younes LLC