A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Nebraska, the residency requirement for filing for divorce is that at least one of the spouses must have been a resident of the state for at least one year before filing. If the marriage took place in Nebraska and one spouse has been a resident since the marriage, the one-year requirement does not apply. The divorce should be filed in the district court of the county where either spouse resides. When minor children are involved, additional considerations may apply, such as determining the home state of the children for jurisdictional purposes under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Nebraska's statutes regarding divorce, including residency requirements and other relevant provisions, can typically be found in the state's Revised Statutes, specifically within the chapters dealing with domestic relations and family law.