Divorce in Nebraska and Iowa is not a single process or path. The right approach depends on your goals, your circumstances, and the level of legal support you need.
At McGill Law, we help you understand your divorce options from the start. Whether you are considering collaborative divorce, mediation, litigation, or a more limited scope of representation, we work with you to choose a path that fits your goals and your situation.
Divorce & Separation Process Options
Collaborative Divorce
Collaborative divorce is a process designed to help people resolve divorce outside of court, with intention and support. Each person has their own collaboratively trained attorney, and the process is supported by a team of professionals who work together toward shared goals, balanced agreements, and outcomes that respect the people and families at the center of the work.
Collaborative divorce centers respect, problem solving, and care for the relationships and responsibilities that continue after the legal work is complete. With the right professional support in place, people are able to stay engaged and informed while working toward agreements shaped by conversation rather than conflict.
Collaborative Mediation™
Collaborative Mediation™ is offered exclusively through our firm. It blends the strengths of collaborative practice and mediation into one streamlined, structured process designed to support thoughtful resolution outside of court.
The process is led by Theresa Loughran, partner, collaborative attorney, and experienced mediator. She provides legal education without advocating for either side, facilitates productive discussions, and helps participants develop equitable property agreements and family-centered parenting plans.
When helpful, neutral professionals such as a counselor or financial advisor may also be involved to support communication and financial understanding.
Mediation
Mediation is led by partner and mediator Theresa Loughran. Mediation is a process we specialize in for resolving divorce outside of the courtroom. Instead of turning decisions over to a judge, mediation creates space to talk through concerns, ask questions, and work toward solutions together, with guidance and structure along the way.
For many families, mediation can feel less overwhelming and more manageable when communication is possible and safety allows. It is not the right approach for every situation, but it can be a meaningful option for those looking for a more collaborative path forward.
Litigation
Litigation is a court-based divorce process where each party has their own attorney and unresolved issues are decided by a judge.
Litigation is sometimes necessary and appropriate, particularly when court involvement, structure, or formal decision making is required. In some situations, including cases involving domestic violence or concerns about safety, litigation and court protections may be essential.
Uncontested Divorce
Sometimes couples have already reached agreement on the major decisions involved in their divorce.
When both people agree on issues like property division, finances, and parenting arrangements, the case may proceed as an uncontested divorce.
This legal process still requires proper filings, careful drafting of agreements, and review by the court.
Even when people agree, these decisions affect families, finances, and the future. Legal guidance helps ensure the agreements are handled carefully and with intention.
Legal Separation
A legal separation allows spouses to live separately while important issues like finances, property, and parenting arrangements are formally addressed.
Unlike divorce, the marriage itself is not legally dissolved.
For some families, legal separation can be a thoughtful option. It may allow time and space while maintaining certain legal and financial protections.
For others, it may align with personal or religious values that make divorce difficult.
In some cases, it can also provide structure and stability while people determine what comes next.
Limited Scope Representation in Divorce
Unbundled legal services in divorce allow you to choose how much support you need instead of committing to full representation from the start. You can work with a McGill Law attorney on specific parts of your divorce, like understanding your options, developing a strategy, or preparing documents, while handling other pieces on your own.
As your divorce progresses, your level of support can change with it. Some people begin with guidance and move into more involved representation if needed, while others only need targeted help. It’s a practical, flexible way to move through a Nebraska or Iowa divorce with the right level of legal support at the right time.
Frequently Asked Questions About Divorce
You do not have to have everything figured out. These are some of the questions we hear most often.
How long does a divorce take in Nebraska?
There is a required 60-day waiting period after filing, but most divorces take longer than that. The timeline depends on how quickly agreements are reached and whether the process is cooperative or contested. Some cases move forward in a matter of months, while others take more time when there are more complex decisions involved.
Do I have to go to court for a divorce?
Not always. Many people are able to resolve their divorce outside of court through mediation or collaborative divorce. These approaches focus on reaching agreements rather than litigating disputes. Court may still be part of finalizing the process, but it is not always the path to getting there.
What is the difference between mediation and litigation?
Mediation is a more cooperative process where a neutral third party helps guide discussions and agreements. Litigation involves each person working through their own attorney and, if needed, having a judge make decisions. The right approach depends on your situation, your communication with the other party, and what feels possible moving forward.
How is custody decided in Nebraska?
Custody decisions are based on what is in the best interests of the child. That includes the child’s relationship with each parent, their needs, and each parent’s ability to provide a stable and supportive environment. There is not a one-size-fits-all answer, which is why these conversations are often a central part of the process.
What if we agree on everything already?
If you and the other party are already in agreement, there are more streamlined options available. Even in those situations, it is still important to make sure everything is properly documented and legally sound so there are no issues later.
How do I know which divorce option is right for me?
You do not have to have that figured out before reaching out. Part of the process is understanding your situation and walking through the options with you. Some people come in knowing exactly what they want, and others are just trying to understand where to start.
You Can Depend on Us
Not sure where to begin? You do not need to have all the answers before reaching out. Whether you are just starting to think about divorce or already in the process, we can help you understand your options and take the next step.