Cheating hurts. That part everyone already knows.
But does Nebraska actually punish adultery with fines or jail time? A lot of people assume yes. Stick with me, because the real answer might surprise you.
What Is Adultery, Legally Speaking?
Adultery means a married person has sex with someone who is not their spouse. That’s the plain definition. Nothing fancy about it.
Some states still treat this as a crime on paper. Others dropped it decades ago. So which one is Nebraska? Let’s find out together.
Is Adultery a Crime in Nebraska?
Here’s where things get interesting. Nebraska used to have a criminal adultery law. It sat in the state code for years.
That law was repealed by the Nebraska Legislature in 1995 under LB 22. Once a law gets repealed, it’s basically erased. It no longer exists on the books.
So today, in 2026, adultery is not a crime in Nebraska. You cannot be arrested for it. You cannot be fined by police or prosecutors for it either.
Honestly, this surprises a lot of people. Many folks grew up hearing that cheating was “illegal.” That’s just not true anymore in Nebraska, and it hasn’t been true for almost 30 years.
Wondering if this applies to every state? It doesn’t. A handful of states still technically list adultery as a crime, even though prosecutors almost never enforce it. Nebraska simply removed the law entirely, which is a cleaner approach.
Basic Divorce Laws and Where Adultery Fits In
Nebraska Is a No-Fault Divorce State
This is the part most people miss. Nebraska only allows no-fault divorce. That means a spouse does not need to prove the other person did something wrong.
Under Nebraska Revised Statutes Section 42-361, the court is not required to find or determine fault before granting a divorce. The only real requirement is that the marriage is “irretrievably broken.” Basically, it’s over and can’t be fixed.
So even if your spouse cheated, you don’t have to prove adultery in court. You just have to show the marriage is done. Simple, right?
Does Cheating Affect Alimony or Property?
Not really, and that catches people off guard. Nebraska courts generally do not let marital misconduct like adultery affect how property gets divided between spouses.
Judges instead look at things like how long the marriage lasted, each spouse’s income, and contributions made during the marriage. Cheating on its own usually is not one of those factors.
Pause here for a second, because this next part matters. Some sources note that a judge can still consider infidelity in certain situations, especially if it relates to how marital money was spent. The court can take into account things like infidelity, drug addiction, alcohol abuse, and other evidence when deciding spousal support. So it’s not a hard zero, but it’s also not the deciding factor most people expect.
What Does This Mean for You?
Let’s say you’re going through a divorce in Nebraska and your spouse cheated. Here’s what you actually need to know.
You do not need to prove adultery happened. You do not need photos, texts, or witnesses to move forward with a divorce. That alone takes a huge weight off a lot of people’s shoulders.
You’re not alone if this confuses you. Most people assume courtrooms work like they do on TV, with dramatic evidence reveals about cheating. Real Nebraska family courts don’t really work that way.
Filing Requirements You Should Know
Since adultery itself won’t make or break your case, the practical stuff matters more. Here’s what actually affects your divorce filing.
One spouse must have lived in Nebraska for at least one year before filing. That’s the residency rule under Nebraska law. There are some exceptions for military members stationed elsewhere.
Filing fees run somewhere between $158 and $164, and this can depend on which county you file in. Douglas, Lancaster, and Sarpy counties tend to charge on the higher end.
There’s also a mandatory waiting period. Nebraska requires a 60-day wait after filing before a judge can finalize the divorce. Think of it like a cooling-off period, giving both sides time to think things through.
Penalties and Consequences: What Actually Happens
Let’s be direct about this. There are no criminal penalties for adultery in Nebraska. No fines. No jail time. No arrest record.
Compare that to something like bigamy, which is still very much illegal in Nebraska. Bigamy means being legally married to more than one person at the same time, and that carries real criminal penalties. Adultery does not carry that same weight anymore.
The consequences of adultery in Nebraska are personal and relational, not criminal. That means broken trust, a possible divorce, and emotional fallout. But you won’t see handcuffs involved.
Here’s a quick comparison to help this click. Think of adultery in Nebraska like jaywalking used to be treated in some small towns. It’s frowned upon, sure, but nobody’s getting locked up over it.
Special Circumstances Worth Knowing
What About Alienation of Affection Lawsuits?
A few states still let a spouse sue the person their partner cheated with. This is called an “alienation of affection” claim. Nebraska does not recognize this type of lawsuit anymore.
So if you’re hoping to sue your spouse’s affair partner for damages, that door is closed in Nebraska. Many states closed this door decades ago, and Nebraska is one of them.
Does Adultery Affect Child Custody?
This is where people often get tripped up. Adultery by itself usually does not affect child custody decisions in Nebraska. Judges care about what’s best for the kids, not about who cheated on who.
That said, if the affair somehow harmed the children directly, like exposing them to inappropriate behavior or neglect, a judge could factor that in. But the affair alone, without harm to the kids, typically won’t sway custody.
What About Military Members?
Here’s a twist worth mentioning. Even though Nebraska civil law dropped adultery as a crime, military members are still subject to the Uniform Code of Military Justice. Adultery can still be prosecuted under federal military law if it affects “good order and discipline.” So a Nebraska resident who’s also active duty military isn’t fully in the clear just because state law changed.
How to Handle a Cheating Spouse Situation
If you’re dealing with this right now, take a breath first. You’re going through something genuinely hard, and that’s okay to admit.
Talk to a family law attorney before filing anything. They can walk you through the residency rules, the paperwork, and what to expect financially. Most offer a free consultation, so it costs you nothing to ask questions.
Don’t waste energy trying to “prove” the affair for court purposes. Since Nebraska is no-fault, that evidence usually won’t move the needle on your outcome. Save your energy for things that actually matter, like custody arrangements and dividing property fairly.
If kids are involved, focus conversations on their needs first. Courts respond well when parents show they’re prioritizing stability for children, not scoring points against an ex.
Recent Changes and Trends
Nebraska hasn’t reversed its no-fault stance, and there’s no active push in the legislature to bring back criminal adultery penalties. The state has stayed consistent on this since the 1995 repeal.
What has shifted more recently is attention around related family law areas, like how same-sex divorce follows the identical no-fault framework under Neb. Rev. Stat. § 42-347 et seq. This shows Nebraska treats all marriages the same way when it comes to fault, regardless of who’s involved.
Frequently Asked Questions
Is cheating illegal in Nebraska?
No. Nebraska repealed its criminal adultery law back in 1995. There’s no fine or jail time for adultery today.
Can I use adultery as grounds for divorce in Nebraska?
Not really, since Nebraska only offers no-fault divorce. You just need to show the marriage is irretrievably broken.
Will adultery affect how much alimony I get?
Generally, no. Courts mostly look at income, marriage length, and financial need rather than who cheated.
Can I sue the person my spouse cheated with?
No. Nebraska does not recognize alienation of affection lawsuits.
Does cheating affect who gets custody of the kids?
Usually not, unless the affair directly harmed or endangered the children in some way.
What if my spouse is in the military and cheated?
Civil law in Nebraska won’t punish it, but military members can still face consequences under federal military justice rules.
Final Thoughts
So here’s the short version. Adultery is not a crime in Nebraska, and it hasn’t been since 1995. Nebraska’s no-fault divorce system means cheating usually won’t change your alimony, property split, or custody outcome by itself.
That doesn’t make cheating okay, and it definitely doesn’t make it painless. But legally, the system focuses on moving forward rather than assigning blame. Now you know the basics. Stay informed, and when your situation feels complicated, talk to a licensed Nebraska family law attorney for guidance specific to you.
References
- Nebraska Legislature, Nebraska Revised Statutes Chapter 28 (Crimes and Punishments), including repeal of § 28-704: https://nebraskalegislature.gov/laws/statutes.php?statute=28-703
- Nebraska Revised Statutes § 42-361 (Dissolution of marriage; grounds): https://nebraskalegislature.gov/laws/statutes.php?statute=42-361
- Nebraska Legal Group, “What are the Nebraska Divorce Laws?”: https://www.nebraskalegalgroup.com/faq/what-are-the-nebraska-divorce-laws/
- Husker Law, “Nebraska Divorce” overview of spousal support factors: https://huskerlaw.com/divorce/nebraska/
- Divorce.law, “Same-Sex Divorce in Nebraska: Complete 2026 Legal Guide”: https://divorce.law/guides/same-sex-divorce/nebraska/
