Nebraska Same-Sex Couple Seeking Divorce

Nebraska Same-Sex Couple Seeking Divorce

A woman seeking a divorce in Nebraska has retained Domina Law Group Attorney Megan Mikolajczyk. Bonnie Nichols has run into a major roadblock that is preventing her from getting a divorce – her marriage is not recognized by the Nebraska Constitution.

Bonnie Nichols was married to her same-sex partner in 2009 in Iowa where same-sex marriage is legal. Now, she is seeking to divorce her spouse, but because she is not legally married in Nebraska, the Nebraska Constitution does not allow her to legally divorce.

Nebraska Court Judge Stephanie Stacy initially denied Nichols' petition, saying that recognizing same-sex divorce in Nebraska would require recognizing same-sex marriage as well.

Mikolajczyk argues that Nichols and her spouse should have the right to dissolve their marriage just like any other Nebraskan. Disallowing same-sex divorce, she says, also creates a number of other tax, debt, retirement, and other problems.

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