Nebraska divorce statutes § 42-103. Marriages;
when void.
Marriages are void
(1) when either party has a husband or wife living at the time of the marriage,
(2) when either party,
at the time of marriage, is mentally incompetent to enter into the marriage relation, and
(3) when the parties are related
to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins
when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of
wedlock as well as those born in wedlock. |
Nebraska divorce statutes 42-374. Annulment; conditions.
(1) The marriage between the parties is prohibited by law;
(2) Either party is impotent at the time of marriage;
(3) Either party had a spouse living at the time of marriage;
(4) Either party was mentally ill or a person with mental retardation
at the time of marriage; or
(5) Force or fraud.
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Nebraska divorce statutes § 42-349.
Dissolution; action; conditions. Residency
No action for dissolution of marriage may be brought unless at least one of the parties has had actual residence in this
state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing
of the complaint, or unless the marriage was solemnized in this state and either party has resided in this state from the
time of marriage to |
filing the complaint. Persons serving in the armed forces of the
United States who have been continuously stationed at any military base or installation in this state for one year or, if
the marriage was solemnized in this state, have resided in this state from the time of marriage to the filing of the complaint
shall for the purposes of sections 42-347 to 42-381 be
deemed residents of this state.
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Nebraska divorce statutes § 42-357.
Temporary and ex parte orders; violation; penalty.
The court may order either party to pay to the clerk of the district court or to the State Disbursement Unit, as provided
in section 42-369, a sum of money for the temporary support and maintenance
of the other party and minor children if any are affected by the action and to enable such party to prosecute or defend the
action. The court may make such order after service of process and claim for temporary allowances is made in the complaint
or by motion by the plaintiff or by the defendant in a responsive pleading; but no such order shall be entered before three
days after notice of hearing has been served on the other party or notice waived. During the pendency of any proceeding under
sections 42-347 to 42-381 after
the complaint is filed, upon application of either party and if the accompanying affidavit of the party or his or her agent
shows to the court that the party is entitled thereto, the court may issue ex parte orders
(1) restraining any person from
transferring, encumbering, hypothecating, concealing, or in any way disposing of real or personal property except in the
usual course of business or for the necessaries of life, and the party against whom such order is directed shall upon order
of the court account for all unusual expenditures made after such order is served upon him or her,
(2) enjoining any party
from molesting or disturbing the peace of the other party or any minor children affected by the action, and
(3) determining
the temporary custody of any minor children of the marriage, |
except that no restraining order enjoining
any party from molesting or disturbing the peace of any minor child shall issue unless, at the same time, the court determines
that the party requesting such order shall have temporary custody of such minor child. Ex parte orders issued pursuant to
subdivisions (1) and (3) of this section shall remain in force for no more than ten days or until a hearing is held thereon,
whichever is earlier. After motion, notice to the party, and hearing, the court may order either party excluded from the
premises occupied by the other upon a showing that physical or emotional harm would otherwise result. Any restraining order
issued excluding either party from the premises occupied by the other shall specifically set forth the location of the premises
and shall be served upon the adverse party by the sheriff in the manner prescribed for serving a summons, and a return thereof
shall be filed in the court. Any person who knowingly violates such an order after service shall be guilty of a Class II
misdemeanor. In the event a restraining order enjoining any party from molesting or disturbing the peace of any minor children
is issued, upon application and affidavit setting out the reason therefore, the court shall schedule a hearing within seventy-two
hours to determine whether the order regarding the minor children shall remain in force. Section 25-1064 shall
not apply to the issuance of ex parte orders pursuant to this section. Any judge of the county court or district court may
grant a temporary ex parte order in accordance with this section.
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Nebraska divorce statutes § 42-358.02.
Delinquent child support payments, spousal support payments, and medical support payments; interest; rate; report; Title
IV-D Division; duties.
(1) All delinquent child support payments, spousal support payments, and medical support payments shall draw interest
at the rate specified in section 45-103 in effect on the date of
the most recent order or decree. Such interest shall be computed as simple interest.
(2) All child support payments, spousal
support payments, and medical support payments shall become delinquent the day after they are due and owing, except that
no obligor whose support payments are automatically withheld from his or her paycheck shall be regarded or reported as being
delinquent or in arrears if
(a) any delinquency or arrearage is solely caused by a disparity between the schedule of the
obligor's regular pay dates and the scheduled date the support payment is due,
(b) the total amount of support payments to
be withheld from the paychecks of the obligor and the amount ordered by the support order are the same on an annual basis,
and
(c) the automatic deductions for support payments are continuous and occurring. Interest shall not accrue until thirty
days after such payments are delinquent.
(3) The court shall order the determination
of the amount of interest due, and such interest shall be payable in the same manner as the support payments
upon which the interest accrues subject to subsection (2) of this section or unless it is |
waived by agreement of the parties. The Title IV-D Division of the
Department of Health and Human Services shall compute interest and identify delinquencies pursuant to this section on the
payments received by the State Disbursement Unit pursuant to section 42-369.
The Title IV-D Division shall provide the case information in electronic format, and upon request in print format, to the
judge presiding over domestic relations cases and to the county attorney or authorized attorney.
(4) Support order payments shall be credited
in the following manner:
(a) First, to the payments due for the current month in the following order: Child support payments,
then spousal support payments, and lastly medical support payments;
(b) Second, toward any payment arrearage owing, in the
following order: Child support payment arrearage, then spousal support payment arrearage, and lastly medical support payment
arrearage; and
(c) Third, toward the interest on any payment arrearage, in the following order: Child support payment arrearage
interest, then spousal support payment arrearage interest, and lastly medical support payment arrearage interest.
(5) Interest
which may have accrued prior to September 6, 1991, shall not be affected or altered by changes to this section which take
effect on such date. All delinquent support order payments and all decrees entered prior to such date shall draw interest
at the effective rate as prescribed by this section commencing as of such date.
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Nebraska divorce statutes § 42-364.13.
Support order; requirements.
(1) Any order for support entered by the court shall specifically provide that any person ordered to pay a judgment shall
be required to furnish to the clerk of the district court his or her address, telephone number, and social security number,
the name of his or her employer, whether or not such person has access to employer-related health insurance coverage and,
if so, the health insurance policy information, and any other information the court deems relevant until such judgment is
paid in full. The person shall also be required to advise the clerk of any changes in such information between the time of
entry of the decree and the payment of the judgment in full. If both parents are parties to the action, such order shall
provide that each be required to furnish to the clerk of the district court all of the information required by this subsection.
Failure to comply with this section shall be punishable by contempt.
(2) All support orders entered by the court shall include
the year of birth of any child for whom the order requires the provision of support.
(3) Until the Title IV-D Division of
the Department of Health and Human Services has operative the statewide automated data processing and retrieval system necessary
for centralized collection and disbursement of support order payments:
(a) If any case contains an order or judgment for child,
medical, or spousal support, the order shall include the following statements:
In the event that the (plaintiff or defendant) fails to pay any child, medical, or spousal support payment, as
such failure is certified each month by the district court clerk in cases in which court-ordered support is delinquent in
an amount equal to the support due and payable for a one-month period of time, he or she shall be subject to income withholding
and may be required to appear in court on a date to be determined by the court and show cause why such payment was not made.
In the event that the (plaintiff or defendant) fails to pay and appear as ordered, a warrant shall be issued for his or her
arrest.
(b)
If the court orders income withholding regardless of whether or not payments are in arrears pursuant to section 43-1718.01 or 43-1718.02,
the statement in this subsection may be altered to read as follows:
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In the event that the (plaintiff or defendant) fails to pay any
child, medical, or spousal support payment, as such failure is certified each month by the district
court clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a
one-month period of time, he or she may be required to appear in court on
a date to be determined by the court and show cause why such payment was not made. In the event that the (plaintiff or defendant)
fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.
(4) When the Title IV-D Division of the
Department of Health and Human Services has operative the statewide automated data processing and retrieval system necessary
for centralized collection and disbursement of support order payments:
(a) If any case contains an order or judgment for child,
medical, or spousal support, the order shall include the following statements:
In the event that the (plaintiff or defendant)
fails to pay any child, medical, or spousal support payment, as such failure is certified each month by the State Disbursement
Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month
period of time, he or she shall be subject to income withholding and may be required to appear in court on a date to be determined
by the court and show cause why such payment was not made. In the event that the (plaintiff or defendant) fails to pay and
appear as ordered, a warrant shall be issued for his or her arrest.
(b) If the court orders income withholding regardless
of whether or not payments are in arrears pursuant to section 43-1718.01 or 43-1718.02,
the statement in this subsection may be altered to read as follows:
In the event that the (plaintiff or defendant) fails to
pay any child, medical, or spousal support payment, as such failure is certified each month by the State Disbursement Unit
in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period
of time, he or she may be required to appear in court on a date to be determined by the court and show cause why such payment
was not made. In the event that the (plaintiff or defendant) fails to pay and appear as ordered, a warrant shall be issued
for his or her arrest.
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Nebraska divorce statutes § 42-364.
Action involving child support, child custody, parenting time, visitation, or other access; parenting plan; legal custody
and physical custody determination; rights of parents; child support; termination of parental rights; court; duties; modification
proceedings; use of school records as evidence.
(1)(a) In an action under Chapter 42 involving child support, child custody, parenting time, visitation, or other access,
the parties and their counsel, if represented, shall develop a parenting plan as provided in the Parenting Act. If the parties
and counsel do not develop a parenting plan, the complaint shall so indicate as provided in section 42-353 and
before July 1, 2010, the case may be referred to mediation, specialized alternative dispute resolution, or other alternative
dispute resolution process and on or after such date the case shall be referred to mediation or specialized alternative dispute
resolution as provided in the Parenting Act. For good cause shown and
(i) when both parents agree and such parental agreement
is bona fide and not asserted to avoid the purposes of the Parenting Act, or
(ii) when mediation or specialized alternative
dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative
dispute resolution requirement may be waived by the court. In such a case where waiver of the mediation or specialized alternative
dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties
seeking waiver is by clear and convincing evidence.
(b) The decree in an action involving the custody of a minor child shall
include the determination of legal custody and physical custody based upon the best interests of the child, as defined in
the Parenting Act, and child support. Such determinations shall be made by incorporation into the decree of
(i) a parenting
plan developed by the parties, if approved by the court, or
(ii) a parenting plan developed by the court based upon evidence
produced after a hearing in open court if no parenting plan is developed by the parties or the plan developed by the parties
is not approved by the court. The decree shall conform to the Parenting Act.
(c) The social security number of each parent
and the minor child shall be furnished to the clerk of the district court but shall not be disclosed or considered a public
record.
(2) In determining legal custody or physical custody, the court shall not give preference to either parent based on
the sex of the parent and, except as provided in section 43-2933, no
presumption shall exist that either parent is more fit or suitable than the other. Custody shall be determined on the basis
of the best interests of the child, as defined in the Parenting Act. Unless parental rights are terminated, both parents
shall continue to have the rights stated in section 42-381.
(3) Custody
of a minor child may be placed with both parents on a joint legal custody or joint physical custody basis, or both,
(a) when
both parents agree to such an arrangement in the parenting plan and the court determines that such an arrangement is in the
best interests of the child or
(b) if the court specifically finds, after a hearing in open court, that joint physical custody
or joint legal custody, or both, is in the best interests of the minor child regardless of any parental agreement or consent.
(4)
In determining the amount of child support to be paid by a parent, the court shall consider the earning capacity of each
parent and the guidelines provided by the Supreme Court pursuant to section 42-364.16 for
the establishment of child support obligations. Upon application, hearing, and presentation of evidence of an abusive disregard
of the use of child support money or cash medical support paid by one party to the other, the court may require the party
receiving such payment to file a verified report with the court, as often as the court requires,
stating the manner in which child support money or cash medical support is used. Child support money or cash medical support
paid
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to the party having custody of the minor child shall be the property
of such party except as provided in section 43-512.07. The clerk
of the district court shall maintain a record, separate from all other judgment dockets, of all decrees and orders in
which the payment of child support, cash medical support, or spousal support has been ordered, whether ordered by a district
court, county court, separate juvenile court, or county court sitting as a juvenile court. Orders for child support or cash
medical support in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, as
amended, shall be reviewed as provided in sections 43-512.12 to 43-512.18.
(5)
Whenever termination of parental rights is placed in issue:
(a) The court shall transfer jurisdiction to a juvenile court
established pursuant to the Nebraska Juvenile Code unless a showing is made that the county court or district court is a
more appropriate forum. In making such determination, the court may consider such factors as cost to the parties, undue delay,
congestion of dockets, and relative resources available for investigative and supervisory assistance. A determination that
the county court or district court is a more appropriate forum shall not be a final order for the purpose of enabling an
appeal. If no such transfer is made, the court shall appoint an attorney as guardian ad litem to protect the interests of
any minor child. The court may terminate the parental rights of one or both parents after notice and hearing when the court
finds such action to be in the best interests of the minor child, as defined in the Parenting Act, and it appears by the
evidence that one or more of the grounds for termination of parental rights stated in section 43-292 exist;
and
(b) The court shall inform a parent who does not have legal counsel of the parent's right to retain counsel and of the
parent's right to retain legal counsel at county expense if such parent is unable to afford legal counsel. If such parent
is unable to afford legal counsel and requests the court to appoint legal counsel, the court shall immediately appoint an
attorney to represent the parent in the termination proceedings. The court shall order the county to pay the attorney's fees
and all reasonable expenses incurred by the attorney in protecting the rights of the parent. At such hearing, the guardian
ad litem shall take all action necessary to protect the interests of the minor child. The court shall fix the fees and expenses
of the guardian ad litem and tax the same as costs but may order the county to pay on finding the responsible party indigent
and unable to pay.
(6) Modification proceedings relating to support, custody, parenting time, visitation, other access, or
removal of children from the jurisdiction of the court shall be commenced by filing a complaint to modify. Modification of
a parenting plan is governed by the Parenting Act. Proceedings to modify a parenting plan shall be commenced by filing a
complaint to modify. Such actions may be referred to mediation, specialized alternative dispute resolution, or other alternative
dispute resolution process before July 1, 2010, and on and after such date shall be referred to mediation or specialized
alternative dispute resolution as provided in the Parenting Act. For good cause shown and
(a) when both parents agree and
such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act, or
(b) when mediation or
specialized alternative dispute resolution is not possible without undue delay or hardship to either parent, the mediation
or specialized alternative dispute resolution requirement may be waived by the court. In such a case where waiver of the
mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden
of proof for the party or parties seeking waiver is by clear and convincing evidence. Service of process and other procedure
shall comply with the requirements for a dissolution action.
(7) In any proceeding under this section relating to custody
of a child of school age, certified copies of school records relating to attendance and academic progress of such child are
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Nebraska divorce statutes § 42-366.
Property settlements; effect; enforcement; modification.
(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or
the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions
for the maintenance of either of them, the disposition of any property owned by either of them, and the support and custody
of minor children.
(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except
terms providing for the support and custody of minor children, shall be binding upon the court unless it finds, after considering
the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or
on request of the court, that the agreement is unconscionable.
(3) If the court finds the agreement unconscionable, the court
may request the parties to submit a revised agreement or the court may make orders for the disposition of property, support,
and maintenance.
(4) If the court finds that the agreement is not unconscionable as to
support, maintenance, and property:
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(a) Unless the agreement provides to the contrary, its terms may
be set forth in the decree of dissolution or legal separation and the parties shall be ordered to perform them; or
(b) if
the agreement provides that its terms shall not be set forth in the decree, the decree shall identify the agreement and shall
state that the court has found the terms not unconscionable, and the parties shall be ordered to perform them.
(5) Terms of the agreement set forth
in the decree may be enforced by all remedies available for the enforcement of a judgment, including contempt.
(6) Alimony
may be ordered in addition to a property settlement award.
(7) Except for terms concerning the custody or support of minor
children, the decree may expressly preclude or limit modification of terms set forth in the decree.
(8) If the parties fail
to agree upon a property settlement which the court finds to be conscionable, the court shall order an equitable division
of the marital estate. The court shall include as part of the marital estate, for purposes of the division of property at
the time of dissolution, any pension plans, retirement plans, annuities, and other deferred compensation benefits owned by
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Nebraska divorce statutes § 42-365.
Decree; alimony; division of property; criteria; modification; revocation; termination.
When dissolution of a marriage is decreed, the court may order payment of such alimony by one party to the other and
division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage,
a history of the contributions to the marriage by each party, including contributions to the care and education of the children,
and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful
employment without interfering with the interests of any minor children in the custody of such party. Reasonable security
for payment may be required by the court. A proceeding to modify or revoke an order for alimony for good cause shall be commenced
by filing a complaint to modify. Service of process and other procedure shall comply with the requirements for a dissolution
action. Amounts accrued prior |
to the date of filing of the complaint to modify may not be modified
or revoked. A decree may not be modified to award alimony if alimony was not allowed in the original decree dissolving a
marriage. A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original
decree had accrued before the date of filing of the complaint to modify. Except as otherwise agreed by the parties in writing
or by order of the court, alimony orders shall terminate upon the death of either party or the remarriage of the recipient.
While
the criteria for reaching a reasonable division of property and a reasonable award of alimony may overlap, the two serve
different purposes and are to be considered separately. The purpose of a property division is to distribute the marital assets
equitably between the parties. The purpose of alimony is to provide for the continued maintenance or support of one party
by the other when the relative economic circumstances and the other criteria enumerated in this section make it appropriate.
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Nebraska divorce statutes § 42-364.15.
Enforcement of parenting time, visitation, or other access orders; procedure; costs.
In any proceeding when a court has ordered a parent to pay, temporarily or permanently, any amount for the support of
a minor child and in the same proceeding has ordered parenting time, visitation, or other access with any minor child on
behalf of such parent, the court shall enforce its orders as follows:
(1) Upon the filing of a motion which is accompanied
by an affidavit stating that either parent has unreasonably withheld or interfered with the exercise
of the court order after notice to the parent and hearing, the court shall enter such orders as are |
reasonably necessary to enforce rights of either parent including
the modification of previous court orders relating to parenting time, visitation, or other access. The court may use contempt
powers to enforce its court orders relating to parenting time, visitation, or other access. The court may require either
parent to file a bond or otherwise give security to insure his or her compliance with court order provisions; and
(2) Costs,
including reasonable attorney's fees, may be taxed against a party found to be in contempt pursuant to this section.
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Nebraska divorce statutes § 42-361.
Marriage irretrievably broken; findings.
(1) If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties
so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably
broken. |
(2) If one of the parties has denied under oath or affirmation that
the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave
rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the marriage is
irretrievably broken.
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The Nebraska divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Nebraska divorce attorney.
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