reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.01 - Definitions.

42-748.01.
Definitions.
For purposes of sections 42-748.01 to 42-748.13:
(1) Application means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) Central authority means the entity designated by the United States or a foreign country described in subdivision (5)(D) of section 42-702 to perform the functions specified in the Convention.
(3) Convention support order means a support order of a tribunal of a foreign country described in subdivision (5)(D) of section 42-702.
(4) Direct request means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, an obligor, or a child residing outside the United States.
(5) Foreign central authority means the entity designated by a foreign country described in subdivision (5)(D) of section 42-702 to perform the functions specified in the Convention.
(6) Foreign support agreement:
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument under the Convention.
(7) United States central authority means the Secretary of the United States Department of Health and Human Services.
Source
Laws 2015, LB415, § 48.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.02 - Applicability.

42-748.02.
Applicability.
Sections 42-748.01 to 42-748.13 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of such sections is inconsistent with sections 42-701 to 42-747.04, sections 42-748.01 to 42-748.13 control.
Source
Laws 2015, LB415, § 49.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.03 - Relationship of Nebraska Department of Health and Human Services to United States central authority.

42-748.03.
Relationship of Nebraska Department of Health and Human Services to United States central authority.
The Nebraska Department of Health and Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Source
Laws 2015, LB415, § 50.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.04 - Initiation by Nebraska Department of Health and Human Services of support proceeding under Convention.

42-748.04.
Initiation by Nebraska Department of Health and Human Services of support proceeding under Convention.
(a) In a support proceeding under sections 42-748.01 to 42-748.13, the Nebraska Department of Health and Human Services shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the Convention:
(1) recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under subdivision (b)(2), (4), or (9) of section 42-748.08;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Source
Laws 2015, LB415, § 51.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.05 - Direct request.

42-748.05.
Direct request.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 42-748.06 to 42-748.13 apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Nebraska Department of Health and Human Services.
(e) Sections 42-748.01 to 42-748.13 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Source
Laws 2015, LB415, § 52.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.06 - Registration of Convention support order.

42-748.06.
Registration of Convention support order.
(a) Except as otherwise provided in sections 42-748.01 to 42-748.13, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in sections 42-736 to 42-747.04.
(b) Notwithstanding section 42-724 and subsection (a) of section 42-737, a request for registration of a Convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under section 42-748.07 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Source
Laws 2015, LB415, § 53.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.07 - Contest of registered Convention support order.

42-748.07.
Contest of registered Convention support order.
(a) Except as otherwise provided in sections 42-748.01 to 42-748.13, sections 42-740 to 42-743 apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b) of this section, the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in section 42-748.08. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Source
Laws 2015, LB415, § 54.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.08 - Recognition and enforcement of registered Convention support order.

42-748.08.
Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with section 42-705;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with section 42-748.06 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under the Uniform Interstate Family Support Act in this state;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of section 42-748.11.
(c) If a tribunal of this state does not recognize a Convention support order under subdivision (b)(2), (4), or (9) of this section:
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) the Nebraska Department of Health and Human Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 42-748.04.
Source
Laws 2015, LB415, § 55.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.09 - Partial enforcement.

42-748.09.
Partial enforcement.
If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Source
Laws 2015, LB415, § 56.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.10 - Foreign support agreement.

42-748.10.
Foreign support agreement.
(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under the Uniform Interstate Family Support Act in this state; or
(4) the record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Source
Laws 2015, LB415, § 57.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.11 - Modification of Convention child support order.

42-748.11.
Modification of Convention child support order.
(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, subsection (c) of section 42-748.08 applies.
Source
Laws 2015, LB415, § 58.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.12 - Personal information; limit on use.

42-748.12.
Personal information; limit on use.
Personal information gathered or transmitted under sections 42-748.01 to 42-748.13 may be used only for the purposes for which it was gathered or transmitted.
Source
Laws 2015, LB415, § 59.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-748.13 - Record in original language; English translation.

42-748.13.
Record in original language; English translation.
A record filed with a tribunal of this state under sections 42-748.01 to 42-748.13 must be in the original language and, if not in English, must be accompanied by an English translation.
Source
Laws 2015, LB415, § 60.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-749 - Grounds for rendition.

42-749.
Grounds for rendition.
(a) For purposes of sections 42-749 and 42-750, Governor includes an individual performing the functions of Governor or the executive authority of a state covered by the Uniform Interstate Family Support Act.
(b) The Governor of this state may:
(1) demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with the act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Source
Laws 1993, LB 500, § 49;
Laws 2003, LB 148, § 87.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-750 - Conditions of rendition.

42-750.
Conditions of rendition.
(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to the Uniform Interstate Family Support Act or that the proceeding would be of no avail.
(b) If, under the Uniform Interstate Family Support Act or a law substantially similar to the act, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
Source
Laws 1993, LB 500, § 50;
Laws 2003, LB 148, § 88.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-751 - Uniformity of application and construction.

42-751.
Uniformity of application and construction.
In applying and construing the Uniform Interstate Family Support Act, consideration shall be given to the need to provide uniformity of the law with respect to the subject matter of the act among states that enact it.
Source
Laws 1993, LB 500, § 51;
Laws 2003, LB 148, § 89.
Annotations
The general purpose of the Uniform Interstate Family Support Act, according to an express provision in this section, is to make uniform the law with respect to the model act among states enacting it. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-751.01 - Transitional provision.

42-751.01.
Transitional provision.
The changes to the Uniform Interstate Family Support Act made by Laws 2015, LB415, apply to proceedings begun on or after April 30, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Source
Laws 2015, LB415, § 61.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-7,105 - Pending action or proceeding under Revised Uniform Reciprocal Enforcement of Support Act; law applicable.

42-7,105.
Pending action or proceeding under Revised Uniform Reciprocal Enforcement of Support Act; law applicable.
Any action or proceeding under the Revised Uniform Reciprocal Enforcement of Support Act pending on January 1, 1994, shall continue under the provisions of such act until the court rules on any pending action or proceeding.
Source
Laws 1993, LB 500, § 57.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-801 - Purposes of sections.

42-801.
Purposes of sections.
The purposes of sections 42-801 to 42-823 are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life and the institution of matrimony, and to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies.
Source
Laws 1965, c. 228, § 1, p. 654.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-803 - Applicability of law.

42-803.
Applicability of law.
The provisions of the Conciliation Court Law shall be applicable only in counties in which the county court and the district court determines that the social conditions in the county and the number of domestic relations cases in the courts render the procedures provided in such law necessary to the full and proper consideration of such cases and the effectuation of the purposes of such law. Such determination shall be made annually in the month of December.
Source
Laws 1965, c. 228, § 3, p. 654;
Laws 1997, LB 229, § 22.
Annotations
The Conciliation Court Law is not applicable in counties in which the district court has failed to find the procedures therein provided for to be necessary. Condreay v. Condreay, 190 Neb. 513, 209 N.W.2d 357 (1973).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-804 - County court and district court; jurisdiction.

42-804.
County court and district court; jurisdiction.
Each county court and district court shall exercise the jurisdiction conferred by the Conciliation Court Law and while sitting in the exercise of such jurisdiction shall be known and referred to as the conciliation court. All petitions and filings shall be made with the clerk of the district court and may be heard by the county court or the district court as provided in section 25-2740.
Source
Laws 1965, c. 228, § 4, p. 655;
Laws 1997, LB 229, § 23.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-805 - Designation of judge.

42-805.
Designation of judge.
In counties having more than one judge of the district court, the judges at their annual meeting shall designate at least one judge of the county court or district court to hear cases under the Conciliation Court Law. Such assignment may be exclusive or in conjunction with any other assignment. The judge or judges so designated shall hold as many sessions of the conciliation court as are necessary for the prompt disposition of the business before the court.
Source
Laws 1965, c. 228, § 5, p. 655;
Laws 1997, LB 229, § 24.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-806 - Transfer of case.

42-806.
Transfer of case.
The judge of the conciliation court may transfer any case before the conciliation court pursuant to the Conciliation Court Law to the presiding judge of the county court or to the presiding judge of the district court, as appropriate, for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the conciliation court such transfer is necessary to expedite the business of the conciliation court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the conciliation court in the matter.
Source
Laws 1965, c. 228, § 6, p. 655;
Laws 1997, LB 229, § 25.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-807 - Acting judge; appointment.

42-807.
Acting judge; appointment.
The presiding judge of the court may appoint a judge of the court other than the judge of the conciliation court to act as judge of the conciliation court during any period when the judge of the conciliation court is on vacation, absent, or for any reason unable to perform his or her duties. Any judge so appointed shall have all of the powers and authority of a judge of the conciliation court in cases under the Conciliation Court Law.
Source
Laws 1965, c. 228, § 7, p. 655;
Laws 1997, LB 229, § 26.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-808 - Counselor of conciliation; counties with 250,000 inhabitants or more; personnel; appointment; powers; compensation.

42-808.
Counselor of conciliation; counties with 250,000 inhabitants or more; personnel; appointment; powers; compensation.
(1) In each county with a population of two hundred fifty thousand inhabitants or more, the county court and district court may appoint one counselor of conciliation and one secretary to assist the conciliation court in disposing of its business and carrying out its functions.
(2) The counselor of conciliation so appointed shall have the power to:
(a) Hold conciliation conferences with parties to and hearings in proceedings under the Conciliation Court Law and make recommendations concerning such proceedings to the judge of the conciliation court;
(b) Provide such supervision in connection with the exercise of his or her jurisdiction as the judge of the conciliation court may direct;
(c) Cause such reports to be made, such statistics to be compiled, and such records to be kept as the judge of the conciliation court may direct;
(d) Hold such hearings in all conciliation court cases as may be required by the judge of the conciliation court and make such investigations as may be required by the court to carry out the intent of the Conciliation Court Law;
(e) Make investigations provided for by sections 42-351 and 42-358 as may be directed by the judge of the conciliation court; and
(f) Hold informal hearings under section 42-367 and make recommendations to the court for entry of orders thereunder as may be directed by the judge of the conciliation court.
(3) The judge of the conciliation court may also appoint, with the consent of the board of county commissioners, such associate counselors of conciliation and other office assistants as may be necessary to assist the conciliation court in disposing of its business. Such associate counselors shall carry out their duties under the supervision of the judge of the conciliation court and shall have all the powers of the counselor of conciliation. Office assistants shall work under the supervision and direction of the counselor of conciliation.
(4) Salaries of persons appointed under this section shall be fixed by the board of county commissioners. All persons appointed under this section may be dismissed for any reason by a majority vote of the judges of the county court and the district court of the county.
(5) The board of county commissioners shall furnish adequate office space, equipment, and supplies for the use of the personnel of the conciliation court.
Source
Laws 1965, c. 228, § 8, p. 655;
Laws 1989, LB 23, § 3;
Laws 1997, LB 229, § 27.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-809 - Counselor of conciliation; counties with less than 250,000 inhabitants; personnel; appointment; compensation.

42-809.
Counselor of conciliation; counties with less than 250,000 inhabitants; personnel; appointment; compensation.
(1) In each county having a population of less than two hundred fifty thousand inhabitants, the county court and district court may appoint, with the consent and approval of the board of county commissioners, the following persons to assist the conciliation court in disposing of its business and carrying out its functions:
(a) One counselor of conciliation who shall have the powers provided in subsection (2) of section 42-808; and
(b) Such associate counselors and office assistants as may be required to properly handle the work of the court.
(2) The salaries of persons appointed under the provisions of this section shall be fixed by the board of county commissioners of the county. All persons appointed under the provisions of this section may be dismissed for any reason by a majority vote of the judges of the district court of the county.
(3) The board of county commissioners shall furnish adequate office space, equipment, and supplies for the use of the personnel of the conciliation court.
(4) The county court and district court or the board of county commissioners may, at any time, abolish any or all positions created pursuant to the provisions of this section.
Source
Laws 1965, c. 228, § 9, p. 657;
Laws 1997, LB 229, § 28.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-810 - Hearings; conferences; files; confidentiality.

42-810.
Hearings; conferences; files; confidentiality.
(1) All court hearings or conferences in proceedings under the provisions of the Conciliation Court Law shall be held in private and the court shall exclude all persons except the officers of the court, the parties, their counsel, and witnesses. Conferences may be held with each party and his or her counsel separately and in the discretion of the judge or counselor conducting the conference or hearing, counsel for one party may be excluded when the adverse party is present. All communications, verbal or written, from parties to the judge or counselor in a proceeding under the provisions of such law shall be deemed made to such officer in official confidence.
(2) The files of the conciliation court shall be closed. The petition, supporting affidavit, reconciliation agreement, and any court order made in the matter may be opened to inspection by any party or his or her counsel upon the written authority of the judge of the conciliation court.
Source
Laws 1965, c. 228, § 10, p. 657;
Laws 1997, LB 229, § 29.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-811 - Controversy between spouses; jurisdiction of court.

42-811.
Controversy between spouses; jurisdiction of court.
Whenever any controversy exists between spouses which may, unless a reconciliation is achieved, result in the dissolution or annulment of the marriage or in the disruption of the household, and there is any minor child of the spouses or of either of them whose welfare might be affected thereby, the conciliation court shall have jurisdiction over the controversy, and over the parties thereto and all persons having any relation to the controversy as further provided in sections 42-801 to 42-823.
Source
Laws 1965, c. 228, § 11, p. 658.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-812 - Petition; filing; effect.

42-812.
Petition; filing; effect.
Prior to the filing of any action for divorce, annulment, or separate maintenance, either spouse or both spouses may file a petition with the clerk of the district court of the county of the residence of either spouse wherein a conciliation court has been established, invoking the jurisdiction of the conciliation court for the purpose of preserving the marriage by effecting a reconciliation between the parties, or for amicable settlement of the controversy between the spouses, so as to avoid further litigation over the issue involved.
Source
Laws 1965, c. 228, § 12, p. 658;
Laws 1996, LB 1296, § 16;
Laws 1997, LB 229, § 30.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-813 - Petition; caption.

42-813.
Petition; caption.
The petition shall be captioned substantially as follows:
In the (County or District) Court of ................ County, Nebraska
Upon the petition of
)
Petition for Conciliation
)
(Under the Conciliation Court Law)
...........................
)
(Petitioner)
)
)
)
And concerning
)
)
....................... and
)
)
.............., Respondents
)
To the Conciliation Court:
Source
Laws 1965, c. 228, § 13, p. 658;
Laws 1997, LB 229, § 31.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-814 - Petition; contents.

42-814.
Petition; contents.
The petition shall:
(1) Allege that a controversy exists between the spouses and request the aid of the court to effect a reconciliation or an amicable settlement of the controversy;
(2) State the name and age of each minor child whose welfare may be affected by the controversy;
(3) State the name and address of the petitioner, or the names and addresses of the petitioners;
(4) If the petition is presented by one spouse only, name the other spouse as a respondent, and state the address of that spouse;
(5) Name as a respondent any other person who has any relation to the controversy, and state the address of the person, if known to the petitioner; and
(6) State such other information as the conciliation court may by rule require.
Source
Laws 1965, c. 228, § 14, p. 659.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-815 - Forms; furnished by county; petitions; complaints; refer to court.

42-815.
Forms; furnished by county; petitions; complaints; refer to court.
The clerk of the district court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to the provisions of sections 42-801 to 42-823. All public welfare employees and employees of the conciliation court shall refer to the conciliation court all petitions and complaints made to them in respect to controversies within the jurisdiction of the conciliation court.
Source
Laws 1965, c. 228, § 15, p. 659.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-816 - Fees prohibited.

42-816.
Fees prohibited.
No fee shall be charged by any officer for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to the provisions of sections 42-801 to 42-823.
Source
Laws 1965, c. 228, § 16, p. 660.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.

42-817.
Petition; hearing; notice; citation; compel attendance of witnesses.
The court shall fix a reasonable time and place for hearing on the petition and shall cause such notice of the filing of the petition and of the time and place of the hearing as it deems necessary to be given to the respondents. The court may, when it deems it necessary, issue a citation to any respondent requiring him to appear at the time and place stated in the citation, and may require the attendance of witnesses as in other civil cases.
Source
Laws 1965, c. 228, § 17, p. 660.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-818 - Hearing; time; place; objection; effect.

42-818.
Hearing; time; place; objection; effect.
For the purpose of conducting hearings pursuant to the provisions of sections 42-801 to 42-823, the conciliation court may be convened at any time and place within the county, and the hearing may be had in chambers or otherwise, except that the time and place for hearing shall not be different from the time and place provided by law for the trial of civil actions if any party, prior to the hearing, objects to any different time or place.
Source
Laws 1965, c. 228, § 18, p. 660.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-819 - Hearing; procedure.

42-819.
Hearing; procedure.
The hearing shall be conducted informally as a conference or series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues of the controversy. To facilitate and promote the purposes of sections 42-801 to 42-823, the court may, with the consent of both of the parties to the proceeding, recommend or invoke the aid of physicians, psychiatrists, endocrinologists, or other specialists or scientific experts, or of the pastor or director of any religious denomination to which the parties may belong. Such aid shall not be at the expense of the court or of the county unless the board of county commissioners specifically provides and authorizes such aid.
Source
Laws 1965, c. 228, § 19, p. 660.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-820 - Hearing; orders; effect; reconciliation agreement.

42-820.
Hearing; orders; effect; reconciliation agreement.
(1) At or after the hearing, the court may make such orders in respect to the conduct of the spouses and the subject matter of the controversy as the court deems necessary to preserve the marriage or to implement the reconciliation of the spouses, but in no event shall such orders be effective for more than thirty days from the hearing of the petition, unless the parties mutually consent to a continuation of such time.
(2) Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made requiring the parties to comply therewith.
Source
Laws 1965, c. 228, § 20, p. 660.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-821 - Petition for conciliation; limitation on certain actions; order for temporary custody, child support, and alimony; authorized.

42-821.
Petition for conciliation; limitation on certain actions; order for temporary custody, child support, and alimony; authorized.
(1) During a period beginning upon the filing of the petition for conciliation and continuing until the earlier of (a) thirty days after the hearing of the petition for conciliation or (b) the dismissal of the petition, neither spouse shall file any action for dissolution of marriage, annulment of marriage, or separate maintenance, except that, for the purpose of protecting the minor children of the parties and the parties, the county court and district court shall have authority after proper notice to enter orders for temporary custody of minor children, temporary child support, and temporary alimony, notwithstanding any such reconciliation proceedings. An order for temporary child support or an order for temporary alimony which is a part of an order providing for temporary child support when the spouse and child reside in the same household shall be governed by the provisions of sections 42-347 to 42-381 relating to child and spousal support. Certified copies of such orders shall be filed by the clerk of the court and treated in the same manner as other such orders.
(2) If, after the expiration of the period specified in subsection (1) of this section, the controversy between the spouses has not been terminated, either spouse may institute proceedings for dissolution of marriage, annulment of marriage, or separate maintenance. The pendency of a dissolution of marriage, annulment, or separate maintenance action shall not operate as a bar to the instituting of proceedings for conciliation under the Conciliation Court Law, but if such action is pending before a petition for conciliation is filed, the court may permit proceeding with such action at any time for good cause shown.
Source
Laws 1965, c. 228, § 21, p. 661;
Laws 1976, LB 926, § 3;
Laws 1982, LB 720, § 3;
Laws 1985, Second Spec. Sess., LB 7, § 20;
Laws 1996, LB 1296, § 17;
Laws 1997, LB 229, § 32.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-822 - Divorce, annulment, or separate maintenance; petition; minor child; transfer to conciliation court.

42-822.
Divorce, annulment, or separate maintenance; petition; minor child; transfer to conciliation court.
Whenever any action for divorce, annulment of marriage, or separate maintenance is filed and it appears to the court at any time during the pendency of the action that there is any minor child of the spouses or of either of them whose welfare may be adversely affected by the dissolution or annulment of the marriage or the disruption of the household and that there appears to be some reasonable possibility of a reconciliation being effected, the case may be transferred to the conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy, in accordance with the Conciliation Court Law.
Source
Laws 1965, c. 228, § 22, p. 661;
Laws 1996, LB 1296, § 18;
Laws 1997, LB 229, § 33.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-823 - Application for proceedings; minor child not involved; jurisdiction.

42-823.
Application for proceedings; minor child not involved; jurisdiction.
Whenever application is made to the conciliation court for conciliation proceedings in respect to a controversy between spouses, or a contested action for divorce, annulment of marriage, or separate maintenance, but there is no minor child whose welfare may be affected by the results of the controversy, and it appears to the court that reconciliation of the spouses or amicable adjustment of the controversy can probably be achieved, and that the work of the court in cases involving children will not be seriously impeded by acceptance of the case in the same manner as similar cases involving the welfare of children are disposed of, such acceptance may be made. In the event of such application and acceptance, the court shall have the same jurisdiction over the controversy and the parties thereto, or having any relation thereto, that it has under the provisions of sections 42-801 to 42-823 in similar cases involving the welfare of children.
Source
Laws 1965, c. 228, § 23, p. 662.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-901 - Act, how cited.

42-901.
Act, how cited.
Sections 42-901 to 42-931 shall be known and may be cited as the Protection from Domestic Abuse Act.
Source
Laws 1978, LB 623, § 1;
Laws 1989, LB 330, § 4;
Laws 1997, LB 829, § 1;
Laws 1998, LB 218, § 17.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-902 - Legislative intent.

42-902.
Legislative intent.
The Legislature hereby finds and declares that there is a present and growing need to develop services which will lessen and reduce the trauma of domestic abuse. It is the intent of the Protection from Domestic Abuse Act to provide abused family and household members necessary services including shelter, counseling, social services, and limited medical care and legal assistance.
Source
Laws 1978, LB 623, § 2;
Laws 1997, LB 829, § 2.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-904 - Department; programs and services; duties.

42-904.
Department; programs and services; duties.
The department shall establish and maintain comprehensive support services to aid victims of domestic abuse and to provide prevention and treatment programs to aid victims of domestic abuse, their families, and abusers.
Source
Laws 1978, LB 623, § 4.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-905 - Comprehensive support services; enumerated.

42-905.
Comprehensive support services; enumerated.
The comprehensive support services shall include, but not be limited to:
(1) Emergency services for victims of abuse and their families;
(2) Support programs that meet specific needs of victims of abuse and their families;
(3) Education, counseling, and supportive programs for the abuser;
(4) Programs to aid in the prevention and elimination of domestic violence which shall include education and public awareness; and
(5) Assistance in completing the standard petition and affidavit forms for persons who file a petition and affidavit for a protection order.
Source
Laws 1978, LB 623, § 5;
Laws 1989, LB 330, § 6;
Laws 1998, LB 218, § 19.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-907 - Emergency services; enumerated.

42-907.
Emergency services; enumerated.
The department shall provide emergency services which shall consist of up to seventy-two hours of crisis intervention services including:
(1) Constant access and intake to services;
(2) Immediate transportation from a victim's home or other location to a hospital or a place of safety;
(3) Immediate medical services or first aid;
(4) Emergency legal counseling and referral;
(5) Crisis counseling to provide support and assurance of safety;
(6) Emergency financial aid; and
(7) Safe living environments that will provide a supportive, nonthreatening shelter to victims, their families, and household members.
Source
Laws 1978, LB 623, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-908 - Department; victim; diagnostic assessment; referral; followup.

42-908.
Department; victim; diagnostic assessment; referral; followup.
The department shall, as soon as possible after initial contact with the victim, determine through diagnostic assessment which programs are needed and desired by the victim and family members. The department shall make appropriate referral and conduct appropriate followup. The department shall, to the extent possible, use private sources to provide the support services.
Source
Laws 1978, LB 623, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-909 - Department; victim; provide support services; plan of action.

42-909.
Department; victim; provide support services; plan of action.
The department shall, in addition to the emergency services, provide support services as needed to a victim of domestic abuse for up to thirty days. The support services shall be problem oriented and formulate a plan of action for the victim. Such services may include relocation, financial security, employment, advocacy, assertiveness training, substance abuse counseling, and alternatives to returning to the abuser. Also, the department shall provide services for children including day care, education, and counseling.
Source
Laws 1978, LB 623, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-910 - Department; services for children; enumerated.

42-910.
Department; services for children; enumerated.
The department shall provide services for children which may include:
(1) Emergency services which provide housing, food, clothing, and transportation to school;
(2) Counseling for trauma which occurs when children witness or experience family violence;
(3) Programs which provide for the appropriate educational needs of the individual child; and
(4) Services for child care in the necessary absence of the victim parent.
Source
Laws 1978, LB 623, § 10.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-911 - Department; victims; provide resource information.

42-911.
Department; victims; provide resource information.
The department shall provide complete resource information for victims and their families on legal, medical, financial, vocational, welfare, child care, housing, and other support services.
Source
Laws 1978, LB 623, § 11.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-917 - Delivery of services; cooperation; coordination of programs.

42-917.
Delivery of services; cooperation; coordination of programs.
The delivery of all services provided for under the Protection from Domestic Abuse Act shall be done in cooperation with existing public, private, state, and local programs whenever possible to avoid duplication of services. Special effort shall be taken to coordinate programs with the Department of Labor, the State Department of Education, the Department of Health and Human Services, and other appropriate agencies, community service agencies, and private sources.
Source
Laws 1978, LB 623, § 17;
Laws 1980, LB 684, § 17;
Laws 1995, LB 275, § 2;
Laws 1996, LB 1044, § 104;
Laws 2004, LB 1083, § 90;
Laws 2007, LB296, § 61;
Laws 2009, LB154, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.

42-918.
Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
Under the Protection from Domestic Abuse Act, strict confidence shall be observed in all contact with victims of spouse abuse and their families. Any record, report, or files maintained by the department pursuant to the act shall be confidential, except that the department may release statistical information, while not revealing names. Violation of this section shall be a Class V misdemeanor.
Source
Laws 1978, LB 623, § 18;
Laws 1997, LB 829, § 3.