reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-118 - Marriages; when voidable.

42-118.
Marriages; when voidable.
In case of a marriage solemnized when either of the parties is under the age of legal consent, if they shall separate during such nonage, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequently voluntary cohabitation of the parties, the marriage shall be deemed voidable.
Source
R.S.1866, c. 16, § 2, p. 128;
R.S.1913, § 1557;
C.S.1922, § 1506;
C.S.1929, § 42-118;
R.S.1943, § 42-118.
Annotations
A marriage is voidable when it has legal imperfections in its establishment which can be inquired into only during the lives of both of the parties in a proceeding by annulment to obtain a judgment of a competent court declaring its invalidity. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
Fraud sufficient to vitiate a marriage must go to the essence of the marriage relation. Zutavern v. Zutavern, 155 Neb. 395, 52 N.W.2d 254 (1952).
Marriage may be set aside for fraud. Hudson v. Hudson, 151 Neb. 210, 36 N.W.2d 851 (1949).
In annulment suit, plaintiff must not only show consent obtained by force or fraud but must prove that there was no subsequent voluntary cohabitation of the parties. Kanaly v. Bronson, 97 Neb. 322, 149 N.W. 781 (1914).
Father of minor who brings suit to annul marriage of son under age is not liable for child support. Caulk v. Caulk, 91 Neb. 638, 136 N.W. 845 (1912).
Disparity in age of the contracting parties is not one of the statutory causes for annulment. Kutch v. Kutch, 85 Neb. 702, 124 N.W. 108 (1909).
Where marriage is annulled for nonage of male, it is proper to make order for support of wife and child. Willits v. Willits, 76 Neb. 228, 107 N.W. 379 (1906).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-204 - Married woman; marriage solemnized out of state; property rights.

42-204.
Married woman; marriage solemnized out of state; property rights.
Any woman who shall have been married out of this state shall, if her husband afterwards becomes a resident of this state, enjoy all the rights as to property which she may have acquired by the laws of any other state, territory or country, or which she may have acquired by virtue of any marriage contract or settlement made out of this state.
Source
Laws 1871, § 5, p. 68;
R.S.1913, § 1563;
C.S.1922, § 1512;
C.S.1929, § 42-204;
R.S.1943, § 42-204.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-205 - Sections, how construed.

42-205.
Sections, how construed.
Nothing contained in sections 42-201 to 42-205 shall invalidate any marriage settlement or contract.
Source
Laws 1871, § 6, p. 68;
R.S.1913, § 1564;
C.S.1922, § 1513;
C.S.1929, § 42-205;
R.S.1943, § 42-205.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-206 - Debts of wife contracted before marriage; husband not liable.

42-206.
Debts of wife contracted before marriage; husband not liable.
The property of the husband shall not be liable for any debts contracted by the wife before marriage.
Source
Laws 1877, § 1, p. 33;
R.S.1913, § 1565;
C.S.1922, § 1514;
C.S.1929, § 42-206;
R.S.1943, § 42-206.
Annotations
Husband, separated from wife and paying temporary alimony, is not liable for necessaries furnished wife. Wise Memorial Hospital Assn. v. Peyton, 99 Neb. 48, 154 N.W. 838 (1915).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-207 - Married woman; not bound by covenant in joint deed.

42-207.
Married woman; not bound by covenant in joint deed.
A married woman shall not be bound by any covenant in a joint deed of herself and husband.
Source
R.S.1866, c. 43, § 53, p. 291;
R.S.1913, § 1566;
C.S.1922, § 1515;
C.S.1929, § 42-207;
R.S.1943, § 42-207.
Annotations
Wife joining with husband in conveyance of his property, in order to release her interest in same, is not liable in damages for breach of covenants of warranty. Pauley v. Knouse, 109 Neb. 716, 192 N.W. 195 (1923).
Wife is not liable on covenants in mortgage which she signed to release dower rights. Pochin v. Conley, 74 Neb. 429, 104 N.W. 878 (1905).
Wife is liable on covenant of warranty on conveyance of separate estate, though husband joins. Real v. Hollister, 17 Neb. 661, 24 N.W. 333 (1885).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-341 - Decree of another jurisdiction; no force or effect; when.

42-341.
Decree of another jurisdiction; no force or effect; when.
A divorce from the bonds of matrimony obtained in another jurisdiction shall be of no force or effect in this state, if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced except as provided in section 30-2353.
Source
Laws 1949, c. 124, § 1, p. 331;
Laws 1975, LB 481, § 29.
Annotations
Dominican Republic divorce decree involving Nebraska domiciliaries held of no effect and not entitled to comity. Weber v. Weber, 200 Neb. 659, 265 N.W.2d 436 (1978).
This section does not contravene full faith and credit clause of federal Constitution. Zenker v. Zenker, 161 Neb. 200, 72 N.W.2d 809 (1955).
Divorce obtained in foreign state is of no force and effect in this state if both parties were domiciled in this state at the time the proceeding was commenced. Yost v. Yost, 161 Neb. 164, 72 N.W.2d 689 (1955).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-342 - Residence; prima facie evidence.

42-342.
Residence; prima facie evidence.
Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (1) domiciled in this state within twelve months prior to the commencement of the proceeding therefor, and resumed residence in this state within eighteen months after the date of his departure therefrom, or (2) at all times after his departure from this state, and until his return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.
Source
Laws 1949, c. 124, § 2, p. 331.
Annotations
Rule as to prima facie evidence applied to Florida decree. Yost v. Yost, 161 Neb. 164, 72 N.W.2d 689 (1955).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-343 - Sections, how construed.

42-343.
Sections, how construed.
Sections 42-341 to 42-344 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1949, c. 124, § 3, p. 331.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-345 - Decree of divorce; prior to August 27, 1951; validity.

42-345.
Decree of divorce; prior to August 27, 1951; validity.
When any district court in this state shall have entered of record a decree of divorce prior to August 27, 1951, it shall be conclusively presumed that the decree, and all instruments and proceedings in connection therewith, are valid in all respects, notwithstanding some defect or defects as may appear on the face of the record or the absence of any record of such court, unless an action is brought within two years from August 27, 1951, attacking the validity thereof.
Source
Laws 1951, c. 122, § 1, p. 536.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-346 - Decree of divorce; validity.

42-346.
Decree of divorce; validity.
When any district court in this state has entered a decree of divorce after August 27, 1951, and when any county court in this state has entered a decree of divorce on or after October 1, 1997, it shall be conclusively presumed that the decree, and all instruments and proceedings in connection therewith are valid in all respects, notwithstanding some defect or defects as may appear on the face of the record or the absence of any record of such court, unless an action is brought within two years from the entry of such decree of divorce attacking the validity thereof.
Source
Laws 1951, c. 122, § 2, p. 536;
Laws 1996, LB 1296, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.

42-348.
Proceedings; where brought; transfer of proceedings; orders; how treated.
All proceedings under sections 42-347 to 42-381 shall be brought in the district court of the county in which one of the parties resides. Proceedings may be transferred to a separate juvenile court or county court sitting as a juvenile court which has acquired jurisdiction pursuant to section 43-2,113. Certified copies of orders filed with the clerk of the court pursuant to such section shall be treated in the same manner as similar orders issued by the court.
Source
Laws 1972, LB 820, § 2;
Laws 1985, Second Spec. Sess., LB 7, § 9;
Laws 1996, LB 1296, § 10;
Laws 1997, LB 229, § 8.
Annotations
If one of the parties to a dissolution action has had a Nebraska domicile for the duration prescribed by section 42-349, a party may commence a dissolution action under this section in the county where one of the parties lives and is not required to commence the action in the domiciliary county of either party to the dissolution action. Huffman v. Huffman, 232 Neb. 742, 441 N.W.2d 899 (1989).
A district court cannot acquire jurisdiction over dissolution of marriage proceedings unless one of the parties is a resident of the county in which the court is located at the time the original petition is filed. Small v. Small, 229 Neb. 344, 427 N.W.2d 42 (1988).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-350 - Legal separation; amendment of pleadings; when.

42-350.
Legal separation; amendment of pleadings; when.
If a complaint for legal separation is filed before residence requirements for dissolution of marriage have been complied with, either party, upon complying with such requirements, may amend his or her pleadings to request a dissolution of marriage, and notice of such amendment shall be given in the same manner as for an original action under sections 42-347 to 42-381.
Source
Laws 1972, LB 820, § 4;
Laws 1997, LB 229, § 10;
Laws 2004, LB 1207, § 19.
Annotations
After residency requirement has been satisfied, dissolution of marriage may be requested by amendment. Ashley v. Ashley, 191 Neb. 824, 217 N.W.2d 926 (1974).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-352 - Proceedings; complaint; filing; service.

42-352.
Proceedings; complaint; filing; service.
A proceeding under sections 42-347 to 42-381 shall be commenced by filing a complaint in the district court. The proceeding may be heard by the county court or the district court as provided in section 25-2740. Summons shall be served upon the other party to the marriage by personal service or in the manner provided in section 25-517.02.
Source
Laws 1972, LB 820, § 6;
Laws 1983, LB 447, § 46;
Laws 1984, LB 845, § 25;
Laws 1996, LB 1296, § 12;
Laws 1997, LB 229, § 12;
Laws 2004, LB 1207, § 20.
Annotations
A district court had jurisdiction to dissolve a parties' marriage where the plaintiff satisfied procedural due process by complying with the process service requirements for dissolution proceedings under this section and also satisfied Nebraska residency requirements. Metzler v. Metzler, 25 Neb. App. 757, 913 N.W.2d 733 (2018).
Action to modify alimony obligation must satisfy the requirements of this section. Osborn v. Osborn, 4 Neb. App. 802, 550 N.W.2d 58 (1996).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-353 - Complaint; contents.

42-353.
Complaint; contents.
The pleadings required by sections 42-347 to 42-381 shall be governed by the rules of pleading in civil actions promulgated under section 25-801.01. The complaint shall include the following:
(1) The name and address of the plaintiff and his or her attorney, except that a plaintiff who is living in an undisclosed location because of safety concerns is only required to disclose the county and state of his or her residence and, in such case, shall provide an alternative address for the mailing of notice;
(2) The name and address, if known, of the defendant;
(3) The date and place of marriage;
(4) The name and year of birth of each child whose custody or welfare may be affected by the proceedings and whether (a) a parenting plan as provided in the Parenting Act has been developed and (b) child custody, parenting time, visitation, or other access or child support is a contested issue;
(5) If the plaintiff is a party to any other pending action for divorce, separation, or dissolution of marriage, a statement as to where such action is pending;
(6) Reference to any existing restraining orders, protection orders, or criminal no-contact orders regarding any party to the proceedings;
(7) A statement of the relief sought by the plaintiff, including adjustment of custody, property, and support rights; and
(8) An allegation that the marriage is irretrievably broken if the complaint is for dissolution of marriage or an allegation that the two persons who have been legally married shall thereafter live separate and apart if the complaint is for a legal separation.
Source
Laws 1972, LB 820, § 7;
Laws 1997, LB 229, § 13;
Laws 2004, LB 1207, § 21;
Laws 2007, LB221, § 1;
Laws 2007, LB554, § 30;
Laws 2008, LB1014, § 29;
Laws 2012, LB899, § 1.
Cross References
Complaint, include whether to be heard by county or district court, see section 25-2740.
Parenting Act, see section 43-2920.
Annotations
The mere pendency of another action does not necessarily ipso facto require that a demurrer be sustained and the second action dismissed. Miller v. Miller, 213 Neb. 219, 328 N.W.2d 210 (1982).
Where a petition for dissolution of marriage was filed in the maiden name of a woman who had never adopted the surname of her husband and the parties were otherwise entitled to a decree of dissolution it was error for the trial court to refuse to enter the decree in the maiden name of the wife. Simmons v. O'Brien, 201 Neb. 778, 272 N.W.2d 273 (1978).
Because the husband's complaint contained each of the allegations required by this section, he stated a claim upon which the district court could grant relief, and the court erred in granting the wife's motion to dismiss for failure to state a claim. Metzler v. Metzler, 25 Neb. App. 757, 913 N.W.2d 733 (2018).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-355 - Defendant; proper service or appearance.

42-355.
Defendant; proper service or appearance.
No marriage shall be dissolved or legal separation decreed unless the defendant has been properly served with process or entered an appearance in the case.
Source
Laws 1972, LB 820, § 9;
Laws 1983, LB 447, § 48;
Laws 2004, LB 1207, § 22.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-356 - Hearings.

42-356.
Hearings.
Hearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions. The court may in its discretion close the hearing and may restrict the availability of the evidence or bill of exceptions.
Source
Laws 1972, LB 820, § 10.
Annotations
Notice and hearing required to modify custody of child except where court retained custody in original order. Brandl v. Brandl, 197 Neb. 778, 251 N.W.2d 155 (1977).
This section does not prohibit a trial court from allowing one of the parties, who is imprisoned and not permitted to personally attend, to appear by telephone during a final hearing held in open court upon the oral testimony of witnesses. Conn v. Conn, 13 Neb. App. 472, 695 N.W.2d 674 (2005).
In matters pertaining to dissolution, such as custody, hearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions. Where a modification of custody is concerned, a judicial determination of the best interests of the children must be based on evidence preserved in the record. Burns v. Burns, 2 Neb. App. 795, 514 N.W.2d 848 (1994).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.01 - Delinquent support order payments; records.

42-358.01.
Delinquent support order payments; records.
Records of delinquencies in support order payments shall be kept by the Title IV-D Division of the Department of Health and Human Services or by the clerks of the district courts pursuant to their responsibilities under law.
Source
Laws 1975, LB 212, § 3;
Laws 2000, LB 972, § 10;
Laws 2007, LB296, § 57.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.03 - Permanent child support payments; failure to pay; work release program.

42-358.03.
Permanent child support payments; failure to pay; work release program.
Any person found guilty of contempt of court for failure to pay permanent child support payments and imprisoned therefor shall be committed to a court-supervised work release program. Ninety percent of earnings realized from such program shall be applied to payment of delinquencies in support payments minus appropriate deductions for the cost of work release.
Source
Laws 1975, LB 212, § 5.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.04 - Delinquent permanent child support payments; remarriage; effect.

42-358.04.
Delinquent permanent child support payments; remarriage; effect.
Remarriage of the person entitled to collect under a permanent child support decree shall not work to cut off delinquent payments due under such decree.
Source
Laws 1975, LB 212, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.05 - Child or spousal support; performance of decree; court powers.

42-358.05.
Child or spousal support; performance of decree; court powers.
After a hearing on the issue, the court may order immediate implementation of income withholding pursuant to the Income Withholding for Child Support Act or require the posting of a bond at the time that a temporary or permanent child support or spousal support decree is issued to insure performance of the decree.
Source
Laws 1975, LB 212, § 7;
Laws 1985, Second Spec. Sess., LB 7, § 12.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.06 - Delinquent permanent child or spousal support payments; lien.

42-358.06.
Delinquent permanent child or spousal support payments; lien.
A lien upon the property of one who is delinquent in permanent child or spousal support payments may be instituted and enforced according to the terms of section 42-371.
Source
Laws 1975, LB 212, § 8;
Laws 1985, Second Spec. Sess., LB 7, § 13.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.

42-358.07.
Clerk of the district court; nonperformance of duties; removal from office.
Any clerk of the district court who fails to perform his or her duties under sections 42-358 to 42-358.07 or the Income Withholding for Child Support Act shall be removed from office after conviction for such offense.
Source
Laws 1975, LB 212, § 9;
Laws 1985, Second Spec. Sess., LB 7, § 14.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-358.08 - Information regarding absent parent; duty to furnish; enforcement.

42-358.08.
Information regarding absent parent; duty to furnish; enforcement.
Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, Public Law 93-579, as amended, each department and agency of state, county, and city government and each employer or other payor as defined in section 43-1709 shall, upon request, furnish to any court-appointed individuals, the county attorney, any authorized attorney, or the Department of Health and Human Services an absent parent's address, social security number, amount of income, health insurance information, and employer's name and address for the exclusive purpose of establishing and collecting child or spousal support. Information so obtained shall be used for no other purpose. This section may be enforced by filing a court action.
Source
Laws 1976, LB 926, § 2;
Laws 1985, Second Spec. Sess., LB 7, § 15;
Laws 1994, LB 1224, § 44;
Laws 1996, LB 1044, § 100;
Laws 1996, LB 1296, § 14;
Laws 1997, LB 229, § 15;
Laws 1997, LB 307, § 17.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-359 - Applications for spousal support or alimony; financial statements.

42-359.
Applications for spousal support or alimony; financial statements.
Applications for spousal support or alimony shall be accompanied by a statement of the applicant's financial condition and, to the best of his or her knowledge, a statement of the other party's financial condition. Such other party may file his or her statement, if he or she so desires, and shall do so if ordered by the court. Statements shall be under oath and shall show income from salary or other sources, assets, debts and payments thereon, living expenses, and other relevant information. Required forms for financial statements may be furnished by the court.
Source
Laws 1972, LB 820, § 13;
Laws 2007, LB554, § 31;
Laws 2008, LB1014, § 31.
Annotations
The filing of a financial statement as required under this section is waived if the parties proceed without objection to hearing and trial without such filing. Danielson v. Danielson, 204 Neb. 776, 285 N.W.2d 494 (1979).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-360 - Reconciliation; transfer of action; when; counseling; costs.

42-360.
Reconciliation; transfer of action; when; counseling; costs.
No decree shall be entered under sections 42-347 to 42-381 unless the court finds that every reasonable effort to effect reconciliation has been made. Proceedings filed pursuant to sections 42-347 to 42-381 shall be subject to transfer to a conciliation court pursuant to section 42-822 or 42-823, in counties where such a court has been established. In counties having no conciliation court, the court hearing proceedings under sections 42-347 to 42-381 may refer the parties to qualified marriage counselors or family service agencies, or other persons or agencies determined by the court to be qualified to provide conciliation services, if the court finds that there appears to be some reasonable possibility of a reconciliation being effected. In no case shall the court order marriage counseling upon the request of only one of the parties to the dissolution or his or her attorney. If both parties agree to attend counseling but do not agree on an assignment of the costs of such counseling, the court, after receiving an application for such costs and upon a showing that the parties cannot agree on an assignment of such costs, shall assign such costs in a temporary or permanent order.
Source
Laws 1972, LB 820, § 14;
Laws 1984, LB 845, § 27;
Laws 1997, LB 229, § 16.
Annotations
It is only when there exists a reasonable possibility of reconciliation that the statutes require efforts be made to effect it. Condreay v. Condreay, 190 Neb. 513, 209 N.W.2d 357 (1973).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.

42-361.
Marriage irretrievably broken; findings; decree issued without hearing; when.
(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.
(3) Sixty days or more after perfection of service of process, the court may enter a decree of dissolution without a hearing if:
(a) Both parties waive the requirement of the hearing and the court has sufficient basis to make a finding that it has subject matter jurisdiction over the dissolution action and personal jurisdiction over both parties; and
(b) Both parties have certified in writing that the marriage is irretrievably broken, both parties have certified that they have made every reasonable effort to effect reconciliation, all documents required by the court and by statute have been filed, and the parties have entered into a written agreement, signed by both parties under oath, resolving all issues presented by the pleadings in their dissolution action.
Source
Laws 1972, LB 820, § 15;
Laws 2004, LB 1207, § 24;
Laws 2011, LB669, § 25.
Annotations
It was not an abuse of discretion for the trial court to deny a motion to vacate its order finding the marriage irretrievably broken where the parties had reached a settlement agreement, but one party refused to sign the agreement until she was able to take possession of certain property. Kibler v. Kibler, 287 Neb. 1027, 845 N.W.2d 585 (2014).
Pursuant to subsection (1) of this section, dissolutions of marriage require that a hearing be conducted in open court and that oral testimony of witnesses or depositions of witnesses be received into evidence; relying upon pleadings alone is insufficient. Brunges v. Brunges, 255 Neb. 837, 587 N.W.2d 554 (1998).
A court must be presented with some form of evidence, be it oral testimony or depositions, in order to make a meaningful finding whether a marriage is irretrievably broken. Wilson v. Wilson, 238 Neb. 219, 469 N.W.2d 750 (1991).
In a case where the evidence was undisputed that the parties had not lived together for a long period of time, the trial court was correct in finding that the parties' marriage was irretrievably broken. Witcig v. Witcig, 206 Neb. 307, 292 N.W.2d 788 (1980).
The finding that marriage was irretrievably broken based upon criminal history of defendant and plaintiff's categorical refusal to effect reconciliation was not unreasonable. Condreay v. Condreay, 190 Neb. 513, 209 N.W.2d 357 (1973).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-361.01 - Legal separation; findings.

42-361.01.
Legal separation; findings.
In a legal separation proceeding:
(1) If both of the parties state under oath or affirmation that they shall thereafter live separate and apart, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation;
(2) If one of the parties has denied under oath or affirmation that they will thereafter live separate and apart, the court shall, after hearing, 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 legal separation should be granted and if so may enter a decree of legal separation; or
(3) Sixty days or more after perfection of service of process, the court may enter a decree of legal separation without a hearing if:
(a) Both parties waive the requirement of the hearing and the court has sufficient basis to make a finding that it has subject matter jurisdiction over the legal separation proceeding and personal jurisdiction over both parties; and
(b) Both parties have certified in writing that they shall thereafter live separate and apart, both parties have certified that they have made every reasonable effort to effect reconciliation, all documents required by the court and by statute have been filed, and the parties have entered into a written agreement, signed by both parties under oath, resolving all issues presented by the pleadings in their legal separation proceeding.
Source
Laws 2012, LB899, § 2.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-363 - Waiting period.

42-363.
Waiting period.
No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.
Source
Laws 1972, LB 820, § 17;
Laws 1974, LB 1015, § 3;
Laws 1989, LB 23, § 1.
Annotations
The waiting period for obtaining a divorce is a jurisdictional requirement. A divorce decree entered after expiration of the 60-day waiting period but based upon evidence adduced at a hearing held prior to expiration of the waiting period is null and void. Wymore v. Wymore, 239 Neb. 940, 479 N.W.2d 778 (1992).
If no attempt is made to have an appellate court review the decree within six months after it is entered, the decree becomes final. As such, it is res judicata as to the rights of the parties. Neither what the parties thought the judge meant nor what the judge thought he or she meant, after time for appeal has passed, is of any relevance. What the decree, as it became final, means as a matter of law as determined from the four corners of the decree is what is relevant. Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.01 - Child support; withholding of earnings; court; powers.

42-364.01.
Child support; withholding of earnings; court; powers.
In any proceeding when a district court, county court, or separate juvenile court has ordered, temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42-364.12, to pay any amount for the support of a minor child, that court shall, following application, hearing, and findings, as required by sections 42-364.02 to 42-364.12, order the employer of such parent:
(1) To withhold, from the parent-employee's nonexempt, disposable earnings presently due and to be due in the future, such amounts as shall reduce and satisfy the parent-employee's previous arrearage in child support payments arising from the parent-employee's failure to comply fully with an order previously entered to pay child support, the parent-employee's obligation to pay child support as ordered by the court as such obligation accrues in the future;
(2) To pay to the parent-employee, on his or her regularly scheduled payday such earnings then due which are not ordered withheld;
(3) To deduct from the sums so withheld an amount set by the court, but not to exceed two dollars and fifty cents in any calendar month, as compensation for the employer's reasonable cost incurred in complying with such order;
(4) To remit within seven calendar days after the date the obligor is paid such sums withheld, less the deduction as allowed by the court pursuant to subdivision (3) of this section, to the State Disbursement Unit;
(5) To refrain from dismissing, demoting, disciplining, and in any way penalizing the parent-employee on account of the proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, and on account of employer compliance with such order or orders; and
(6) To notify in writing the clerk of the court entering such order of the termination of the employment of such parent-employee, the last-known address of the parent-employee, and the name and address of the parent-employee's new employer, if known, and to provide such written notification within thirty days after the termination of employment.
Source
Laws 1974, LB 1015, § 6;
Laws 1983, LB 371, § 4;
Laws 2000, LB 972, § 12.
Annotations
Issues of visitation and previous failure to enforce a child support order are not relevant to proceedings under section 42-358, R.R.S.1943, or section 42-364.01, R.R.S.1943. Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980).
Sections 42-364.01 to 42-364.12 amend section 25-1588, R.R.S.1943, insofar as it contains no limitations on garnishment of disposable earnings in aid of an order for support of a person, and is inconsistent with the provisions of these sections. Ferry v. Ferry, 201 Neb. 595, 271 N.W.2d 450 (1978).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.02 - Child support; withholding of earnings; application; who may file.

42-364.02.
Child support; withholding of earnings; application; who may file.
Any person having a direct interest in the welfare of a minor child may file an application, with the court that has previously ordered a parent to pay any amount for the support of the minor child, requesting the court to hold a hearing on such application and to enter an order as allowed by the provisions of section 42-364.01. Persons having a direct interest in the welfare of a child shall include a parent or legal guardian of the child, a person having custody of the child pursuant to an order of a court of competent jurisdiction, a county attorney, a deputy or assistant county attorney, and an employee of a county welfare office. No court, even if it has custody of a minor child, may initiate such an application.
Source
Laws 1974, LB 1015, § 7;
Laws 1983, LB 371, § 5.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.

42-364.03.
Child support; withholding of earnings; hearing notice; interrogatories.
Upon the filing of an application to withhold and transmit earnings, the court shall set a date, time, and place for a hearing thereon, which hearing shall be set not more than three weeks later than the date such application is filed. The applicant shall then cause to be served on the employer a copy of the application, a notice of hearing and interrogatories to be completed and returned by the employer to the court no later than three days prior to the hearing, which interrogatories when completed shall show whether the parent-employee is an employee of the employer, whether such parent-employee performs work or provides services or makes sales for the employer in Nebraska, the present length of employment of the parent-employee with the employer, the present pay period for such parent-employee, the average earnings for such parent-employee per pay period, the average disposable earnings for such parent-employee per pay period, and the name and address of the person, office or division of the employer responsible for the preparation of the parent-employee's earnings payments. The applicant shall also cause to be served on the parent-employee a copy of the application and a notice of hearing.
Source
Laws 1974, LB 1015, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.04 - Child support; withholding of earnings; service of documents.

42-364.04.
Child support; withholding of earnings; service of documents.
Service of the documents required by the provisions of section 42-364.03 shall be made in the manner provided for service of a summons in a civil action, except that certified mail service may not be used.
Source
Laws 1974, LB 1015, § 9;
Laws 1983, LB 447, § 49;
Laws 1984, LB 845, § 28.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.05 - Child support; withholding of earnings; court; jurisdiction.

42-364.05.
Child support; withholding of earnings; court; jurisdiction.
The court that entered the order requiring the parent to pay any amount for the support of a minor child and in which the application to withhold and transmit earnings is filed shall have jurisdiction of any employer who transacts any business in the state or contracts to supply services or things in the state and of the parent-employee and all the parent-employee's earnings if the parent-employee be a resident of the state, and, if the parent-employee not be a resident of the state, of those earnings of the parent-employee arising from the performance of work, the providing of services, or the sale of goods or services for the employer by the parent-employee in the state. Such court has jurisdiction regardless of where in the state the employer transacts business or contracts to supply services or things, or where the parent-employee resides or performs work, provides services, or sells goods and services. A failure of service, as required by the provisions of sections 42-364.03 and 42-364.04, upon the parent-employee shall not affect the court's jurisdiction of the earnings and of the employer.
Source
Laws 1974, LB 1015, § 10.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.06 - Child support; withholding of earnings; court order.

42-364.06.
Child support; withholding of earnings; court order.
The court shall enter an order as allowed by section 42-364.01 at the hearing on the application for such order, if it finds that it has jurisdiction of the employer and the earnings of the parent-employee, that the parent-employee is an employee as defined in section 42-364.11 of the employer, and that the parent-employee has not complied in full with the previous order of the court requiring such parent-employee to pay for the support of a minor child. Noncompliance with a child support order shall not be found if the child support payments are automatically withheld from the paycheck if (1) any delinquency or arrearage is solely caused by a disparity between the schedule of the regular pay dates and the scheduled date the child support is due, (2) the total amount of child support to be withheld from the paychecks and the amount ordered by the support order are the same on an annual basis, and (3) the automatic deductions for child support are continuous and occurring. Nothing shall prohibit the court from continuing the order to withhold and transmit after the parent-employee has become current on the court-ordered obligation to pay child support. In fixing the amount to be withheld by the employer from the parent-employee's nonexempt, disposable earnings, the court shall determine that amount of earnings which, if paid over a reasonable period, would satisfy in full the child support arrearage existing as of the time of the hearing and would satisfy each child support obligation to come due in the future as such came due and would satisfy over a reasonable period of time the attorney's fee awarded, if any, pursuant to section 42-364.07. The court shall set flat amounts to be withheld, or, if the parent-employee's pay varies substantially from pay period to pay period, it may set a percentage of the nonexempt, disposable earnings to be withheld.
Source
Laws 1974, LB 1015, § 11;
Laws 1983, LB 371, § 6;
Laws 1984, LB 845, § 29;
Laws 1997, LB 18, § 2.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.07 - Child support; withholding of earnings; attorney's fee.

42-364.07.
Child support; withholding of earnings; attorney's fee.
The court may award a reasonable attorney's fee to the applicant for the services of the applicant's attorney in obtaining the order to withhold and transmit earnings. Such fee shall be reasonably related to the time spent by the attorney in obtaining such order and not to the amounts collected or to be collected pursuant to such order. If the court awards an attorney's fee, it shall provide that such fee shall be paid from that portion of the amounts withheld and transmitted to the clerk of the court which the court designates as the attorney fee award.
Source
Laws 1974, LB 1015, § 12.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.08 - Child support; withholding of earnings; limitations.

42-364.08.
Child support; withholding of earnings; limitations.
The amount to be withheld from the parent-employee's disposable income under any order to withhold and transmit earnings entered pursuant to sections 42-364.01 to 42-364.12 shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consumer Protection Credit Act, 15 U.S.C. 1673(b)(2)(A) and (B), nor shall any amount withheld to satisfy a child or spousal support arrearage, when added to the amount withheld to pay current support and the fee provided for in subdivision (3) of section 42-364.01, exceed such maximum amount.
Source
Laws 1974, LB 1015, § 13;
Laws 1986, LB 600, § 8.
Annotations
The basic subsistence limitation under the child support guidelines was not applicable to reduce the amount being withheld from a father's monthly Social Security benefits to pay his child support arrearages. Ybarra v. Ybarra, 28 Neb. App. 216, 943 N.W.2d 447 (2020).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.09 - Child support; withholding of earnings; priority.

42-364.09.
Child support; withholding of earnings; priority.
Any order to withhold and transmit earnings shall have priority over any attachment, execution, garnishment, or wage assignment, unless otherwise ordered by the court.
Source
Laws 1974, LB 1015, § 14.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.10 - Child support; withholding of earnings; order; dissolution; revocation; modification; service.

42-364.10.
Child support; withholding of earnings; order; dissolution; revocation; modification; service.
An order to withhold and transmit earnings shall dissolve without any court action thirty days after the parent-employee ceases employment with the employer. An order to withhold and transmit earnings may be revoked by the court upon application when the parent-employee is not in arrears of any court-ordered child support as of the date of the application. An order to withhold and transmit earnings may be modified or revoked by the court upon application and for good cause shown. All applications to revoke or modify shall be served upon the employer and all persons having an interest in the order to withhold and transmit earnings, by United States certified mail, return receipt requested, addressed to the last-known addresses of such persons.
Source
Laws 1974, LB 1015, § 15;
Laws 1983, LB 371, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.11 - Child support; withholding of earnings; terms, defined.

42-364.11.
Child support; withholding of earnings; terms, defined.
For the purposes of sections 42-364.01 to 42-364.14, unless the context otherwise requires:
(1) Earnings shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and any payments made to an independent contractor for services performed;
(2) Disposable earnings shall mean that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to sections 42-357 and 42-363 to 42-365 or those provisions allowing garnishment, attachment, or execution;
(3) Employer shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department of the state in possession of earnings;
(4) Employee shall mean any person who is compensated by an employer for services performed, regardless of how such compensation is denominated, and shall include independent contractors who receive compensation for services;
(5) Workweek shall mean any seven consecutive days during which a parent-employee performs work, provides services, or sells goods or services for an employer; and
(6) Pay period shall mean that regular interval of time, whether it be daily, weekly, biweekly, semimonthly, monthly, or some other regular interval, for which an employer pays earnings to a parent-employee.
Source
Laws 1974, LB 1015, § 16;
Laws 1983, LB 371, § 8;
Laws 1993, LB 121, § 215;
Laws 2004, LB 1207, § 26.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.12 - Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.

42-364.12.
Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.
Any employer failing to make answer truthfully and completely to the interrogatories propounded pursuant to section 42-364.03 may be punished by the court for civil contempt. The court shall first afford such employer a reasonable opportunity to purge itself of such contempt. Any employer who shall fail or refuse to deliver earnings pursuant to an order to withhold and transmit earnings, when such employer has had in its possession such earnings, shall be personally liable for the amount of such earnings which the employer failed or refused to deliver, together with costs, interest, and reasonable attorney's fees. Any employer who fails to notify in writing the clerk of the court entering an order to withhold and transmit earnings of the termination of the parent-employee and the name and address of the parent-employee's new employer, if known, within thirty days after the termination of employment, may be punished by the court for civil contempt. Any employer who dismisses, demotes, disciplines, or in any way penalizes a parent-employee on account of any proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, or on account of the employer's compliance with such order or orders, shall be liable to the parent-employee for all damages, together with costs, interest thereon, and a reasonable attorney's fee, resulting from the employer's action and may be enjoined by any court of competent jurisdiction from continuing such action. Any proceeding to punish an employer for contempt, to hold the employer liable for earnings not withheld and transmitted, to hold the employer liable for actions taken against the parent-employee, or to enjoin the employer from continuing such actions, must be commenced within ninety days after the employer's act or failure to act upon which such proceeding is based.
Source
Laws 1974, LB 1015, § 17.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.14 - Parent-employee; consent to withholding of earnings; procedure.

42-364.14.
Parent-employee; consent to withholding of earnings; procedure.
Nothing in the Income Withholding for Child Support Act or sections 42-364.01 to 42-364.13 shall be construed as prohibiting a parent-employee from consenting to an order to withhold and transmit earnings as part of a property settlement agreement incorporated into a decree dissolving a marriage or by agreement in a proceeding in the district court, county court, or separate juvenile court in which the payment of child support is an issue. If the parent-employee has consented to such an order, the court shall not be required to hold a separate hearing or make findings as provided in the act or such sections. The clerk of the court shall notify the employer, if any, of the parent-employee of any such order by first-class mail and file a record of such mailing in the court.
Source
Laws 1983, LB 371, § 10;
Laws 2007, LB554, § 33.
Cross References
Income Withholding for Child Support Act, see section 43-1701.