Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-352 (2026)

Proceedings; complaint; filing; service

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1993–2022 · leading case: Burns v. Burns, 879 N.W.2d 375 (Neb. 2016).
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Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). · cites it 3× “The court further concluded that under § 25-217, the case was dismissed by operation of law on December 28, 2013, and that all subsequent pleadings and orders were a nullity.”
Christine W. v. Trevor W., 928 N.W.2d 398 (Neb. 2019). · cites it 2× “No relief has been afforded either party. We encourage the juvenile court to focus on the best interests of the child and to move this matter promptly to a final disposition.”
Metzler v. Metzler, 913 N.W.2d 733 (Neb. Ct. App. 2018). · cites it 3× “Neb. Rev. Stat. § 42-352 (Reissue 2016) states *765 that "[s]ummons [for a proceeding under Neb.”
Dycus v. Dycus, 949 N.W.2d 357 (Neb. 2020). “In any event, we have already held, in Buchholz v. Buchholz 37 that the Nebraska no-fault divorce statutes do not deprive defendants of a substantial vested property interest, as “marriage is not an ordinary civil contract.”
Osborn v. Osborn, 550 N.W.2d 58 (Neb. Ct. App. 1996). · cites it 6× “Furthermore, under Neb. Rev. Stat. § 42-352 (Reissue 1993), “[a] proceeding under sections 42-347 to 42-379 shall be commenced by filing a petition in the district court.”
Hamilton v. Hamilton, 496 N.W.2d 507 (Neb. 1993). · cites it 3× “It is also to be noted that the service language of § 42-365 was adopted at the same time as was Neb. Rev. Stat. § 42-352 (Reissue 1988), which reads, in pertinent part: “A proceeding under sections 42-347 to 42-379 shall be commenced by filing a petition in the district court.”
Burns v. Burns, 872 N.W.2d 900 (Neb. Ct. App. 2015). · cites it 5× “Neb. Rev. Stat. § 42-352 (Reissue 2008) (emphasis supplied).”
Metzler v. Metzler, 25 Neb. Ct. App. 757 (Neb. Ct. App. 2018). · cites it 3× “Neb. Rev. Stat. § 42-352 (Reissue 2016) states - 765 - Nebraska Court of A ppeals A dvance Sheets 25 Nebraska A ppellate R eports METZLER v.”
Fellers v. Fellers, No. A-15-560 (Neb. Ct. App. Oct. 25, 2016). · cites it 2× “See Neb. Rev. Stat. §§ 42-352 (Reissue 2008) and 42-364(6) (Cum.”
Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019). · cites it 2× “If the party requests a county court judge, “the county court judge assigned to hear cases in the county in which the matter is filed at the time of the hearing is deemed appointed by the district court and the consent of the county court judge is not required.”7 Where the…”
Hodgen v. Hodgen, No. A-19-285 (Neb. Ct. App. Nov. 19, 2019). · cites it 2× “See, also, Neb. Rev. Stat. § 42-352 (Reissue 2016) (“A proceeding under sections 42-347 to 42-381 shall be commenced by filing a complaint in the district court.”
McNulty v. NcNulty, No. A-21-446 (Neb. Ct. App. Mar. 8, 2022). · cites it 2× “See, also, Neb. Rev. Stat. § 42-352 (Reissue 2016) (proceeding under §§ 42-347 to 42-381 shall be commenced by filing complaint in district court; proceeding may be heard by county court or district court as provided in § 25-2740).”
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