Nebraska Revised Statutes

Neb. Rev. Stat. § 42-352 (2026)

Proceedings; complaint; filing; service

✓ current as of July 2026
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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).
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., 303 Neb. 245 (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, 25 Neb. Ct. App. 757 (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, 307 Neb. 426 (Neb. 2020). “426 [14] We hold that § 42-347(3) does not violate the pro- cedural due process provisions of the U.S. and Nebraska Constitutions.”
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.”
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.”
Burns v. Burns (Neb. Ct. App. 2015). · cites it 5× “Neb. Rev. Stat. § 42-352 (Reissue 2008) (emphasis supplied).”
Fellers v. Fellers (Neb. Ct. App. 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× “2 § 42-352. 3 Neb. Rev. Stat. § 25-2740 (Cum.”
Hodgen v. Hodgen (Neb. Ct. App. 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 (Neb. Ct. App. 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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