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.
Notes of Decisions
Eric H. v. Ashley H., 302 Neb. 786 (Neb. 2019).
· cites it 2× “, Neb. Rev. Stat. § 42-353 (Reissue 2016). But otherwise, the ordinary rules of pleading apply to proceedings to modify custody.”
Metzler v. Metzler, 25 Neb. Ct. App. 757 (Neb. Ct. App. 2018).
· cites it 4× “We find the district court erred in granting Mary's motion to dismiss David's complaint for lack of subject matter jurisdiction.”
Caniglia v. Caniglia, 830 N.W.2d 207 (Neb. 2013).
· cites it 2× “20 Compare Neb. Rev. Stat. § 42-353 (Cum. Supp. 2012).”
Else v. Else, 367 N.W.2d 701 (Neb. 1985).
· cites it 2× “See Neb. Rev. Stat. § 42-353 (Reissue 1984). To dissolve a marriage a court need only find that a marriage is “irretrievably broken.”
Miller v. Miller, 328 N.W.2d 210 (Neb. 1982).
· cites it 2× “Neb. Rev. Stat. § 42-353 (5) (Reissue 1978) requires that a petition for dissolution of marriage recite whether the petitioner is a party to any other pending action for divorce, separation, or dissolution of marriage and, if so, that it state where such action is pending.”
Simmons v. O'BRIEN, 272 N.W.2d 273 (Neb. 1978).
· cites it 2× “The basis of the trial court finding was section 42-353, R. R. S. 1943, which describes the form of the petition in marriage dissolution cases.”
Metzler v. Metzler, 25 Neb. Ct. App. 757 (Neb. Ct. App. 2018).
· cites it 4× “We find the district court erred in grant- ing Mary’s motion to dismiss David’s complaint for lack of subject matter jurisdiction.”
Eric H. v. Ashley H., 302 Neb. 786 (Neb. 2019).
· cites it 2× “, Neb. Rev. Stat. § 42-353 (Reissue 2016). But otherwise, the ordi- nary rules of pleading apply to proceedings to modify custody.”
Eric H. v. Ashley H., 302 Neb. 786 (Neb. 2019).
· cites it 2× “, Neb. Rev. Stat. § 42-353 (Reissue 2016). But otherwise, the ordi- nary rules of pleading apply to proceedings to modify custody.”
Thompson v. Thompson (Neb. Ct. App. 2020).
· cites it 2× “, Neb. Rev. Stat. § 42-353 (Reissue 2016). But otherwise, the ordinary rules of pleading apply to proceedings to modify custody.”
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