(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.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1973–2025 · leading case:
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
· cites it 9× “NATURE OF CASE In an appeal from a dissolution decree, the defendant chal- lenges the constitutionality of Neb. Rev. Stat. § 42-361 (Reissue 2016), through which in 1972 the Legislature eliminated the conceptual structure of fault as a requisite for a divorce.”
Wagner v. Wagner, 749 N.W.2d 137 (Neb. 2008).
· cites it 4× “[5] See Neb.Rev.Stat. § 42-361 (Reissue 2004). [6] See Wagner, supra note 2 .”
Brunges v. Brunges, 587 N.W.2d 554 (Neb. 1998).
· cites it 13× “§ 42-361 (Reissue 1993) provides in relevant part: (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing,…”
Else v. Else, 367 N.W.2d 701 (Neb. 1985).
· cites it 2× “” See Neb. Rev. Stat. § 42-361 (Reissue 1984). In this *881 manner a divorce is granted to both husband and wife without any finding or allocation of fault on the part of either party.”
Kibler v. Kibler, 287 Neb. 1027 (Neb. 2014).
· cites it 8× “On May 28, Cheryl filed an amended motion to vacate which added that under Neb. Rev. Stat. § 42-361 (Cum. Supp. 2012), there needs to be a judicial finding or a stipulation between the parties that the marriage is irretrievably Nebraska Advance Sheets KIBLER v.”
Wilson v. Wilson, 469 N.W.2d 750 (Neb. 1991).
· cites it 2× “In addition, Neb. Rev. Stat. § 42-361 (2) (Reissue 1988) provides: 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…”
Witcig v. Witcig, 292 N.W.2d 788 (Neb. 1980).
· cites it 2× “Specifically, she relies on Neb. Rev. Stat. § 42-361 (2) (Reissue 1978), which provides as follows: 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…”
Bhuller v. Bhuller, 767 N.W.2d 813 (Neb. Ct. App. 2009).
· cites it 2× “" Because the parties' pleadings in the instant case raised the issue of child custody, § 43-2929 required the final judgment to incorporate a parenting plan which resolved the issue of visitation.”
Benda v. Sole, 319 Neb. 745 (Neb. 2025).
· cites it 7× “Section § 42-361 concerns a court’s findings before entering a decree of dissolution and provides the same requirements and alternative to the required hear- ing as § 42-361.”
Clason v. Clason (Neb. Ct. App. 2016).
· cites it 2× “Pursuant to Neb. Rev. Stat. § 42-361 (2) (Cum. Supp. 2012), 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…”
Condreay v. Condreay, 209 N.W.2d 357 (Neb. 1973).
· cites it 2× “Section 42-361, R. S. Supp., 1972, provides that the court, in determining if the marriage is irretrievably broken, shall “consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation.”
— Neb. Rev. Stat. § 42-361(1) — 4 cases
Wagner v. Wagner, 749 N.W.2d 137 (Neb. 2008).
“[5] See Neb.Rev.Stat. § 42-361 (Reissue 2004). [6] See Wagner, supra note 2 .”
Brunges v. Brunges, 587 N.W.2d 554 (Neb. 1998).
“§ 42-361 (Reissue 1993) provides in relevant part: (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing,…”
Bhuller v. Bhuller, 767 N.W.2d 813 (Neb. Ct. App. 2009).
“" Because the parties' pleadings in the instant case raised the issue of child custody, § 43-2929 required the final judgment to incorporate a parenting plan which resolved the issue of visitation.”
Benda v. Sole, 319 Neb. 745 (Neb. 2025).
“Section § 42-361 concerns a court’s findings before entering a decree of dissolution and provides the same requirements and alternative to the required hear- ing as § 42-361.”
— Neb. Rev. Stat. § 42-361(2) — 2 cases
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
“NATURE OF CASE In an appeal from a dissolution decree, the defendant chal- lenges the constitutionality of Neb. Rev. Stat. § 42-361 (Reissue 2016), through which in 1972 the Legislature eliminated the conceptual structure of fault as a requisite for a divorce.”
Brunges v. Brunges, 587 N.W.2d 554 (Neb. 1998).
“§ 42-361 (Reissue 1993) provides in relevant part: (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.