(1) A decree dissolving a marriage becomes final and operative, except for the purpose of review by appeal, at the time specified in section 42-372.01.
(2) For the purpose of review by appeal, the decree shall be treated as a final order as soon as it is entered. If an appeal is instituted that does not challenge the finding that the marriage is irretrievably broken, then the decree shall become final and operative, as to that portion of the decree that dissolves the marriage, at the time specified in section 42-372.01 as if no such appeal had been instituted. If an appeal is instituted within thirty days after the date the decree is entered that challenges the finding that the marriage is irretrievably broken, such decree does not become final until such proceedings are finally determined or the date of death of one of the parties to the dissolution, whichever occurs first.
Notes of Decisions
Cited in
32
cases (
1 in the last 5 years), 1973–2021 · leading case:
Younkin v. Younkin, 375 N.W.2d 894 (Neb. 1985).
Younkin v. Younkin, 375 N.W.2d 894 (Neb. 1985).
· cites it 10× “A decree dissolving a marriage shall not become final or operative until six months after the decree is rendered, except for the purpose of review by appeal, and for such purpose only the decree shall be treated as a final order as soon as rendered.”
Neujahr v. Neujahr, 393 N.W.2d 47 (Neb. 1986).
· cites it 6× “2d 512 (1963), or modification of the decree, Neb.Rev.Stat. § 42-372 (Reissue 1978)." It is true that in Kasparek v.”
Vacek v. Ames, 377 N.W.2d 86 (Neb. 1985).
· cites it 4× “We conclude that the evidence as to the defendant's income was admissible under the circumstances in this case.”
Novak v. Novak, 508 N.W.2d 283 (Neb. Ct. App. 1993).
· cites it 4× “2d 646 (1973) (holding that Neb. Rev. Stat. § 42-372 (Cum. Supp. 1972) permitting the trial court to modify its decree within 6 months impliedly requires a showing of good cause).”
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996).
· cites it 4× “Neb. Rev. Stat. § 42-372 (l)(b) (Reissue 1993).”
State v. Palmer, 338 N.W.2d 281 (Neb. 1983).
· cites it 4× “Neb.Rev.Stat. § 42-372 (Reissue 1978) specifically provides in part: "A decree dissolving a marriage shall not become final or operative until six months after the decree is rendered, except for the purpose of review by appeal, and for such purpose only the decree shall be…”
Tejral v. Tejral, 369 N.W.2d 359 (Neb. 1985).
· cites it 8× “Petitioner timely appealed to this court, alleging as error that the district court abused its discretion in granting respondent's motion.”
Neujahr v. Neujahr, 357 N.W.2d 219 (Neb. 1984).
· cites it 5× “2d 512 (1963), or modification of the decree, Neb. Rev. Stat. § 42-372 (Reissue 1978). On the contrary, both parties employed coercive contempt procedures.”
Anderson v. Anderson, 554 N.W.2d 177 (Neb. Ct. App. 1996).
· cites it 2× “When, however, the party seeks modification of a divorce decree within 6 months, as provided by Neb. Rev. Stat. § 42-372 (Reissue 1993), such modifications can only be made upon a showing of good cause after notice has been given to all interested parties and a hearing has…”
Dunning v. Tallman, 504 N.W.2d 85 (Neb. 1993).
· cites it 2× “See Neb. Rev. Stat. § 42-372 (Reissue 1988). In December 1988, Dunning began a new business venture with Christensen.”
Dewey v. Dewey, 223 N.W.2d 826 (Neb. 1974).
· cites it 12× “This is an appeal from an order of the District Court made upon an application under section 42-372, R. R. S. 1943, to vacate and modify a decree dissolving a marriage.”
In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984).
· cites it 8× “§ 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979).”
— Neb. Rev. Stat. § 42-372(1)(b) — 1 case
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996).
“Neb. Rev. Stat. § 42-372 (l)(b) (Reissue 1993).”
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