42-353. Complaint; contents.
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.
Source
Cross References
Annotations
The mere pendency of another action does not necessarily ipso facto require that a demurrer be sustained and the second action dismissed. Miller v. Miller, 213 Neb. 219, 328 N.W.2d 210 (1982).
Where a petition for dissolution of marriage was filed in the maiden name of a woman who had never adopted the surname of her husband and the parties were otherwise entitled to a decree of dissolution it was error for the trial court to refuse to enter the decree in the maiden name of the wife. Simmons v. O'Brien, 201 Neb. 778, 272 N.W.2d 273 (1978).
Because the husband's complaint contained each of the allegations required by this section, he stated a claim upon which the district court could grant relief, and the court erred in granting the wife's motion to dismiss for failure to state a claim. Metzler v. Metzler, 25 Neb. App. 757, 913 N.W.2d 733 (2018).
Structure Nebraska Revised Statutes
Chapter 42 - Households and Families
42-101 - Marriage a civil contract.
42-102 - Minimum age; affliction with venereal disease, disqualification.
42-103 - Marriages; when void.
42-104 - Solemnization; license; application; requirements.
42-105 - Marriage of minor; conditions upon which a license may be issued.
42-106 - License issued by county clerk; contents; marriage record; forms.
42-107 - License; issuance prohibited, when.
42-108 - Marriage ceremony; who may perform; return; contents.
42-109 - Ceremony; requirements.
42-110 - Marriage certificate; provided to parties; form.
42-114 - Want of jurisdiction; marriage not void, when.
42-116 - Marriage certificate and record as evidence.
42-117 - Marriage contracted out of state; when valid.
42-118 - Marriages; when voidable.
42-201 - Wife's separate property; not available for husband or his debts; exception.
42-202 - Married woman; capacity to contract; same as married man.
42-203 - Married woman; capacity to carry on business; earnings.
42-204 - Married woman; marriage solemnized out of state; property rights.
42-205 - Sections, how construed.
42-206 - Debts of wife contracted before marriage; husband not liable.
42-207 - Married woman; not bound by covenant in joint deed.
42-341 - Decree of another jurisdiction; no force or effect; when.
42-342 - Residence; prima facie evidence.
42-343 - Sections, how construed.
42-345 - Decree of divorce; prior to August 27, 1951; validity.
42-346 - Decree of divorce; validity.
42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.
42-349 - Dissolution; action; conditions.
42-350 - Legal separation; amendment of pleadings; when.
42-351 - County or district court; jurisdiction.
42-352 - Proceedings; complaint; filing; service.
42-355 - Defendant; proper service or appearance.
42-357 - Temporary and ex parte orders; violation; penalty.
42-358.01 - Delinquent support order payments; records.
42-358.03 - Permanent child support payments; failure to pay; work release program.
42-358.04 - Delinquent permanent child support payments; remarriage; effect.
42-358.05 - Child or spousal support; performance of decree; court powers.
42-358.06 - Delinquent permanent child or spousal support payments; lien.
42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.
42-358.08 - Information regarding absent parent; duty to furnish; enforcement.
42-359 - Applications for spousal support or alimony; financial statements.
42-360 - Reconciliation; transfer of action; when; counseling; costs.
42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.
42-361.01 - Legal separation; findings.
42-362 - Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
42-364.01 - Child support; withholding of earnings; court; powers.
42-364.02 - Child support; withholding of earnings; application; who may file.
42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.
42-364.04 - Child support; withholding of earnings; service of documents.
42-364.05 - Child support; withholding of earnings; court; jurisdiction.
42-364.06 - Child support; withholding of earnings; court order.
42-364.07 - Child support; withholding of earnings; attorney's fee.
42-364.08 - Child support; withholding of earnings; limitations.
42-364.09 - Child support; withholding of earnings; priority.
42-364.11 - Child support; withholding of earnings; terms, defined.
42-364.13 - Support order; requirements.
42-364.14 - Parent-employee; consent to withholding of earnings; procedure.
42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.
42-364.16 - Child support guidelines; establishment; use.
42-364.18 - Individuals with disabilities; legislative findings.
42-365 - Decree; alimony; division of property; criteria; modification; revocation; termination.
42-366 - Property settlements; effect; enforcement; modification.
42-367 - Temporary allowance; costs; payment.
42-368 - Decree of separation; support order; modification; revocation.
42-370 - Contempt proceedings; attorney's fees; costs.
42-372.01 - Decree; when final.
42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.
42-372.03 - Legal separation decree; application to set aside decree.
42-373 - Annulments; procedure.
42-374 - Annulment; conditions.
42-375 - Annulments; persons under disability; who may bring action; denial, when.
42-376 - Doubted marriage; procedure.
42-377 - Legitimacy of children.
42-378 - Nullity of marriage; procedure; costs.
42-380 - Restoration of former name; procedure.
42-381 - Minor child; rights of parents.
42-402 - Children; when deemed legitimate.
42-403 - Marriages and divorces; void, when unlawful.
42-404 - Marriages; how contracted.
42-405 - Divorces; how obtained.
42-406 - Bigamy; when; penalty.
42-407 - Marriages; record of county judge; legal and competent evidence.
42-408 - Sections, how construed.
42-501 - Mortgage; procedure for authorization; limitation.
42-502 - Complaint; verification; service; guardian ad litem; costs.
42-603 - Property acquired; presumption.
42-617 - Property acquired, definition.
42-618 - Receipt, management, control, and disposition of property.
42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.
42-703 - Tribunal of this state; support enforcement agency.
42-704 - Remedies cumulative; applicability of act.
42-704.01 - Application of act to resident of foreign country and foreign support proceeding.
42-705 - Basis for jurisdiction over nonresident.
42-706 - Continuing personal jurisdiction.
42-707 - Initiating and responding tribunal of this state.
42-708 - Simultaneous proceedings.
42-709 - Continuing, exclusive jurisdiction.
42-710 - Enforcement of support order by tribunal having continuing jurisdiction.
42-711 - Recognition of controlling child support order.
42-712 - Child support orders for two or more obligees.
42-713 - Credits for payments.
42-713.01 - Application of act to nonresident subject to personal jurisdiction.
42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.
42-714 - Proceedings under the Uniform Interstate Family Support Act.
42-715 - Action by minor parent.
42-716 - Application of law of this state.
42-717 - Duties of initiating tribunal.
42-718 - Duties and powers of responding tribunal.
42-719 - Inappropriate tribunal.
42-720 - Duties of support enforcement agency.
42-721 - Attorney General; powers.
42-723 - Duties of state information agency.
42-724 - Pleadings and accompanying documents.
42-725 - Nondisclosure of information in exceptional circumstances.
42-727 - Limited immunity of petitioner.
42-728 - Nonparentage as defense.
42-729 - Special rules of evidence and procedure.
42-730 - Communications between tribunals.
42-731 - Assistance with discovery.
42-732 - Receipt and disbursement of payments.
42-733 - Establishment of support order.
42-733.01 - Proceeding to determine parentage.
42-734 - Employer's receipt of income withholding order of another state.
42-734.01 - Employer's compliance with income withholding order of another state.
42-734.02 - Compliance with two or more income withholding orders.
42-734.03 - Immunity from civil liability.
42-734.04 - Penalties for noncompliance.
42-734.05 - Contest by obligor.
42-735 - Administrative enforcement of orders.
42-736 - Registration of order for enforcement.
42-737 - Procedure to register order for enforcement.
42-738 - Effect of registration for enforcement.
42-740 - Notice of registration of order.
42-741 - Procedure to contest validity or enforcement of registered support order.
42-742 - Contest of registration or enforcement.
42-744 - Procedure to register child support order of another state for modification.
42-745 - Effect of registration for modification.
42-746 - Modification of child support order of another state.
42-747 - Recognition of order modified in another state; enforcement.
42-747.02 - Notice to issuing tribunal of modification.
42-747.03 - Jurisdiction to modify child support order of foreign country.
42-747.04 - Procedure to register child support order of foreign country for modification.
42-748.06 - Registration of Convention support order.
42-748.07 - Contest of registered Convention support order.
42-748.08 - Recognition and enforcement of registered Convention support order.
42-748.09 - Partial enforcement.
42-748.10 - Foreign support agreement.
42-748.11 - Modification of Convention child support order.
42-748.12 - Personal information; limit on use.
42-748.13 - Record in original language; English translation.
42-749 - Grounds for rendition.
42-750 - Conditions of rendition.
42-751 - Uniformity of application and construction.
42-751.01 - Transitional provision.
42-801 - Purposes of sections.
42-803 - Applicability of law.
42-804 - County court and district court; jurisdiction.
42-805 - Designation of judge.
42-807 - Acting judge; appointment.
42-810 - Hearings; conferences; files; confidentiality.
42-811 - Controversy between spouses; jurisdiction of court.
42-812 - Petition; filing; effect.
42-815 - Forms; furnished by county; petitions; complaints; refer to court.
42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.
42-818 - Hearing; time; place; objection; effect.
42-820 - Hearing; orders; effect; reconciliation agreement.
42-823 - Application for proceedings; minor child not involved; jurisdiction.
42-904 - Department; programs and services; duties.
42-905 - Comprehensive support services; enumerated.
42-906 - Support services; to whom provided.
42-907 - Emergency services; enumerated.
42-908 - Department; victim; diagnostic assessment; referral; followup.
42-909 - Department; victim; provide support services; plan of action.
42-910 - Department; services for children; enumerated.
42-911 - Department; victims; provide resource information.
42-912 - Department; develop client feedback; collect statistical data.
42-913 - Department; person who commits domestic abuse; programs and services.
42-914 - Department; domestic violence; develop educational curriculum.
42-915 - Department; families; develop community support systems.
42-916 - Department; family program; prevent generational continuation of abuse.
42-917 - Delivery of services; cooperation; coordination of programs.
42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
42-919 - Programs; administered independent of welfare assistance programs.
42-920 - Department; contract for services.
42-921 - Department; power to accept gifts, grants, devises, and bequests; use.
42-922 - Department; adopt rules and regulations.
42-924.01 - Protection order; filed, issued, and served without payment of costs; when.
42-924.02 - Protection order; forms provided; State Court Administrator; duties.
42-924.03 - Protection order granted to respondent; when.
42-927 - Law enforcement agencies; education and training programs.
42-928 - Protection order; restraining order; violation; arrest, when.
42-929 - Arrest; peace officer; duties; conditions of release.
42-931 - Foreign protection order; enforcement.
42-934 - Judicial enforcement of order.
42-935 - Nonjudicial enforcement of order.
42-936 - Registration of order.
42-939 - Uniformity of application and construction.
42-940 - Applicability of act.
42-1007 - Enforcement; void marriage.
42-1008 - Limitation of actions.
42-1009 - Application and construction.
42-1011 - Time of taking effect.
42-1103 - Qualified domestic relations order; requirements.
42-1104 - Order; payment of benefits; alternate payee.
42-1105 - Order; form of benefit payment.
42-1106 - Death of alternate payee; effect.
42-1107 - Order; surviving spouse; payment option.
42-1108 - Order; alternate payee; file with board; notice.
42-1109 - Rules and regulations.
42-1110 - Qualified domestic relations order; how determined; procedure.
42-1111 - Director; separate accounting required; when; investment authority.
42-1112 - Order filed prior to July 19, 1996; applicability.
42-1205 - Certification; forfeiture or cancellation; when.
42-1206 - Address or substitute address; use; when.
42-1207 - Early voting; authorized.
42-1208 - Secretary of State; use of substitute address; exceptions.
42-1209 - Program participants; application assistance.
42-1210 - Rules and regulations.
42-1301 - Transferred to section 30-701.
42-1302 - Transferred to section 30-702.