§ 42-347 — Terms, defined

Nebraska § 42-347

• Jurisdiction: Nebraska
• Ch. 42: Households and Families

Text

For purposes of sections 42-347 to 42-381 , unless the context otherwise requires:
(1) Authorized attorney means an attorney (a) employed by the county subject to the approval of the county board, (b) employed by the Department of Health and Human Services, or (c) appointed by the court, who is authorized to investigate and prosecute child and spousal support cases. An authorized attorney shall represent the state as provided in section 43-512.03 ;
(2) Custody includes both legal custody and physical custody;
(3) Dissolution of marriage means the termination of a marriage by decree of a court of competent jurisdiction upon a finding that the marriage is irretrievably broken. The term dissolution of marriage shall be considered synonymous with divorce, and whenever the term divorce appears in the statutes it means dissolution of marriage pursuant to sections 42-347 to 42-381 ;
(4) Joint legal custody has the same meaning as in section 43-2922 ;
(5) Joint physical custody has the same meaning as in section 43-2922 ;
(6) Legal custody has the same meaning as in section 43-2922 ;
(7) Legal separation means a decree of a court of competent jurisdiction providing that two persons who have been legally married shall thereafter live separate and apart and providing for any necessary adjustment of property, support, and custody rights between the parties but not dissolving the marriage;
(8) Physical custody has the same meaning as in section 43-2922 ;
(9) Spousal support, when used in the context of income withholding or any provisions of law which might lead to income withholding, means alimony or maintenance support for a spouse or former spouse when ordered as a part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household;
(10) State Disbursement Unit has the same meaning as in section 43-3341 ;
(11) Support order has the same meaning as in section 43-1717 ; and
(12) Title IV-D Division has the same meaning as in section 43-3341 .

Legislative History

Source: Laws 1972, LB 820, § 1; Laws 1985, Second Spec. Sess., LB 7, § 8; Laws 1987, LB 573, § 1; Laws 1989, LB 401, § 2; Laws 1994, LB 1224, § 42; Laws 1996, LB 1044, § 98; Laws 1997, LB 229, § 7; Laws 1997, LB 307, § 15; Laws 2000, LB 972, § 7; Laws 2007, LB554, § 28. Annotations: Subdivision (3) of this section, which provides that to dissolve a marriage, a court need only find it is irretrievably broken, does not violate the procedural due process provisions of the U.S. and Nebraska Constitutions. Dycus v. Dycus, 307 Neb. 426, 949 N.W.2d 357 (2020). That the parties must be married in order for the court to legally separate them is implicit in subsection (3) of this section. Bogardi v. Bogardi, 249 Neb. 154, 542 N.W.2d 417 (1996). Child support orders entered under sections 42-347 to 42-379 must give effect to child support orders entered under section 43-512.04. Robbins v. Robbins, 219 Neb. 151, 361 N.W.2d 519 (1985). The Nebraska divorce laws are not unconstitutional under the due process or equal protection clauses of the United States and Nebraska Constitutions. Roberts v. Roberts, 200 Neb. 256, 263 N.W.2d 449 (1978). An unqualified allowance of alimony in gross before July 6, 1972, is not subject to modification. Kasper v. Kasper, 195 Neb. 754, 240 N.W.2d 591 (1976). Divorce action pending on appeal is tried de novo on the record in the Supreme Court and decided under terms of the newly effective no fault marriage dissolution act. Hassler v. Hassler, 190 Neb. 86, 206 N.W.2d 40 (1973). Where district court labeled award "spousal support," and parties had no children, it in fact awarded alimony. Mastrocesare v. Mastrocesare, 2 Neb. App. 231, 507 N.W.2d 683 (1993).