§ 42-353 — Complaint; contents

Nebraska § 42-353

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

Text

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.

Legislative History

Source: Laws 1972, LB 820, § 7; Laws 1997, LB 229, § 13; Laws 2004, LB 1207, § 21; Laws 2007, LB221, § 1; Laws 2007, LB554, § 30; Laws 2008, LB1014, § 29; Laws 2012, LB899, § 1. Cross References: Complaint, include whether to be heard by county or district court, see section 25-2740. Parenting Act, see section 43-2920. 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).