§ 42-361.01 — Legal separation; findings

Nebraska § 42-361.01

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

Text

In a
legal separation proceeding:
(1)
If both of the parties state under oath or affirmation that they shall thereafter
live separate and apart, or one of the parties so states and the other does
not deny it, the court, after hearing, shall make a finding whether the legal
separation should be granted and if so may enter a decree of legal separation;
(2)
If one of the parties has denied under oath or affirmation that they will
thereafter live separate and apart, the court shall, after hearing, 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 legal separation should be granted and if so may enter a decree
of legal separation; or
(3) Sixty days or more after perfection
of service of process, the court may enter a decree of legal separation 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 legal separation proceeding and personal jurisdiction over both parties;
and
(b) Both parties have certified in writing that they shall thereafter
live separate and apart, 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 legal separation proceeding.

Legislative History

Source: Laws 2012, LB899, § 2.