Chapter 42 — HOUSEHOLDS AND FAMILIES
437 sections in this chapter.
Neb. Rev. Stat. § 42-375 Annulments; persons under disability; who may bring action; denial, when.
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Annulment actions on behalf of persons under disability may be brought by a parent or adult next friend. An annulment may not be decreed if the marriage is found to be voidable and the parties freely cohabited after the ground for annulment has terminated or become known to the i…
Neb. Rev. Stat. § 42-376 Doubted marriage; procedure.
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When the validity of a marriage is doubted, either party may file a complaint and the court shall decree it annulled or affirmed according to the proof. Notice shall be given the other party as in the case of a complaint for dissolution of marriage.
Neb. Rev. Stat. § 42-377 Legitimacy of children.
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Children born to the parties, or to either spouse, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the …
Neb. Rev. Stat. § 42-378 Nullity of marriage; procedure; costs.
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When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree and the court may order such innocent party compensated as in t…
Repealed. Laws 1997, LB 229, § 46.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-380 Restoration of former name; procedure.
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(1) When a pleading is filed pursuant to section 42-353 or pursuant to an action for annulment as authorized by section 42-373, either the plaintiff or the defendant may include a request to restore his or her former name. The court shall grant such request except for good cause …
Neb. Rev. Stat. § 42-381 Minor child; rights of parents.
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In any final decree or decree of modification in an action for dissolution of marriage, declaration concerning the validity of a marriage, legal separation, or declaration of paternity, regardless of the determination of the court relating to the custody of a minor child, (1) eac…
Repealed. Laws 1999, LB 1, § 1.
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[Repealed or reserved.]
Repealed. Laws 2002, LB 1062, § 72.
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[Repealed or reserved.]
Repealed. Laws 2002, LB 1062, § 72.
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[Repealed or reserved.]
Repealed. Laws 2002, LB 1062, § 72.
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[Repealed or reserved.]
Repealed. Laws 2002, LB 1062, § 72.
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[Repealed or reserved.]
Repealed. Laws 1999, LB 8, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-402 Children; when deemed legitimate.
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Whenever any man and woman, either of whom is whole or in part of Indian blood, shall have cohabited together as husband and wife according to the customs and manners of Indian life, the issue of such cohabitation shall be taken and deemed to be the legitimate issue of such perso…
Neb. Rev. Stat. § 42-403 Marriages and divorces; void, when unlawful.
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Marriages and divorces consummated on or after April 8, 1913, among such Indians, or among their descendants, according to Indian custom, are hereby declared to be unlawful and shall be punished as hereinafter provided.
Neb. Rev. Stat. § 42-404 Marriages; how contracted.
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Such Indians and their descendants shall procure marriage licenses and have their marriages solemnized and returns thereof made in the manner as provided by the laws of this state for the making of marriage contracts.
Neb. Rev. Stat. § 42-405 Divorces; how obtained.
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Such Indians and their descendants may obtain divorces in the manner and for the causes provided in the statutes of this state, and not otherwise.
Neb. Rev. Stat. § 42-406 Bigamy; when; penalty.
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If any Indian who is married according to the provisions of sections 42-402 to 42-404 shall, while his or her husband or wife is living, be married to another person, either in legal form or according to Indian custom, he or she shall be guilty of bigamy and shall be punished the…
Neb. Rev. Stat. § 42-407 Marriages; record of county judge; legal and competent evidence.
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The record of Indian marriages made by the county judge pursuant to Laws 1913, Chapter 68, section 7, and certified copies thereof, shall be legal and competent evidence in all proceedings of the facts therein authorized to be stated.
Neb. Rev. Stat. § 42-408 Sections, how construed.
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Nothing in sections 42-402 to 42-407 shall be construed to constitute a legal separation of a prior legal marriage according to the laws of this state wherein a license was secured and a ceremony performed by some person empowered by law to perform such marriage ceremony of any I…
Neb. Rev. Stat. § 42-501 Mortgage; procedure for authorization; limitation.
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When either husband or wife is mentally incompetent and incapable of executing a mortgage relinquishing or encumbering his or her right to the homestead or any other real property of the other, the other may file a complaint in the district court of the county of his or her resid…
Neb. Rev. Stat. § 42-502 Complaint; verification; service; guardian ad litem; costs.
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The complaint shall be verified by the plaintiff and filed in the office of the clerk of the district court of the proper county. A copy thereof, with the notice of the time at which such application will be heard by the court, shall be served personally upon the mentally incompe…
Neb. Rev. Stat. § 42-503 Decree.
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Upon the hearing of the complaint, if the court is satisfied that it is made in good faith by the plaintiff, that he or she or some other person selected by the court is a proper person to exercise the power and make the mortgage, and that it is necessary and proper, the court sh…
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-603 Property acquired; presumption.
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Property acquired, as defined in section 42-617, shall not be regarded as community property unless the contrary be satisfactorily proved.
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Repealed. Laws 1949, c. 129, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-617 Property acquired, definition.
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As used in sections 42-603 and 42-617 to 42-620, the words property acquired shall mean (1) all property acquired by either husband or wife, or both, during marriage, and on and after September 7, 1947, and prior to April 20, 1949, and (2) all property acquired after April 20, 19…
Neb. Rev. Stat. § 42-618 Receipt, management, control, and disposition of property.
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Notwithstanding that any property may in fact be community property, a husband or wife shall have power to receive, manage, control, and dispose of or otherwise deal with property standing in his or her name or under his or her management or control, in such manner as he or she w…
Neb. Rev. Stat. § 42-619 Claims; limitation; affidavit asserting ownership; filing and recording.
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The Legislature recognizes that many husbands and wives have failed to keep proper records; that community income and separate funds have been commingled; that property has been acquired by husband or wife on or after September 7, 1947, in many cases with separate funds; that to …
Neb. Rev. Stat. § 42-620 Severability.
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If, for any reason, any of the foregoing sections 42-603 and 42-617 to 42-619 or any part thereof are held to be invalid, the Legislature declares that it would have passed section 6 irrespective of the fact that such sections or any part thereof may be declared invalid.
Repealed. Laws 1993, LB 500, § 61.
Neb. Rev. Stat. § 42-701 Act, how cited.
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Sections 42-701 to 42-751.01 shall be known and may be cited as the Uniform Interstate Family Support Act.
Neb. Rev. Stat. § 42-702 Definitions.
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In the Uniform Interstate Family Support Act: (1) Child means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the pa…
Neb. Rev. Stat. § 42-703 Tribunal of this state; support enforcement agency.
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(a) The district court is the tribunal of this state. (b) The Department of Health and Human Services is the support enforcement agency of this state.
Neb. Rev. Stat. § 42-704 Remedies cumulative; applicability of act.
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(a) Remedies provided by the Uniform Interstate Family Support Act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) The Uniform Interstate Family Support Act does not: (1) Provi…
Neb. Rev. Stat. § 42-704.01 Application of act to resident of foreign country and foreign support proceeding.
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(a) A tribunal of this state shall apply sections 42-701 to 42-747.04 and, as applicable, sections 42-748.01 to 42-748.13, to a support proceeding involving: (i) A foreign support order; (ii) A foreign tribunal; or (iii) An obligee, obligor, or child residing in a foreign country…