2006 Nebraska Revised Statutes - § 42-353 — Complaint; contents.

Section 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;

(2) The name and address, if known, of the defendant;

(3) The date and place of marriage;

(4) The name and date of birth of each child whose custody or welfare may be affected by the proceedings;

(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) A statement of the relief sought by the plaintiff, including adjustment of custody, property, and support rights; and

(7) An allegation that the marriage is irretrievably broken.

Source:

Laws 1972, LB 820, § 7

Laws 1997, LB 229, § 13

Laws 2004, LB 1207, § 21

Cross References:

Complaint,statement of jurisdiction required, see section 25-2740.

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).

~Reissue Revised Statutes of Nebraska