[Download] "Gene M. Lienemann v. Margaret A. Lienemann" by Supreme Court of Nebraska " eBook PDF Kindle ePub Free
eBook details
- Title: Gene M. Lienemann v. Margaret A. Lienemann
- Author : Supreme Court of Nebraska
- Release Date : January 09, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The principal question involved in this appeal is the determination by this court of whether Laws 1972, L.B. 820, commonly called the no-fault divorce law, governs the trial of this case on appeal in this court. This case was tried on September 3, 1971. L.B. 820 became effective on July 6, 1972. The lower court sustained the defendant's motion to dismiss the plaintiff's petition for an absolute divorce under the law effective prior to L.B. 820, on the ground of insufficiency of evidence and because of lack of corroboration. At the Conclusion of the defendant's evidence the trial court sustained the plaintiff's motion to dismiss the defendant's cross-petition for divorce from bed and board on the ground of lack of corroboration. The trial court made no Disposition of the issues of child custody, support, and alimony. On appeal and trial de novo in this court as provided by law, we remand the cause to the district court with directions to enter a decree appropriate to the provisions of Laws 1972, L.B. 820, either by way of absolute divorce or decree of legal separation, and to receive evidence and to determine the questions of maintenance or alimony, child custody, child support, and the division of property of the parties. The parts of section 33 of L.B. 820, the no-fault divorce act, which this court is called upon to construe to determine the essential question involved in this case, are: ""(2) This act shall apply to all pending actions and proceedings commenced prior to its effective date with respect to issues on which a judgment has not been entered. Pending actions for divorce or separation shall be deemed to have been commenced on the basis of irretrievable breakdown. Evidence adduced after the effective date of this act shall be in compliance with this act. * * * (4) In any action or proceeding in which an appeal was pending or a new trial was ordered prior to the effective date of this act, the law in effect at the time of the order sustaining the appeal or the new trial shall govern the appeal, the new trial, and any subsequent trial or appeal.""