Written by Leah Gleason
Last month, I wrote about a case that was going through the Nebraska Supreme Court regarding no-fault divorces and the constitutionality them. On October 9, 2020, the Supreme Court of Nebraska decided to affirm the divorce. That means the Court decided that the divorce should be final.
The Defendant in this case argued that he did not receive due process, something provided within the United States Constitution as well as the Nebraska Constitution. The Court found that the Defendant did indeed receive due process. The Defendant had his chance to show the Court that the marriage was not irretrievably broken. The Court pointed out that recent Supreme Court cases require two consenting adults. In this case, one person was not consenting to the marriage anymore.
Ultimately, the Court declined to find the no-fault divorce statutory scheme unconstitutional.
If you want to read the full opinion, here is the link.
https://supremecourt.nebraska.gov/courts/supreme-court/opinions