Benda v. Sole

Summary

The Nebraska Supreme Court affirmed the operative dissolution decree, holding that the prior legal separation decree was not void merely because the parties did not submit the written certification required for proceeding without an evidentiary hearing. Because the separation decree was final and was not timely appealed, its property, custody, support, and alimony provisions could not be collaterally attacked or relitigated in the later dissolution proceeding. The court also upheld the modification increasing the wife's equalization payment because it compensated her for a previously undisclosed retirement account and was not unconscionable.