Legal Opinion · Dissent

Gerber v. Gerber

Nebraska Supreme Court

Decided August 3, 1984No. 83-749Published

1DissentShanahan, J.

The majority promulgates a procedural precept: no bifurcation (disposition of issues in separate trials). We have moved from disapproval of bifurcation in Humphrey v. Humphrey, 215 Neb. 664, 340 N.W.2d 381 (1983), to prohibition in Gerber.

The majority requires that atrial court must have disposed of *232every issue arising out of a dissolution proceeding before there is a final or appealable order. Consequently, whether a marriage is irretrievably broken, issues with respect to children (custody, visitation, and support) and issues involving alimony and marital property are absolutely inseparable…

2Cases cited5 opinions

  1. Hyman v. HymanDistrict Court of Appeal of Florida · 1975
  2. In Re Marriage of FinkCalifornia Court of Appeal · 1976
  3. Humphrey v. HumphreyNebraska Supreme Court · 1983
  4. Putnam v. FanningCourt of Appeals of Kentucky (pre-1976) · 1973
  5. Drew v. DrewSupreme Court of Minnesota · 1976

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