Dycus v. Dycus, 307 Neb. 426

Debra filed for dissolution alleging the marriage was irretrievably broken; no minor children; she sought temporary relief and attorney fees.
Michael filed a motion to dismiss and raised facial constitutional challenges to Nebraska’s no-fault divorce statute (asserting procedural due process and special-legislation violations) and denied the marriage was irretrievably broken.
The court held a hearing, issued temporary orders (including temporary alimony, mutual asset restraints, and $1,000 temporary attorney fees), and denied the motion to dismiss.
Discovery dispute: Michael initially resisted formal discovery; court ordered him to vacate the marital residence to allow Debra access and to produce financial records.
Michael did not attend the final hearing (was represented by counsel). The court found the marriage irretrievably broken and awarded Debra a dissolution decree and $4,000 in attorney fees (from claimed $8,216.81).
Michael appealed, principally arguing the no-fault statute is unconstitutional (procedural due process and special-legislation grounds) and contesting the attorney-fee award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of no-fault statute (procedural due process)	No-fault process provides notice, waiting period, hearing, and consideration of evidence — satisfies due process	Eliminating fault lets plaintiff unilaterally end marriage; deprives defendant of meaningful adversarial process and "day in court"	Statute constitutional; procedures (notice, hearing, consideration of evidence) satisfy procedural due process
Special-legislation prohibition (Neb. Const. art. III, § 18)	Statute is of general application to all seeking dissolution	Statute effectively "grants divorces" to plaintiffs by making outcome depend on plaintiff's will	Not special legislation; ban targets special laws granting divorces to specific persons, not general statutes
Motion to dismiss / subject-matter jurisdiction	Court had jurisdiction under statutes and followed statutory procedures	Jurisdiction lacking because decree rested on unconstitutional statute; other procedural defects alleged	Motion properly denied; court had jurisdiction and did not rely on an unconstitutional statute
Attorney fees award	Debra produced detailed billing and affidavit showing services and rates; fees appropriate under statutory/federal criteria	Fees excessive given alleged minimal dispute and conduct; some motions unnecessary	Award affirmed; fees supported by record and not an abuse of discretion

Buchholz v. Buchholz, 197 Neb. 180 (Neb. 1976) (no-fault divorce statutes do not create a property interest in marital status)
Else v. Else, 219 Neb. 878 (Neb. 1985) (adoption of "irretrievably broken" language and elimination of fault structure)
Obergefell v. Hodges, 576 U.S. 644 (U.S. 2015) (right to marry and liberties defining personal identity)
United States v. Windsor, 570 U.S. 744 (U.S. 2013) (marriage-related federal protections discussed)
Pankoe v. Pankoe, 222 A.3d 443 (Pa. Super. 2019) (no-fault divorce statutes require adjudication, not ministerial acts)
In re Marriage of Franks, 189 Colo. 499 (Colo. 1975) (no-fault procedures satisfy due process requirements)
Garza v. Garza, 288 Neb. 213 (Neb. 2014) (factors for awarding attorney fees in dissolution actions)
Doerr v. Doerr, 306 Neb. 350 (Neb. 2020) (standard of review for dissolution and attorney-fee awards)