25-903

25-903. Dissolution of a covenant marriage;
grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a
covenant marriage pursuant to this chapter the court shall not enter a decree of
dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds
any of the following:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or
imprisonment in any federal, state, county or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one
year before the petitioner filed for dissolution of marriage and refuses to return. A
party may file a petition based on this ground by alleging that the respondent spouse has
left the matrimonial domicile and is expected to remain absent for the required
period. If the respondent spouse has not abandoned the matrimonial domicile for the
required period at the time of the filing of the petition, the action shall not be
dismissed for failure to state sufficient grounds and the action shall be stayed for the
period of time remaining to meet the grounds based on abandonment, except that the court
may enter and enforce temporary orders pursuant to section 25-315 during the time that
the action is pending.

4. The respondent spouse has physically or sexually abused the spouse seeking the
dissolution of marriage, a child, a relative of either spouse permanently living in the
matrimonial domicile or has committed domestic violence as defined in section 13-3601 or
emotional abuse.

5. The spouses have been living separate and apart continuously without
reconciliation for at least two years before the petitioner filed for dissolution of
marriage. A party may file a petition based on this ground by alleging that it is
expected that the parties will be living separate and apart for the required period. If
the parties have not been separated for the required period at the time of the filing of
the petition, the action shall not be dismissed for failure to state sufficient grounds
and the action shall be stayed for the period of time remaining to meet the grounds based
on separation, except that the court may enter and enforce temporary orders pursuant to
section 25-315 during the time that the action is pending.

6. The spouses have been living separate and apart continuously without
reconciliation for at least one year from the date the decree of legal separation was
entered.

7. The respondent spouse has habitually abused drugs or alcohol.

8. The husband and wife both agree to a dissolution of marriage.