A-18-0487, Jason C. Pittack (Appellee) v. Jasmine E. Pittack (Appellant)
Douglas County District Court, Judge W. Russell Bowie
Attorneys for Appellant: Frederick D. Stehlik, Margaret A. Mark, Zachary W. Lutz-Priefert (Gross & Welch, PC LLO)
Attorneys for Appellee: Benjamin M. Belmont, Wm. Oliver Jenkins (Brodkey, Cuddigan, Peebles, Belmont & Line, LLP)
Civil Action: Dissolution of Marriage; Motion to Vacate Decree
Action Taken by the Trial Court: Jason Pittack obtained a decree dissolving his marriage to Jasmine Pittack; Jasmine was not present nor represented by counsel on the day scheduled for trial. Her attorneys had withdrawn a month earlier, and after their withdrawal, the trial date was advanced from a previously scheduled trial date. Jasmine was not awarded alimony despite a significant disparity in income, and she was awarded only supervised parenting time with the parties’ minor children, with Jason given the authority to make decisions related to that parenting time. Within the same court term, Jasmine filed a motion to vacate or set aside the decree based on various reasons. The district court denied her motion.
Assignments of Error on Appeal: Jasmine assigns error to the district court’s denial of her motion to vacate or set aside the divorce decree; she claims: (1) she was improperly noticed as to trial and was not provided notice when the decree was entered, (2) a guardian ad litem should have been appointed for her, (3) Jason committed a fraud upon the court by failing to adequately disclose marital assets, (4) she should have been awarded alimony, and (5) the parenting plan does not comport with Nebraska law.