S-21-939 Carmen Alicia Aquino Bleich (Appellant) v. Arlin Edward Bleich (Appellee)
Appeal from the District court for Lancaster County, Judge Susan I. Strong
Attorneys: Brett McArthur (Brett McArthur Law Firm for Appellant) and Andrew M. Ferguson and Timothy J. Buckley (Smith, Slusky, Pohren & Rogers for Appellee).
Civil: Complaint for Dissolution, Jurisdiction, and Dismissal
Proceedings below: The District Court for Lancaster County dismissed a Complaint for Dissolution of Marriage, finding a Decree of Dissolution had been previously entered in Venezuela. On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to docket of the Nebraska Supreme Court.
Issues: On appeal, Appellant alleges the following assignments of error: 1) The district court erred as a matter of law in recognizing the Venezuelan divorce decree between the parties, as the Plaintiff was not present during the divorce hearing but was only represented by counsel; 2) The district court erred as a matter of law in finding that Plaintiff was estopped from challenging the Venezuelan decree because she participated in the divorce action; 3) The district court erred as a matter of law in recognizing the Venezuelan divorce decree when it does not provide for a division of the marital assets and therefore violates the public policy of the state of Nebraska; 4) The district court erred as a matter of law in dismissing Plaintiffs petition before discovery could be completed with regard to the residence of the parties at the time of the Venezuelan divorce.