Stephens v. Stephens

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Stephens v. Stephens

Case Number
Call Date
April 26, 2017
Case Time
9:00 AM
Court Number
Case Summary

S-16-0431, Robert L. Stephens v. Janet E. Stephens (Appellant)

District Court for Lancaster County, Judge Robert R. Otte

Attorneys: Stefanie S. Flodman and Steven J. Flodman (Johnson, Flodman, Guenzel & Widger) for Appellant — David P. Kyker for Appellee

Civil: Dissolution-- Division of Assets; Neb. Rev. Stat. § 42-362 Support

Proceedings Below: District court dissolved the parties’ marriage, determined that ownership interests maintained by Appellee in five business entities and the appreciation in their value were nonmarital property, and ordered Appellee to pay support in the amount of $1,000 per month for a period of 120 months after finding that Appellant suffered from a mental illness as defined by Neb. Rev. Stat. § 42-362.

Issues: Whether the district court erred by (1) finding that the appreciation in the value of Stephens & Smith during the parties’ marriage was nonmarital, (2) ordering the division of marital property held in three business entities when the articles of organization did not allow for the same; and (3) not finding that spousal support under Neb. Rev. Stat. § 42-362 should continue until Appellant’s mental disability is corrected.