Buchholz v. Buchholz
197 Neb. 180, 248 N.W.2d 21 (1976)
- Mr. and Ms. Buchholz broke up. Mr. Buchholz filed for divorce. Ms. Buchholz contested the divorce.
- Ms. Buchholz claimed that she had a property interest in her marriage, and for the divorce to be granted would deprive her of her property in violation of due process, and was therefore unconstitutional under the 14th Amendment.
- The Trial Court granted the divorce, Ms. Buchholz appealed.
- The Appellate Court affirmed. Ms. Buchholz appealed.
- The Nebraska Supreme Court affirmed.
- The Nebraska Supreme Court found that marriage is not a property interest, but is a personal relationship subject to dissolution on terms fixed by State law.
- Up until 1969, the only way to get a divorce was if there was fault. In a fault divorce, only the innocent party could file for divorce. The introduction of the no-fault divorce, meant that completely innocent parties could suddenly find themselves divorced.