Discretionary appointment of counsel – Party “mentally ill”

Nebraska , Legislation , Divorce

In divorce proceedings where one spouse may be mentally ill, “a guardian ad litem or an attorney, or both, shall be appointed to represent the interests of such spouse. Such guardian’s fee or attorney’s fee, or both . . . shall be paid by the county if the parties are unable to do so.” Neb. Rev. Stat. § 42-362.

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.