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42.108
Marriage ceremony; who may perform; return; contents.
Every judge, retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony shall make a return of his or her proceedings in the premises, showing the names and residences of at least two witnesses who were present at such marriage. The return shall be made to the county clerk who issued the license within fifteen days after such marriage has been performed. The county clerk shall record the return or cause it to be recorded in the same book where the marriage license is recorded.
42-109 Ceremony; requirements
In the solemnization of marriage no particular form shall be
required, except that the parties shall solemnly declare in the presence
of the magistrate or minister and the attending witnesses, that they
take each other as husband and wife; and in any case there shall be at
least two witnesses, besides the minister or magistrate present at the
ceremony.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866,
c. 34, § 9, p. 255; R.S.1913, § 1548; C.S.1922,
§ 1497; C.S.1929, § 42-109; R.S.1943,
§ 42-109.
42-110 Marriage certificate; provided to parties; form
Whenever a marriage shall have been solemnized pursuant to the
provisions of sections 42-101 to 42-117, the minister or magistrate who
solemnized the same shall give to each of the parties, on request, a
certificate under his hand, specifying the names, ages and places of
residence of the parties married, the names and residences of at least
two witnesses who were present at such marriage, and the time and place
thereof.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866,
c. 34, § 10, p. 255; R.S.1913, § 1549;
C.S.1922, § 1498; C.S.1929, § 42-110; R.S.1943,
§ 42-110.
42-112 Returns; record
The county clerk of each county in the state shall record all such
returns of such marriages in a book to be kept for that purpose within
one month after receiving the returns.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 12, p. 255; R.S.1913, § 1551;
C.S.1922, § 1500; C.S.1929, § 42-112; R.S.1943, § 42-112; Laws 1986,
LB 525, § 9.
42-101 Marriage a civil contract
In law, marriage is considered a civil contract, to which the
consent of the parties capable of contracting is essential.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866,
c. 34, § 1, p. 254; R.S.1913, § 1540; C.S.1922,
§ 1489; C.S.1929, § 42-101; R.S.1943,
§ 42-101.
42-403 Marriages and divorces; void, when unlawful
Marriages and divorces consummated on or after April 8, 1913,
among such Indians, or among their descendants, according to Indian
custom, are hereby declared to be unlawful and shall be punished as
hereinafter provided.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws
1913, c. 68, § 3, p. 202; R.S.1913, § 1609;
C.S.1922, § 1558; C.S.1929, § 42-403; R.S.1943,
§ 42-403.
42-408 Sections, how construed
Nothing in sections 42-402 to 42-407 shall be construed to
constitute a legal separation of a prior legal marriage according to the
laws of this state wherein a license was secured and a ceremony
performed by some person empowered by law to perform such marriage
ceremony of any Indian of whole or mixed blood residing in the state.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws 1913, c. 68, § 8, p. 203; R.S.1913, § 1614;
C.S.1922, § 1563; C.S.1929, § 42-408; R.S.1943, § 42-408; Laws 1999,
LB 8, § 2.
42-102 Minimum age; affliction with venereal disease, disqualification
At the time of the marriage the male must be of the age of
seventeen years or upward, and the female of the age of seventeen years
or upward. No person who is afflicted with a venereal disease shall
marry in this state.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 2, p. 254; R.S.1913, § 1541;
C.S.1922, § 1490; Laws 1923, c. 40, § 1, p. 154; C.S.1929, § 42-102;
R.S.1943, § 42-102; Laws 1963, c. 242, § 1, p. 735; Laws 1965, c. 230,
§ 1, p. 673; Laws 1971, LB 728, § 1; Laws 1978, LB 165, § 1.
42-103 Marriages; when void
Marriages are void (1) when either party has a husband or wife
living at the time of the marriage, (2) when either party, at the time
of marriage, is mentally incompetent to enter into the marriage
relation, and (3) when the parties are related to each other as parent
and child, grandparent and grandchild, brother and sister of half as
well as whole blood, first cousins when of whole blood, uncle and niece,
and aunt and nephew. This subdivision extends to children and relatives
born out of wedlock as well as those born in wedlock.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 3, p. 254; Laws 1911, c. 76, §
1, p. 322; Laws 1913, c. 72, § 1, p. 216; R.S.1913, § 1542; C.S.1922,
§ 1491; C.S.1929, § 42-103; R.S.1943, § 42-103; Laws 1963, c. 243, §
1, p. 736; Laws 1976, LB 990, § 1; Laws 1986, LB 1177, § 14; Laws
1989, LB 22, § 1.
42-104 Solemnization; license; application; requirements
Prior to the solemnization of any marriage in this state, a
license for that purpose shall be obtained from a county clerk in the
State of Nebraska. Applications for a marriage license made with the
county court prior to January 1, 1987, shall be processed and licenses
shall be issued by the county court according to the law and procedures
in effect on the date each application was made. No marriage hereafter
contracted shall be recognized as valid unless such license has been
previously obtained and used within one year from the date of issuance
and unless such marriage is solemnized by a person authorized by law to
solemnize marriages. Each party shall present satisfactory documentary
proof of and shall swear or affirm to the application giving: (1) Full
name of each applicant and residence; and (2) the place, date, and year
of birth of each.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 4, p. 254; R.S.1913, § 1543;
C.S.1922, § 1492; Laws 1923, c. 40, § 2, p. 154; Laws 1925, c. 84, §
1, p. 261; C.S.1929, § 42-104; Laws 1943, c. 103, § 9, p. 348;
R.S.1943, § 42-104; Laws 1971, LB 42, § 1; Laws 1971, LB 728, § 2;
Laws 1975, LB 295, § 1; Laws 1986, LB 525, § 4; Laws 1988, LB 1126, §
2.
42-105 Marriage of minor; conditions upon which a license may be issued
When either party is a minor, no license shall be granted without
the written consent under oath of: (1) Either one of the parents of such
minor, if the parents are living together; (2) the parent having the
legal custody of such minor, if the parents are living separate and
apart from each other; (3) the surviving parent, if one of the parents
of such minor is deceased; or (4) the guardian, conservator, or person
under whose care and government such minor may be, if both parents of
such minor are deceased or if such guardian, conservator, or person has
the legal and actual custody of such minor. The county clerk shall be
justified in issuing the license, without further proof, upon receiving
an affidavit setting forth the facts with reference to the conditions
above specified and giving consent to the marriage, signed by the person
authorized to give written consent under such circumstances.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 5, p. 254; R.S.1913, §§ 1543,
1544; C.S.1922, §§ 1492, 1493; Laws 1923, c. 40, § 2, p. 154; Laws
1925, c. 84, § 1, p. 261; C.S.1929, §§ 42-104, 42-105; R.S.1943, §
42-105; Laws 1945, c. 99, § 1, p. 327; Laws 1975, LB 481, § 28; Laws
1986, LB 525, § 5.
42-106 License issued by county clerk; contents; marriage record; forms
When an application is made for a license to the county clerk, he
or she shall, upon the granting of such license, state in the license
the information contained in the application as provided in section
42-104. The license shall, prior to the issuing thereof, be entered of
record in the office of the county clerk in a suitable book to be
provided for that purpose.
The forms for the application, license, and certificate of marriage
shall be provided by the Department of Health and Human Services at
actual cost as determined by the department.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 6, p. 254; Laws 1869, § 1, p.
167; R.S.1913, § 1545; C.S.1922, § 1494; C.S.1929, § 42-106;
R.S.1943, § 42-106; Laws 1971, LB 728, § 3; Laws 1986, LB 525, § 6;
Laws 1989, LB 344, § 3; Laws 1996, LB 1044, § 96; Laws 2007, LB296, §
55.
42-107 License; issuance prohibited, when
If the required proof is not given, if it shall appear that either
of the parties is legally incompetent to enter into such contract or
that there is any impediment in the way, or if either party is a minor
and the consent mentioned in section 42-105 shall not be given, the
county clerk shall refuse to grant a license.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 7, p. 255; R.S.1913, § 1546;
C.S.1922, § 1495; C.S.1929, § 42-107; R.S.1943, § 42-107; Laws 1971,
LB 728, § 4; Laws 1986, LB 525, § 7.
42-113 Violations; penalty
If any justice, minister, or other person whose duty it is to make
and transmit to the county clerk such certificate shall neglect to make
and deliver the same; if the county clerk shall neglect to record such
certificate; if any person shall undertake to join others in marriage,
knowing that he or she is not legally authorized so to do or knowing of
any legal impediment to the proposed marriage; if any person authorized
to solemnize any marriage shall willfully and knowingly make a false
certificate of any marriage to the county clerk; or if the county clerk
shall willfully and knowingly make a false record of any certificate of
marriage, he or she shall be guilty of a Class I misdemeanor.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 13, p. 255; R.S.1913, § 1552;
C.S.1922, § 1501; C.S.1929, § 42-113; R.S.1943, § 42-113; Laws 1977,
LB 40, § 225; Laws 1986, LB 525, § 10.
42-114 Want of jurisdiction; marriage not void, when
No marriage solemnized before any person professing to be a
minister of the gospel, shall be deemed or adjudged to be void, nor
shall the validity thereof be in any way affected on account of any want
of jurisdiction or authority in such supposed minister; Provided, the
marriage be consummated with a full belief on the part of the persons so
married, or either of them, that they have been lawfully joined in
marriage.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 14, p. 256; R.S.1913, § 1533;
C.S.1922, § 1502; C.S.1929, § 42-114; R.S.1943, § 42-114; Laws 1972,
LB 1032, § 250.
42-115 Marriage according to custom of religious society; certificate; transmission to county clerk
It shall be lawful for every religious society to join together in
marriage such persons as are of the society, according to the rites and
customs of the society to which they belong. The clerk or keeper of the
minutes, proceedings, or other book of the religious society in which
such marriage shall be had, or if there be no such clerk or keeper of
the minutes, then the moderator or person presiding in such society,
shall make out and transmit to the county clerk of the county a
certificate of the marriage, and the same shall be recorded in the same
manner as is provided in sections 42-108 to 42-112.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 15, p. 256; R.S.1913, § 1554;
C.S.1922, § 1503; C.S.1929, § 42-115; R.S.1943, § 42-115; Laws 1986,
LB 525, § 11.
42-116 Marriage certificate and record as evidence
The original certificate and record of marriage made by the
minister, officer, or person, as prescribed in sections 42-101 to
42-117, and the record thereof, made as prescribed, a copy of such
record, duly certified by such officer, or an abstract of marriage as
defined in section 71-601.01, shall be received in all courts and places
as presumptive evidence of the fact of such marriage.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866, c. 34, § 16, p. 256; R.S.1913, § 1555;
C.S.1922, § 1504; C.S.1929, § 42-116; R.S.1943, § 42-116; Laws 2006,
LB 1115, § 29.
42-117 Marriage contracted out of state; when valid
All marriages contracted without this state, which would be valid
by the laws of the country in which the same were contracted, shall be
valid in all courts and places in this state.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866,
c. 34, § 17, p. 257; R.S.1913, § 1556;
C.S.1922, § 1505; C.S.1929, § 42-117; R.S.1943,
§ 42-117.
42-118 Marriages; when voidable
In case of a marriage solemnized when either of the parties is
under the age of legal consent, if they shall separate during such
nonage, and not cohabit together afterwards, or in case the consent of
one of the parties was obtained by force or fraud, and there shall have
been no subsequently voluntary cohabitation of the parties, the marriage
shall be deemed voidable.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:R.S.1866,
c. 16, § 2, p. 128; R.S.1913, § 1557; C.S.1922,
§ 1506; C.S.1929, § 42-118; R.S.1943,
§ 42-118.
42-402 Children; when deemed legitimate
Whenever any man and woman, either of whom is whole or in part of
Indian blood, shall have cohabited together as husband and wife
according to the customs and manners of Indian life, the issue of such
cohabitation shall be taken and deemed to be the legitimate issue of
such persons so living together, notwithstanding the fact that the
father and mother may have been divorced or separated according to
Indian customs, or otherwise, and married to other persons, according to
Indian custom, or otherwise.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws
1913, c. 68, § 2, p. 201; R.S.1913, § 1608;
C.S.1922, § 1557; C.S.1929, § 42-402; R.S.1943,
§ 42-402.
42-403 Marriages and divorces; void, when unlawful
Marriages and divorces consummated on or after April 8, 1913,
among such Indians, or among their descendants, according to Indian
custom, are hereby declared to be unlawful and shall be punished as
hereinafter provided.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws
1913, c. 68, § 3, p. 202; R.S.1913, § 1609;
C.S.1922, § 1558; C.S.1929, § 42-403; R.S.1943,
§ 42-403.
42-404 Marriages; how contracted
Such Indians and their descendants shall procure marriage licenses
and have their marriages solemnized and returns thereof made in the
manner as provided by the laws of this state for the making of marriage
contracts.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws 1913, c. 68, § 4, p. 202; R.S.1913, § 1610;
C.S.1922, § 1559; C.S.1929, § 42-404; R.S.1943, § 42-404; Laws 1989,
LB 80, § 1.
42-405 Divorces; how obtained
Such Indians and their descendants may obtain divorces in the
manner and for the causes provided in the statutes of this state, and
not otherwise.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws
1913, c. 68, § 5, p. 202; R.S.1913, § 1611;
C.S.1922, § 1560; C.S.1929, § 42-405; R.S.1943,
§ 42-405.
42-406 Bigamy; when; penalty
If any Indian who is married according to the provisions of
sections 42-402 to 42-404 shall, while his or her husband or wife is
living, be married to another person, either in legal form or according
to Indian custom, he or she shall be guilty of bigamy and shall be
punished therefor as provided by law.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws 1913, c. 68, § 6, p. 202; R.S.1913, § 1612;
C.S.1922, § 1561; C.S.1929, § 42-406; R.S.1943, § 42-406; Laws 1999,
LB 8, § 1.
42-407 Marriages; record of county judge; legal and competent evidence
Nebraska Revised Statutes - Chapter 42: Husband and Wife Source:Laws 1913, c. 68, § 7, p. 202; R.S.1913, § 1613; C.S.1922, § 1562; C.S.1929, § 42-407; R.S.1943, § 42-407.
42-408 Sections, how construed
Nothing in sections 42-402 to 42-407 shall be construed to
constitute a legal separation of a prior legal marriage according to the
laws of this state wherein a license was secured and a ceremony
performed by some person empowered by law to perform such marriage
ceremony of any Indian of whole or mixed blood residing in the state.
Nebraska Revised Statutes - Chapter 42: Husband and Wife
Source:Laws 1913, c. 68, § 8, p. 203; R.S.1913, § 1614;
C.S.1922, § 1563; C.S.1929, § 42-408; R.S.1943, § 42-408; Laws 1999,
LB 8, § 2.