State Codes and Statutes

Statutes > Nebraska > Chapter42 > 42-104

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. SourceR.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. Annotations1. Common-law marriage2. Miscellaneous1. Common-law marriageBy legislative enactment, common-law marriages in Nebraska are not recognized. Ropken v. Ropken, 169 Neb. 352, 99 N.W.2d 480 (1959); Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), 23 A.L.R.2d 1431 (1951).Unless entered into prior to 1923, a common-law marriage entered into in this state is not valid. Bourelle v. Soo-Crete, Inc., 165 Neb. 731, 87 N.W.2d 371 (1958); Ragan v. Ragan, 158 Neb. 51, 62 N.W.2d 121 (1954).Since 1923, common-law marriages in this state are prohibited. Bowman v. Bowman, 163 Neb. 336, 79 N.W.2d 554 (1956).Common-law marriage in another state was not established. Abramson v. Abramson, 161 Neb. 782, 74 N.W.2d 919 (1956).Common-law marriage was recognized as valid prior to act of 1923. Harrison v. Cargill Commission Co., 126 Neb. 185, 252 N.W. 899 (1924).Amendment of 1923 whereby common-law marriages were banned was upheld as constitutional. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932), reversing 121 Neb. 716, 238 N.W. 351 (1931).2. MiscellaneousThe failure to obtain a license to marry voids a marriage performed without it. Randall v. Randall, 216 Neb. 541, 345 N.W.2d 319 (1984).Where marriage ceremony is invalid, subsequent cohabitation after removal of impediment will not validate marriage. Binger v. Binger, 158 Neb. 444, 63 N.W.2d 784 (1954).Under 1923 amendment to this section, a valid marriage can be contracted in this state only when the parties have previously obtained a license to marry, and when the marriage has been solemnized by a person authorized by law to solemnize marriages. Walden v. Walden, 122 Neb. 804, 241 N.W. 766 (1932), reversing 121 Neb. 715, 238 N.W. 356 (1931).Provisions of this section are limited to marriages solemnized in Nebraska. Allen v. Allen, 121 Neb. 635, 237 N.W. 662 (1931).Where parties are of the age of consent and otherwise competent, the fact that license is wrongfully obtained is no ground for annulment. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).Prior to 1923, the fact that there was no license, or that it was wrongfully obtained, did not invalidate marriage. Melcher v. Melcher, 102 Neb. 790, 169 N.W. 720 (1918).